Inquest into the Death of Emily Greene Highlights Police Failings and Legal Aid Concerns

News update on 8th January 2021: Emily Greene: Police admit failings in teen’s abuse claim inquiry

Howells Solicitors supported the family of 14-year-old Emily Greene during a complex inquest which identified failings by South Yorkshire Police and raised serious concerns about access to Legal Aid in inquests involving State bodies.

Overview of the Inquest

Howells Solicitors acted on behalf of Emily Greene’s family at an inquest examining the circumstances surrounding her tragic death.

The inquest, held over four days, involved multiple State agencies and explored whether failures in the handling of a reported sexual assault and subsequent police response contributed to Emily’s death.

The Coroner ultimately identified failings in the actions of South Yorkshire Police and concluded that opportunities to act were missed.

Background: Reported Sexual Assault and Lack of Support

Prior to her death, Emily had reported a serious sexual assault to South Yorkshire Police.

Evidence heard during the inquest revealed that:

• – The investigation concluded with no further action
• – Emily struggled to cope with the outcome
• – She did not receive adequate support throughout the process

This included the initial reporting stage, the investigation itself, and how the outcome was communicated to her.

The inquest highlighted the importance of victim support and sensitive handling in cases involving vulnerable individuals.

Failings Identified in the Police Investigation

At the conclusion of the inquest, the Coroner identified failings in the police investigation, including:

• – Issues with supervision and management of the case
• – Failures in the handling of the investigation process
• – Inadequate support provided to Emily as a victim

These failings raised wider concerns about how serious allegations are investigated and managed by State bodies.

Delays in Response When Emily Was Reported Missing

The inquest also examined events on the evening Emily was reported missing.

The Coroner found there had been delays in initiating a search, which impacted the opportunity to intervene.

In addressing these issues, the Coroner stated:

“Whilst it is not possible to say that the outcome would have been different, the sad fact remains that Emily was deprived of the chance of it so being.”

This conclusion reflects the seriousness of missed opportunities in responding to vulnerable individuals.

Article 2 Inquest and State Accountability

This case was designated as an Article 2 inquest, engaging the Right to Life under the European Convention on Human Rights due to the involvement of State bodies.

The inquest included seven interested parties, many of whom were public authorities with legal representation.

Article 2 inquests place a duty on the State to investigate deaths where its actions or omissions may have contributed, making legal representation particularly important for bereaved families.

Legal Aid Challenges Faced by the Family

Despite the Coroner directing that Article 2 was engaged, the family’s application for Legal Aid through Exceptional Case Funding was refused by the Legal Aid Agency.

The Agency concluded that Article 2 was not engaged, contrary to the Coroner’s findings.

A review of the decision was unsuccessful, and the family did not have the means to challenge the refusal further through judicial review.

As a result:

• – The family were forced to take out a loan to secure legal representation
• – They faced additional financial stress during an already traumatic period
• – Access to justice was significantly impacted

This situation highlights ongoing concerns about fairness and equality within the inquest process.

Importance of Legal Representation at Inquests

Despite the difficulties, the family were represented by a barrister at the inquest hearing.

Legal representation ensured:

• – Key questions were asked of all involved agencies
• – Evidence was fully explored
• – Failings were properly examined

Without representation, many of the issues identified during the inquest may not have been uncovered.

Prevention of Future Deaths Report

The family welcomed the Coroner’s decision to issue a Prevention of Future Deaths (PFD) report, which aims to highlight risks and drive improvements.

They hope this will lead to meaningful changes in how similar cases are handled and support systems are provided.

Wider Concerns About the Inquest System

This case raises significant concerns about fairness within the inquest system.

Families often enter inquests unexpectedly and may face complex legal proceedings without representation. In contrast, State bodies such as police forces and public authorities are routinely legally represented, with costs funded by the State.

Without access to Legal Aid, families may:

• – Attend inquests unrepresented
• – Be unable to fully engage with proceedings
• – Miss the opportunity to challenge evidence or raise key concerns

Charities such as INQUEST continue to campaign for non-means-tested Legal Aid funding in cases involving State bodies to ensure equality and fairness.

Legal Representation at the Inquest

Howells Solicitors supported Emily’s family throughout this complex and sensitive case, ensuring they had guidance during the inquest process and access to specialist legal expertise.

Support for Families Facing an Inquest

Inquests involving potential failings by police or other State bodies can be particularly complex and distressing.

Specialist inquest solicitors can assist families by:

• – Representing families at Coroner’s Court
• – Explaining the inquest process and legal framework
• – Investigating failings by public authorities
• – Ensuring all relevant evidence is considered

Read more on The conclusion of the inquest into Emily’s death was reported

If An Inquest Has Opened

If an inquest has been opened you can contact Howells Solicitors for independent and free case review, where will advise you on the best next steps for your family.

If possible, we may explore funding options and apply for legal aid if your case meets the qualifying criteria.

Learn more about our Inquest team.

Our Inquest Solicitor are led by the well-respected Michelle Gyte and team includes senior legal expert Phillipa Matthews and solicitor Jenna Kisala and Elizabeth Walton who regularly act for families at complex and Article 2 inquests. The team forms a specialist practice group that strongly believes everyone deserves access to justice.

We assist families across England and Wales, including those attending Coroner’s Courts in South Yorkshire and the surrounding regions.

Contact us on  0114 2496611 and one of our advisors will be in touch to discuss your situation.