Guidance

Exceptional Case Funding for representation at inquests

Published 3 October 2022

Applies to England and Wales

Getting funding for legal representation at an inquest

This guide is for bereaved families who may be attending an inquest into the death of a family member. This guide gives you an overview of what an inquest is, and what you can expect. It may help you decide whether you need legal advice or representation, and if so, how to access funding for it.

Most inquests do not need legal representation. However, you may still be able to get help through the Exceptional Case Funding scheme.

There are 2 types of legal aid funding in relation to inquests:

1. Legal Help (legal advice and assistance when preparing for an inquest)
2. Exceptional Case Funding (legal representation at an inquest)

When an inquest is needed

In certain specific situations when someone dies, the death will be reported to a coroner. A coroner is a special type of judge appointed by a local authority to investigate certain deaths reported to them. Coroners are usually lawyers, but sometimes they can be doctors. As independent judicial office holders it is for the coroners to decide how they conduct their investigation, which may include an inquest, but they work within a framework of law passed by Parliament. You can find out more about the role of the Coroner in the Guide to Coroner Services for Bereaved People starting at section 1.1.

An inquest seeks to answer the following questions:

1. Who the deceased was
2. Where they came by their death
3. When they came by their death
4. And, in certain types of deaths, how they came by their death.

An inquest is different from other types of court hearing because there are no legal parties to the proceedings and only the coroner can decide what evidence to hear.

An inquest can be critical of what happened, but it cannot find anyone to blame or find them responsible for the death. However, if there is evidence to suggest someone may be criminally responsible for the death, the coroner should pass this evidence to the police or the Crown Prosecution Service.

You can read more about inquests in Guide to Coroner Services for Bereaved People .

Getting help to prepare for an inquest

You can attend an inquest into the death of a family member. If you are a close relative, for example a parent, you will be an “interested person” which gives you certain rights, such as receiving evidence and asking witnesses relevant questions at any hearing. If the circumstances that led up to the death are straightforward, you may feel that you do not need to have a lawyer. This does not stop you from being able to ask any relevant questions that you may have at an inquest. You can also share what you know about the circumstances leading up to the death.

You don’t need to have a lawyer to attend or participate in an inquest because it is a fact-finding inquiry, and the coroner will help you understand what is happening at the inquest and why. However, if the case is complicated or you are not sure what kind of questions you can ask, a solicitor with experience of dealing with inquests may be able to help and there may also be instances where a solicitor (or barrister) may represent you at an inquest. You may also want to consider getting Legal Help to prepare for an inquest hearing, for example where the state or public body has legal representation at the inquest because of the circumstances around the death.

Accessing Legal Help to prepare for an inquest

You may be able to get Legal Help from a solicitor to prepare for an inquest. For example, Legal Help may cover preparing witness statements or submissions setting out the family’s concerns.

The Legal Aid Agency funds Legal Help for those who meet certain financial criteria. A solicitor will assist with Legal Help funding for you.

In special circumstances you may be eligible for Legal Help despite not meeting the financial criteria. The Legal Aid Agency will be the ones to decide this.

• First, use https://find-legal-advice.justice.gov.uk/ to find the right solicitor. Inquests will fall into the category of law most relevant to the subject of your inquest. For example, where a death takes place in prison, the inquest would fall into the “claims against public authorities” category.
• The provider will then check if you are financially eligible for legal aid. You can also check your financial eligibility at https://www.gov.uk/check-legal-aid.
• A solicitor will be able to advise further on whether you can apply for legal help despite having income or capital above the usual limits.

Having a legal representative with you at an inquest hearing

When an inquest is complicated or you are not sure what kind of questions you can ask, getting Legal Help from a lawyer is usually enough to help you prepare. This is because you will not have to make legal arguments and the coroner can ask questions on your behalf.

However, there are some circumstances where you may want to have a lawyer represent you at an inquest.

1. When the person who died was in the care of the state or a public body at the time. For example, if they died in a police station or prison. In these cases, the state or public body may have legal representation present at the inquest. This is sometimes referred to as an ‘Article 2’ inquest. You can find more on ‘Article 2’ inquests in the Guide to Coroner Services for Bereaved People at section 7.1.

2. When the inquest is likely to lead to significant benefits for the wider public. This may be because understanding the facts about a death may help to prevent future deaths. For example, changing working practices to make them safer.

If you think one of these circumstances apply, you may be entitled to funding for legal representation. Your legal representative should apply for Exceptional Case Funding on your behalf.

If the LAA assess that the Exceptional Case Funding criteria has been met, then you will be granted legal aid for representation, regardless of your financial status. If your application is successful, and you are not already in receipt of Legal Help, then you will also be entitled to free Legal Help.

There is detailed information for solicitors applying for Exceptional Case Funding at https://www.gov.uk/government/publications/legal-aid-exceptional-case-funding-form-and-guidance

This guide is only intended to provide a simplified explanation of Exceptional Case Funding for the inquest process.

Other sources of support at inquests

The Coroners’ Courts Support Service (CCSS)

An independent voluntary organisation whose trained volunteers offer free, non-legal, independent support and practical help to bereaved families, witnesses and others attending an inquest at a coroner’s court.

https://coronerscourtssupportservice.org.uk/

The Coroners’ Courts Support Service Helpline (England and Wales)

Telephone: 0300 111 2141

Email: helpline@ccss.org.uk

Monday to Friday, 9am to 7pm

Saturday, 9am to 2pm

Bereavement Advice Service

Free helpline and web-based information service provided by Co-op Legal Services. Providing practical advice and information on the issues and procedures after a death.

www.bereavementadvice.org

Citizens Advice

Provide free and confidential advice and information whoever you are and whatever your problem.

www.citizensadvice.org.uk

Office of the Chief Coroner

Website providing information and responsibilities of the Chief Coroner for England and Wales. It also contains a range of published material including guidance on specific issues.

Office of the Chief Coroner

Coroners’ Society of England and Wales

Full access to the site is limited to the members of the Society, who are coronial office holders in England and Wales. However, it does provide useful information about the office and role of coroners.

Coroners’ Society of England and Wales

Most coroner areas have their own websites for inquest listings, with useful local information and links.