Legal Aid for Inquests

Stephanie Peacock Excerpts

Wednesday 10th April 2019 Westminster Hall

[Stephanie Peacock (Barnsley East) (Lab)]

I beg to move,

That this House has considered legal aid for inquests.

It is a pleasure to serve under your chairship, Mrs Main. This debate is about a simple premise: who can access justice, and who cannot? Much to our shame, during inquests, too many people who have experienced appalling loss and suffering fall into the latter category. This debate is about deaths in state detention and custody, or where there is a public interest, and about how the families of those lost should be given adequate resources to find the truth. It is about a fair request for a non-intrusive, non-means-tested, automatic right to legal aid for legal representation for bereaved families. The charity Inquest claims that granting such a request will cost as little as £5 million, yet it will be invaluable to suffering families who need answers. The topic of legal aid for inquests has rightly moved up the political agenda, and I pay tribute to Inquest and other campaigners who have worked tirelessly to make that so.

A huge injustice sits at the very heart of our justice system. On the one hand, state bodies and representatives are equipped with access to unlimited funds and resources —the best experts and the best legal teams. On the other hand, vulnerable families in the midst of grief are forced to navigate a complex and alien application process that is provided with the bare minimum of support—indeed, most people will not even receive that.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

Legal aid is currently means-tested, and even then it is for limited purposes. Once someone has overcome that hurdle they must then apply for exceptional case funding, which puts them at a massive disadvantage compared with the huge resources available to state bodies.

[Stephanie Peacock]

My hon. Friend gets to the heart of this debate. The process is far too complex, and those who apply for legal aid are forced to run up huge legal bills on their own, represent themselves in court or rely on the generosity of strangers to help raise the required funds. Often, people have to tackle complex legal processes that involve multiple interested persons and agencies. Among a host of other complicated legal matters, people must address issues such as access to and release of a body, post mortems, communication with investigation teams, securing evidence and criminal investigations. Most people do not have the legal knowledge to do those things, and many do not have the resources to help. I ask the Minister: is that fair?

We are talking about the death of a child in a mental health setting—a death as a result of neglectful state services—or the self-inflicted death of a prisoner. The families of those lost feel a deep sense of pain. This debate is about deaths in state detention and custody, or where there is a clear public interest element to finding out the truth—for example, the Grenfell tragedy, the disaster at Hillsborough, or the recent case of Molly Russell, who tragically took her own life, in part, her parents believe, because of distressing material related to depression and suicide that she was able easily to access on social media platforms.

[Mrs Anne Main (in the Chair)]

Order. Inquests once opened are sub judice, and even when adjourned they are under a strict interpretation of the resolution. Reference should not be made to legal inquests at all, but if something is linked to a specific case, as the hon. Lady just did, we must ask for details of that case not to be mentioned as they may well compromise the case currently under consideration. I urge all Members who wish to refer to that case to try to refrain from making specific references.

[Stephanie Peacock]

I give way to my hon. Friend the Member for Sheffield, Heeley (Louise Haigh).

[Louise Haigh (Sheffield, Heeley) (Lab)]

I congratulate my hon. Friend on making a powerful speech, and I thank her for initiating the debate. The point she is making, and the examples she gives, are incredibly important. This debate is about death at the hands of the state, and the families who are trying to improve things so that such deaths never happen again, and the same mistakes—or criminal acts—are not made again. Given what we are talking about, does she agree that it is even more grossly unfair that the state’s legal advice and representation should be so thoroughly weighted against the victims?

[Stephanie Peacock]

My hon. Friend is absolutely right. All we are asking for is a level playing field. At the moment, the situation is totally disproportionate—a point I will come to.

The families of victims require help, accountability and answers, not only for themselves but, selflessly, to make sure that no other family goes through what they have. Instead, they are left by a callous Government to fight alone, their voices denied and excluded from the process. The scale of the discrepancy is a disgrace. In 2017 the Ministry of Justice spent £4.2 million on legal representation for the Prison Service in inquests involving deaths. In the same year the families of those who died were awarded just £92,000 in legal aid. I ask the Minister again: how can we in this place look the families of victims in the eyes and tell them that the current system is fair?

Where families are seeking through truth the knowledge that their loss was not in vain, the state seeks damage limitation through multiple expert legal teams defending the interests and reputations of corporate bodies. Such a staggering inequality of arms is a stain on our justice system. The testimony of those who have experienced it at first hand, kindly provided to me by Inquest, serves to prove it so. The process required to acquire legal aid is complicated, and the effects on those not fortunate enough to be successful are devastating. One father who lost his son in police custody said:

“The legal aid application process was incredibly stressful...the hoops we had to jump through to get funding to represent our son, who died as a result of one of the state agency’s actions, remains a source of anger and hurt.”

Another, who lost his daughter in a care home after a long history of serious mental ill health, said:

“The time, effort, emotional energy, distress that the process has cost me in itself is very damaging. The cost of my legal representation to the State fades into insignificance compared to the cost the State has incurred in the aftermath of my daughter’s death.”

Another who was unsuccessful in their legal aid application said:

“We had to do everything ourselves. We had no lawyer at the inquest. Those three weeks were the most terrifying thing I’ve ever done in my life. I had to cross examine witnesses, it was absolutely terrifying, and they had lawyers. There needs to be a level playing field; a family member should never be put through that.”

[Alex Sobel (Leeds North West) (Lab/Co-op)]

My hon. Friend is making an excellent speech with many good points. Does she agree that many families find the process intrusive as their own circumstances and financial situation are looked into? However, the state gets automatic legal representation. Does that not create exactly the uneven playing field that she refers to?

[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.

[Stephanie Peacock]

My hon. Friend makes an important point: the system is completely unfair. The Government and their agencies are given a blank cheque, whereas victims are not. It is not just the families of those lost and charities such as Inquest telling them that. Reports have proposed the necessity for changes for years, yet over the last few years the weight of evidence has mounted. Dame Angiolini in her report on deaths and serious incidents in police custody; the Right Rev. James Jones in his report on Hillsborough and the experiences of families; Lord Bach; two chief coroners; Baroness Corston; Lord Harris; the Joint Committee on Human Rights; the Independent Review of the Mental Health Act; and agencies, including the Independent Office for Police Conduct, have all outlined the need for change. Central to the reports of Dame Angiolini and the Right Rev. James Jones were the voices of families speaking about the impact of the inquest process on their wellbeing, much like the testimonies we have heard today.

In response, the Government launched a call for evidence in July as part of their review of legal aid for inquests. What followed was a Government submission document that was riddled with errors, strewn with inaccuracies and in no way befitting the seriousness of the subject. The short turnaround time for submissions left those whom the Government should have been doing their utmost to hear from unable to sufficiently offer their thoughts.

Furthermore, the document made no explicit mention of, and no adequate attempt to hear from, bereaved families. After its so-called consultation, it was therefore of little surprise that the, in February Ministry of Justice decided to ignore the weight of evidence to the contrary and refused the call for non-means-tested legal aid for inquests where the state has representation.

[Jo Stevens (Cardiff Central) (Lab)]

The Government’s normal consultation period is 12 weeks. Does my hon. Friend share my surprise that it was six weeks for this consultation, which was held over the peak summer holiday period? Does she share my suspicion about its timing?

[Stephanie Peacock]

I absolutely share my hon. Friend’s concern and suspicion. I hope the Minister will answer that point.

For families to fully and effectively participate in the inquest process, they should have access to free automatic non-means-tested legal representation throughout. The Labour party has pledged to provide that, after listening to those who know best, but the Government remain in denial. However, the playing field must be levelled, the inequality of arms addressed and access to justice made a staple of bereaved families’ experience throughout inquests.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I, too, join Inquest’s call for legal aid to be made available, especially for people in rural areas, as well as subsistence and travel costs, which can be a real drain on families.

[Stephanie Peacock]

I support that call. Not only is that the way to discover the truth that will provide redress to individual families in individual cases, but it is an avenue to expose the systematic practice problems that have led to deaths, which can alert the authorities and prevent more. That means providing truth and accountability to prevent another Hillsborough or Grenfell, and ensuring that our justice system works for everyone—not just those who can afford it.

--- Later in debate ---

[Stephanie Peacock]

I thank hon. Members for their powerful contributions. We have heard so many examples of why change is needed, and I want to briefly mention a few. The hon. Member for East Worthing and Shoreham (Tim Loughton) mentioned a travesty of justice and the families of the victims of the terrible Shoreham air show crash. He mentioned that they will not have legal representation and talked about how they have been turned down for legal aid, showing clearly how the system is broken. My hon. Friend the Member for Ellesmere Port and Neston (Justin Madders) talked about the tortuous process of getting legal aid. A tragic case was highlighted by my hon. Friend the Member for High Peak (Ruth George). In seeking justice and truth, bereaved families want to help other families and prevent future deaths.

The hon. Member for Banbury (Victoria Prentis) remarked on the political nature of my speech. I gently say to her that decisions about public expenditure are inherently political. We have been given no answer on, and there is no excuse for, the huge disparity in funding between the Government and victims. Labour Members make no apology for calling for equality and justice. It is all very well to say that inquests are inquisitorial in nature, but time and again that is simply not the experience of families. The system is not equal.

I thank the Minister for her comments, but they simply do not go far enough. She talked about the merits of means, but this issue is not comparable to other legal aid applications. Families do not choose to be part of the process. She has given no real explanation for the disappointing consultation.

I will conclude by quoting Inquest, which states:

“Specialist legal representation and input from families is crucial to ensuring robust post-death investigations and inquests. Inquests must shine a light on any state failings”.

I implore the Minister: please listen to Inquest.

Motion lapsed (Standing Order No. 10(6)).