Letts, R (on the application of) v The Lord Chancellor & Ors

Letts, R (on the application of) v The Lord Chancellor & Ors

The Lord Chancellor's Exceptional Funding Guidance (Inquests) is materially in error by requiring evidence of arguable breach by the State in all cases as a trigger for the Article 2 investigative duty. The law recognises categories, including suicides of psychiatric patients under State control, where the duty arises automatically. The Guidance fails to acknowledge these categories, leading to wrongful refusals of legal aid and potential breaches of Article 2 rights. Guidance predicated on such legal error is unlawful and subject to judicial review.

Parties
Claimant: Joanna Letts; Defendant: The Lord Chancellor; Intervener: Equality & Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
20 February 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review succeeds to the extent set out in the judgment.
Legal Topics
Article 2 ECHR, Legal Aid, Inquests, Exceptional Funding Guidance, Suicide of Psychiatric Patients
Human Rights Administrative Law Mental Health Law Article 2 ECHR Legal Aid Inquests Exceptional Funding Guidance Suicide of Psychiatric Patients

Case Brief

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Parties

Joanna Letts

Claimant

The Lord Chancellor

Defendant

Equality & Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Lord Chancellor's Exceptional Funding Guidance (Inquests) accurately reflects the scope of Article 2 ECHR procedural duty to investigate deaths
  2. 2 Whether the Guidance unlawfully requires evidence of arguable breach by the State in all cases before triggering the investigative duty under Article 2
  3. 3 Whether the Guidance fails to acknowledge categories of cases where the investigative duty arises automatically

Ratio Decidendi

The Lord Chancellor's Exceptional Funding Guidance (Inquests) is materially in error by requiring evidence of arguable breach by the State in all cases as a trigger for the Article 2 investigative duty. The law recognises categories, including suicides of psychiatric patients under State control, where the duty arises automatically. The Guidance fails to acknowledge these categories, leading to wrongful refusals of legal aid and potential breaches of Article 2 rights. Guidance predicated on such legal error is unlawful and subject to judicial review.

Court Disposition

Application for judicial review succeeds to the extent set out in the judgment.

Orders

  • Court will hear submissions about appropriate declaratory relief.
  • No order quashing the Guidance at this stage.