Woman told to pay towards inquest into daughter's death in care

A disabled woman who cannot work has been told to pay thousands of pounds for lawyers to represent her at the inquest into her daughter’s death in a secure children’s home.

The Ministry of Justice’s requirement that the mother makes a significant contribution towards courtroom costs has been condemned by her lawyers and campaigners calling for fully-funded legal representation for bereaved relatives.

A preliminary hearing into the death two years ago of Taylor Alice Williams, 17, in Aycliffe secure children’s home, in County Durham, was due to open on Friday at Crook coroner’s court.

Aycliffe has been among the subjects of an investigation by the independent inquiry into child sexual abuse (IICSA), which heard allegations a 15-year-old girl had been sexually abused there.

Related: Bereaved woman asked to pay £1,000 for private room at inquest

A prisons and probation ombudsman report into Williams’ death, in February 2017, found she had previously tried to kill herself and had self-harmed more than 100 times. After telling staff she wanted to go back to her room to sleep, she was later found with a ligature around her neck.

Inquest and other civil rights groups have called on the MoJ to provide automatic funding for bereaved relatives when they attend an inquest into deaths involving state agencies such as the police, prisons and hospitals.

In such hearings, representation is invariably provided for staff and institutions but legal aid funding is often denied to families. In this case, the mother had been given exceptional case funding by the Legal Aid Agency but told she still had to cover 25% of the fees.

Because of the complexity of the case an experienced QC is required. Even a quarter of the fees would run into thousands of pounds, which the mother cannot afford. Both the solicitor and barrister in the case are therefore appearing partially pro bono.

Alice Stevens, of the law firm Broudie Jackson Canter, the solicitor who represents the mother, said: “Taylor’s death is a tragedy. She was a highly vulnerable child who was under the care of the state.

“Her death must be fully investigated to establish how such a vulnerable child came to die in a secure children’s home. This is clearly a matter of wider public interest. The Legal Aid Agency’s request for a contribution from her vulnerable mother is simply astonishing and we hope that this matter will be quickly rectified.

“Inquests are supposed to be fact-finding and non-adversarial in nature, however, unfortunately, in the case of Taylor’s inquest, the entire process has been an unnecessary fight to date. The tragedy of Taylor’s death and the importance of this inquest must not be lost. It is vital that a full and fearless investigation into Taylor’s death is conducted. This will only be possible if her mother is able to fully participate in the inquest process. Without legal aid, her effective participation will be impossible.”

Deborah Coles, the executive director of Inquest, which supports families at coroners’ courts, said: “What can be more serious than the death of a child in the care of the state? A child placed in care because of her vulnerability, a serious history of self-harm who then dies.

“This is a death that needs the most searching scrutiny. That her disabled mother has been asked to contribute to funding while three state organisations [the county and local councils and NHS foundation trust] are represented from the public purse is deplorable and exemplifies the cruelty and unfairness of the funding system.”

An MoJ spokesperson said: “Our thoughts are with the family of Taylor Alice Williams. While our review of legal aid showed that legal representation is not necessary for the vast majority of inquests, we are making a number of changes to ensure there’s more support for bereaved families.”

The MoJ is currently reviewing the means-tested thresholds for legal aid awards.

In the UK and Ireland, Samaritans can be contacted on 116 123 or emailjo@samaritans.org or jo@samaritans.ie. In the US, the National Suicide Prevention Lifeline is 1-800-273-8255. In Australia, the crisis support service Lifeline is 13 11 14. Other international suicide helplines can be found atwww.befrienders.org.