Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether he is taking to steps to (a) minimise costs faced by claimants during an inquest when admissions of liability result in reasonable costs no longer being duty of the defendant and (b) allow bereaved families to further establish in law the principle of equality of arms between families and public bodies.

The Government is committed to ensuring that bereaved families are properly supported and are able to participate in the inquest process. An inquest is intended to be an inquisitorial, fact-finding event, and in the vast majority of cases, representation is not necessary. There is no question of liability nor defendants, only interested persons, and witnesses are not expected to present legal arguments.

In certain circumstances, legal representation for bereaved families at inquests may be funded through the Exceptional Case Funding (ECF) scheme. We believe that the process to access this support should be as straightforward as possible, which is why we removed the means test for ECF in relation to these matters.

Whilst we acknowledge the call for the provision for legal representation for all bereaved families at inquests to ensure “equality of arms” between families and public bodies, we believe that additional lawyers at an inquest will not provide an overall improvement for the bereaved or change the outcome of the conclusion of an inquest.

The refreshed Ministry of Justice Guide to Coroner Services for Bereaved People is better focused on the needs of bereaved people and is designed to support bereaved families and keep them at the heart of the inquest process. The Guide includes number of key principles that government departments and the lawyers it instructs will follow. These include the need to consider the number of lawyers instructed, bearing in mind the commitment to support an inquisitorial approach.