Consultation warns inquest cases could rise to 11,400 annually, with plans for a simplified single fee scheme
The government has unveiled plans to simplify the legal aid system for inquests ahead of the expected implementation of Hillsborough Law, warning that the number of legally aided inquests could rise sharply once the legislation comes into force.
In a consultation published by the Ministry of Justice, officials said the Public Office (Accountability) Bill, to be known as Hillsborough Law, could increase the number of legally aided inquests from around 200 to 400 cases annually to as many as 11,400 each year.
The consultation states: “Our current legal aid arrangements for inquests need to be developed to meet the challenges of scope and scale of this expansion.”
Under the current legal aid system, inquest work falls into whichever category is considered most closely connected to the subject matter of the death being investigated. This means providers must hold contracts in different categories depending on the case type, while fee arrangements also vary.
The Ministry of Justice is proposing to move to a single fee scheme for legal help work in inquests. Under the plans, fee rates for “service elements” of legal help including travel and waiting time, routine letters and telephone calls would be combined alongside the existing fee rates for advocacy related work used across other legal services.
The government said the reforms are intended to simplify the system and prepare legal aid arrangements for the expected expansion in publicly funded inquest work once Hillsborough Law takes effect.
The consultation seeks views on the proposed fee scheme changes and is aimed at legal aid providers, representative bodies, coroners, members of the judiciary and bereaved families with experience of inquests and accessing legal aid.
The consultation closes on 19 June, with the government expecting to publish its response in the autumn. The Public Office (Accountability) Bill is also expected to receive Royal Assent later this autumn.