Legal Aid for Inquests

Andy Slaughter Excerpts

Wednesday 10th April 2019 Westminster Hall

[Stephanie Peacock]

My hon. Friend makes an important point. The system is simply unfair. Others have spoken of how the inquisitorial hearings are anything but. Instead, they are adversarial, law-drenched, distressing journeys, where already traumatised families are silenced and a well-oiled state machine sets about cementing a wall of denial. The families did not ask to be in such a situation. It was not something they sought or could prepare for. They are thrust unexpectedly into intense grief and pain and forced to go through further trauma.

One father spoke of how his family was forced to use money that they had been putting away for his daughter’s wedding to pay for legal help following her death. Such stories are utterly devastating. The Government must do more to help. They cannot continue to turn a blind eye to the suffering of some of the most vulnerable in our justice system.

[Andy Slaughter (Hammersmith) (Lab)]

The Government seem to rely on this point about the inquisitorial process, so one must ask why, if the family does not need representation, the various state bodies always need to be lawyered up. Indeed, there is something deeply cynical about the Government saying that in their final report—

[Mrs Anne Main (in the Chair)]

Order. The hon. Gentleman has applied to speak, but he cannot make his speech now. He has made his point and hopefully the hon. Lady will tackle it.

--- Later in debate ---

[Andy Slaughter (Hammersmith) (Lab)]

It is a pleasure to be here under your chairmanship this afternoon, Mrs Main.

To be fair to the Minister, as I always try to be, the issue is not a new one, and has not appeared on her watch. I remember appearing at inquests more than 20 years ago when lack of representation for families, including in death in custody cases, meant that Inquest—led then, I think, as now, by the admirable Deborah Coles—was going around finding pro bono lawyers to act for families.

I do not entirely agree with the hon. Member for Banbury (Victoria Prentis) about lack of need, and indeed the Government’s report includes something about families receiving legal aid, and being represented. Not all coroners treat families well in those situations, not all lawyers acting for state agents behave well, and not all witnesses tell the truth, particularly when they may be found negligent, or even culpable of causing death.

I share the concern of my hon. Friend the Member for Cardiff Central (Jo Stevens) about the Government’s report, that the process was not entirely right. The fact that it came out with the rest of the LASPO review meant that it got rather lost in all that. It shares some of the faults of the LASPO review in that the facts are well marshalled but do not appear to bear out the conclusions. In particular, the report states that

“a number of stakeholders pointed out that it should not be assumed that in cases where the state has legal representation, representation for the family is necessarily required nor that it enhances the results of the coroner’s investigation. They suggested that the addition of further lawyers might actually hinder the process, by making the process more adversarial and legally complex.”

The Government hide behind other “stakeholders”, whoever they are, but that is a rather cynical way of dismissing families’ concerns. How else, other than by the provision of legal aid—because pro bono cannot carry the weight of inquests in its entirety, although lawyers do a good job—are we to deal with complex medical and legal issues, with coronial rules that are not straightforward and are unique in the way they work, as well as securing evidence, preparing cases and challenging witnesses? As an analogy, public family law cases are one of the few areas where there is still representation for families, because it is perceived that the issues are crucial and the state has a lot of power in those cases. I do not see that inquests are different.

The case of Molly Russell was mentioned. I am not going to deal with the facts of that case, but nevertheless it is true that legal aid was refused on the basis that the matter is not of “wider public interest” and because of the means test. The matter was being appealed, but then the Legal Aid Agency just changed its mind, which shows rather faulty logic. I have been involved in a number of cases, including the tragic case of my constituent Natasha Ednan-Laperouse, who died on an airline flight because of an allergen in a Pret a Manger sandwich that she was eating. That led to a prevention of future deaths report that made substantial recommendations to the Department for Environment, Food and Rural Affairs and other Government agencies.

I could mention, also—I wish I had more time—some of the cases involving the Whirlpool company. I have had incidents in my constituency, but in particular I want to talk about the death of Douglas McTavish and Bernard Hender in Llanrwst. That was caused by an electrical fault in a Hotpoint tumble dryer, which caused the fire which led to their death. In all these cases, there is a need for proper representation in the public interest, even though those involved are not state actors.

Why should there be legal aid in such cases? In many cases, the Government should have been aware of the risks, but took no action—whether that involved the Office for Product Safety and Standards, the Food Standards Agency or the internet and internet regulation, which are very topical at the moment. The Minister cannot get away with the report that has been done so far. These matters need to be properly looked at again.