An Inquest is a formal investigation into a person’s death, when the cause is either unknown, was violent, was unnatural or was sudden. The purpose of an Inquest is to establish the cause of death so that a death certificate can be issued and so that the family have full knowledge of the circumstances of their loved one’s death.
Naturally, an Inquest comes at a time when a family is grieving, and while it is a necessary process to undergo it may involve costs that the family may find challenging to deal with, particularly when they may still be settling the estate of the deceased and paying for funeral costs. However, there may be financial assistance to help with these costs, and an experienced Inquest lawyer can talk about these options with you.
Can I get funding for an Inquest?
Legal Aid is available for certain Inquests, specifically those where Article 2 is engaged in the death and also where there is a wider public interest.
Legal Help is the first type of funding that you will apply for which will cover the costs of the preparatory work needed for an inquest. This type of funding is currently means tested, meaning Ison Harrison would need to assess your financial circumstances, but you can be granted a waiver if you are not normally eligible for Legal Aid.
Legal Aid for the Inquest hearing itself may also be available. This is not means tested but will only be granted if certain tests are met. Please get in contact with a member of our experienced inquest team who can advise you about this.
What is an Article 2 Inquest?
An Article 2 inquest is essentially an enhanced investigation into a death. A decision as to whether Article 2 is engaged in a death will determine how wide the scope may be (what issues the inquest will look at) and it can also affect the conclusions at the end of the inquest.
If the death occurred in state detention, whether that be prison, police custody or a psychiatric ward if detained under a section of the Mental Health Act, or immigration detention, and the death is unnatural, Article 2 will automatically be engaged. This is also the case if the State directly caused the death. The law is slightly more complicated and fluid when it deals with state involvement in a death but where the person was not detained.
Our Inquest Team are specialists in dealing with Article 2 Inquests and will be able to discuss the facts of the case with you and give guidance as to whether Article 2 may be engaged in your loved one’s death.
How Ison Harrison can help with your Inquest funding
If you would like to discuss funding with our Inquest team they can advise you on whether you may be able to receive legal aid to be represented at your loved one’s inquest. In addition to legal aid it may be that we can offer funding through a “no win no fee” arrangement if we assess that there may also be a civil claim arising from the death. If you contact our specialist Inquest lawyers we can assess your situation through a free, initial consultation and can then discuss the options with you.
Call our team on 0113 284 5000 today.
