IOPC supports free legal representation for bereaved families in consultation response

The Independent Office for Police Conduct (IOPC) has reiterated its support for free legal representation for bereaved families where there has been a death following contact with police.

In our response to a Ministry of Justice consultation launched in July https://www.gov.uk/government/consultations/call-for-evidence-review-of-legal-aid-for-inquests we set out the view that legal representation is required for families to play an effective part in the relevant procedures that follow a death, in particular at the Coroner’s inquest.

IOPC deputy director general Ian Todd said: “Our family liaison managers are trained to provide support to families throughout the investigation process and signpost them to specialist services. However, it’s important that we maintain our independence – so we cannot act for families. That’s why we believe legal aid should be automatically available to bereaved families following deaths in custody or other state detention. This is particularly critical at inquests, as legal proceedings are often complex and other parties, including the police, will ordinarily be represented.”

Families often tell us that they do not feel prepared for the inquest process. Many have expressed strong views that they are not sufficiently represented throughout proceedings, and have described attending inquests where up to eight barristers have represented state actors and other interested persons. Where families have not been represented they have explained that the presence of multiple barristers made them feel at an immediate disadvantage.

Families who have had representation, or been signposted to organisations such as INQUEST, have commented on the positive impact of such support.

Separately, the IOPC has been working with the Chief Coroner with a view to developing new guidance which we hope will improve communication and liaison between all parties in the lead up to inquests.

In our response to Dame Elish Angiolini’s ‘Independent Review of Deaths and Serious Incidents in Police Custody’ last year, we supported the recommendation for free legal representation for bereaved families.

We have also been working closely with members of the Ministerial Board on Deaths in Custody to progress the Government’s work programme following the review’s publication including, improving support for families, healthcare in police custody, and improving the timeliness of the processes that follow a death in custody.

The IOPC’s full response to the Ministry of Justice consultation can be found here.