‘Why did my girlfriend’s killer’s family get legal aid when we didn’t?’ Boyfriend of London Bridge hero nurse demands help for terror victims’ relatives

Pressure mounts on new justice secretary as more than 250,000 people back change to ‘horrific’ process

Kirsty Boden, who was killed in the London Bridge attack, with her partner James Hodder (Supplied)

The partner of a nurse murdered in the London Bridge attack is calling for the government to change a “horrific” process in which legal aid is granted to terrorists’ families but denied to those of their victims.

James Hodder has won the backing of more than 250,000 supporters and dozens of MPs in a campaign to ensure the situation cannot be repeated at the upcoming Manchester bombing inquests.

His girlfriend, Australian nurse Kirsty Boden, was stabbed to death while helping another victim during a rampage by three Isis supporters in June 2017.

Mr Hodder and relatives of the seven other victims applied for funding to be represented at inquests that examined alleged failings by security services and public authorities.

They were not told that legal aid applications had been denied on “public interest” grounds until the last week of gruelling hearings, where they had watched CCTV and graphic witness testimonies of their loved ones’ brutal deaths.

“I spent the whole day sitting in court in complete shock,” Mr Hodder told The Independent. “If the law firm turned round and said I needed to cover the bill, I would have been instantly bankrupt.”

The widow of attack ringleader Khuram Butt was granted legal aid for the same inquests, while the Metropolitan Police, MI5, City of London Corporation and other authorities had publicly funded representation.

“I wouldn’t say Butt’s wife shouldn’t get legal aid but it just brings it into sharp focus the question of why we didn’t,” Mr Hodder said. “It doesn’t make any sense … authorities will happily fund their own representation, which is the real hypocrisy of this whole situation.”

The 32-year-old said the legal aid application process was “horrific”, describing how he had to provide bank statements, tenancy agreements and even Facebook images as evidence of his relationship with Ms Boden.

More than 250,000 people have signed his petition, which calls for families of people killed in terror attacks to be automatically given government-funded legal representation at inquests.

Mr Hodder called for the new justice secretary, Robert Buckland, to meet him, adding: “The impact inquests take cannot be described and each of those families in Manchester are going to be going through that as well.

“Legal aid shouldn’t be something they have to worry about.”

Dozens of MPs from all major parties have signed a parliamentary motion calling for the change, moved by independent MP Stephen Lloyd.

He has written a letter to Mr Buckland, noting that France gives terror attack victims and their families state-funded legal representation.

“If they do it in France surely it’s only right and proper to do it in the UK, and there is the ongoing risk of further attacks,” he told The Independent.

“The duty of the state is to look after its citizens and the onus is on the government to do the right thing.”

Mr Buckland, a former criminal barrister and judge, has suggested he would not support the change because he does not want inquests “to become an adversarial process”.

The Independent understands that no steps are being taken towards changing the guidance but “exceptional case funding” rules may be used for the upcoming Manchester inquests.

A preliminary hearing held last week heard that some families bereaved by the bombing “are concerned about difficulties in receiving funding from the Legal Aid Agency”.

“Those legally representing them have been working without funding for a considerable period of time,” said Paul Greaney QC, counsel to the inquests.

“There is a clear public interest in the bereaved families being represented at the inquests in order that they can fully participate.”

Hearings are due to start next April, following the trial of the bomber’s brother Hashem Abedi, and will examine alleged failings by intelligence agencies and the emergency services.

The Ministry of Justice said consideration of applications from the 22 victims’ families was ongoing, but its wider review of legal aid found representation for bereaved families was unnecessary at most inquests because they do not “apportion blame in an adversarial way”.

Deborah Coles, director of the Inquest charity, said the characterisation was “dishonest and denies the reality of the uneven playing field which confronts bereaved families”.

“Their legal representation at inquests performs a vital public interest in a highly complex process,” she added.

Kirsty Boden, who was killed in the London Bridge attack, with her partner James Hodder (Supplied)

“Intrusive and protracted funding processes are cruel and add further trauma. Families bereaved by terrorism must be granted automatic non-means-tested legal aid for inquests.”

A solicitor who represented Mr Hodder at the London Bridge inquests and is supporting his campaign said there should be “an equality of arms” between victims and public authorities in terror inquests.

“The coroner is prohibited by law from making a finding of blame but the proceedings are covering contentious issues, so it’s important that the families are fully engaged and can ask all the questions they need to,” added Helen Boniface, a senior associate at Hogan Lovells.

Dame Vera Baird, the victims commissioner for England and Wales, said other options could be explored to address the imbalance, such as a potential levy on public authorities wanting legal representation or an “independent public advocate”.

Brendan Cox, co-founder of the Survivors Against Terrorism group, said forcing families to apply for legal aid was just one aspect of a “complete disregard for trauma”.

Mr Cox, the widow of murdered Labour MP Jo Cox, told The Independent: “We’ve got a growing list of survivors who are worried about this.

“We understand there is a need for process and but it feels like there’s a lack of support for people going through that process, and a lack of emotional intelligence.”

A Ministry of Justice spokesperson said: “Our recent legal aid review found representation for bereaved families is not necessary at the vast majority of inquests because the process is designed to establish the truth and learn lessons, rather than apportion blame in an adversarial way.

“Legal aid funding for inquests is available through an exceptional case funding scheme, with around two-thirds of those applications approved, and we’re also making changes to ensure there is more support for bereaved families.”