Grayling's inquest guidance was unlawful

The Lord Chancellor, Chris Grayling’s guidance on legal aid for representation at inquests was unlawful, the High Court has held.

Joanna Letts challenged the exceptional funding guidance after she was refused legal aid to be represented at an inquest into her brother’s death.

In R (on the application of Letts) v Lord Chancellor [2015] EWHC 402 (Admin) last week, the court ruled that the Lord Chancellor’s guidance on legal aid for representation at inquests incorporates an error of law and provides a materially misleading impression of what the law is. The guidance failed to recognise that investigations into certain deaths will automatically require the involvement of the families of the deceased. It could therefore lead to legal aid being wrongly refused. 

An Equality and Human Rights Commission spokesperson said the right to life “includes the right of bereaved families to be involved in investigations into the deaths of their loved ones”.

Saimo Chahal, a partner at Bindmans who acted for Letts, says: “I am certain that this guidance has led to injustice for many bereaved families who have been deprived of representation and therefore accountability and scrutiny into the death of their loved one at a time when they needed help.”