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The Coroner Service: inequality of arms?

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25 June 2021 / Jonathan Landau
Issue: 7938 / Categories: Features
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Jonathan Landau considers key proposals for reforming the Coroner Service—and how likely they are to materialise

The Justice Committee report on the Coroner Service, published on 27 May 2021, included 28 paragraphs of conclusions and recommendations. The two that would have the greatest impact if implemented are a recommendation that the bereaved have access to non means-tested legal aid to fund advocacy at inquests in any case where a public authority is represented, and its renewed call for a National Coroner Service.

Legal aid

The current position is that legal aid to fund advocacy at inquests is only available in very limited cases:

a) where the state has a duty to conduct an enhanced investigation under Article 2 of the European Convention on Human Rights, and family representation is necessary to discharge that duty; or

b) the Director of Legal Aid Casework makes a determination that there is a wider public interest in granting legal aid based on a likelihood of significant benefits for a class of person, other than the applicant

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