Judge grants permission for judicial review action over inquest funding and legal aid

A High Court judge has allowed a challenge to go ahead to the Lord Chancellor’s guidance on inquest funding.

Mrs Justice Andrews gave permission to Joanna Letts to pursue a judicial review on the grounds that the guidance is flawed and unlawful. 

Ms Letts’ brother Christopher Letts threw himself under a train at Tooting Bec station last year while mentally unwell. 

She applied for legal aid for the inquest but this was rejected on the grounds that she could represent herself even though she has no legal experience and is responsible for four children.

The inquest is to consider how Mr Letts came to his death only four days after he was allowed to leave hospital.

Only after judicial review proceedings were issued against the Legal Aid Agency and the Lord Chancellor as an interested party, did the agency back down and agree to grant funding.

The judge found that the denial of legal aid raised issues of wider public importance and granted permission. 

Ms Letts will be represented by Saimo Chahal QC (hon) of Bindmans LLP and Chris Butler of Matrix Chambers.

Mark Smulian