Charlotte Andrews explores the limits of LASPO 2012’s family categories & the role of exceptional case funding in inquests
- Exceptional Case Funding may require a broader assessment where Convention rights are arguably engaged.
- A recent funding decision demonstrates why practitioners should look beyond legal labels when considering eligibility for funding.
- Modern family relationships do not always fit neatly within LASPO 2012’s prescribed family categories.
Modern family relationships do not always fit neatly within the categories recognised by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012). Former spouses may continue to share caring responsibilities, separated couples may remain closely connected, and those most affected by a death are not always those who satisfy the statutory definition of a qualifying family member.
For practitioners advising participants in inquests, this can create significant difficulties where an applicant’s participation is plainly central to proceedings, yet legal aid is refused because their legal relationship with the deceased falls outside the statutory framework.
While LASPO 2012 prescribes categories of applicants
