Next of kin needing legal representation at inquests in complex cases or those involving Article 2 of the European Convention on Human Rights (ECHR) may find by a case recently heard at the Court of Appeal will assist in applying for legal aid.

The Court of Appeal held that the Legal Services Commission had acted unlawfully in denying a mother public funding (legal aid) for representation at the inquest into the death of her 10 year-old son Dante Kamara, who died of an asthma attack.

Peter Mahy of Howells, who represented Dante’s mother during her appeal, said the case was important as it clarified the position of next of kin applying for legal representation for inquests particularly into deaths for which the state may bear some responsibility.

“Next of kin can find inquests complicated and that the other parties all have legal representation. It is important that, where required, the next of kins can participate in an inquest effectively which may well mean that they are legally represented”

“The Court of Appeal ‘s judgment is an important one in terms of clarifying the duty of the Legal Services Commission to consider an exceptional case properly and it clears up an ambiguity in previous case law concerning deaths which engage article 2 – the right to life – of the European Convention on Human Rights (ECHR)

“Particularly at this time, within the ongoing environment of cuts to public funding, it is vital that that next of kin should be entitled to legal representation where it is necessary for their effective participation.”