In letter to the families of Sean Rigg and Olaseni Lewis, the home secretary says she wants to solve significant problems faced by those fighting for justice

The criminal justice system makes it too hard for families whose loved ones have died in police custody to get answers, according to a candid letter written by the home secretary to two families affected by such deaths.

Theresa May wrote that she wanted to solve significant problems for those fighting for justice following the deaths of relatives, and has ordered her officials to carry out a review.

The letter was sent to the families of Sean Rigg and Olaseni Lewis, who died after restraint by officers in 2008 and 2010 respectively. The families, both of whom had met the home secretary, are yet to receive full answers and the final resolution they want despite years of legal action.

In both cases, the Independent Police Complaints Commission initially exonerated the police only to have to scrap that conclusion and restart their investigation, meaning the families are facing further years of delay.



The home secretary indicated there may be further reforms to the police watchdog. She wrote: “I know there were very real concerns about the work of the IPCC and its perceived independence.” She added that Home Office officials would review efforts made by the watchdog to improve its approach to investigating deaths.

Spelling that out, May said her officials would examine new reforms promised by the criticised police watchdog to see if they are good enough. These cover “a new model for family liaison, measures to improve communications with the wider public, and to increase the diversity of their staff”.

The home secretary met the families in January and her letter (published here addressed to the Rigg family’s lawyer, Daniel Machover, and dated 27 March) updates them on progress made. May also wrote that her officials will “look sympathetically” at legal aid for families in cases where people have died in police custody.

Campaigners say the home secretary’s comments are in contrast to “decades of indifference” from previous governments about the uphill battle faced by grieving families.



May promised there would be progress after the general election, although it is not certain that she will retain her position following the vote next month. “As indicated in my previous letter I am keen that you should be consulted on any proposals that emerge from this process,” she wrote.

In the Rigg case it took an inquest to expose flaws in the IPCC investigation, but the family was told it needed to contribute £21,000 to get funding for a lawyer from legal aid.



Marcia Rigg, sister of Sean, said it was unfair that while the police and state bodies received public funds, they had to go through a humiliating process to gain access to a lawyer. Sean Rigg, 40, died in Brixton police station, south London, in 2008.

The IPCC had initially cleared police after an investigation now admitted to be flawed. But an inquest jury found police actions contributed to Rigg’s death and officers failed to uphold the detained man’s basic rights.

His sister said: “While the police and two other state bodies received automatic funding out of the public purse, we had to go through an extremely intrusive legal aid process which included the incomes of all of Sean’s siblings, their partners, and our mother.

“This is unacceptable as it can mean families, who simply want to find out what has happened to their loved one, are not on a level playing field with state bodies.”

The home secretary wrote that the issue was “an important and longstanding concern to families who want answers”.

In February, the high court said government funding was too limited after a legal challenge brought by another bereaved family.

In her letter, May said: “We will look sympathetically at the implications of this ruling, and my officials will be holding discussions with the Ministry of Justice to see if we can make real progress on this issue.”

There has been no inquest in the Lewis case. The IPCC investigation initially cleared officers over his death in 2010, but has scrapped its conclusions and started a fresh inquiry.



In her letter May wrote: “It is clearly unsatisfactory that families should have to go to court to quash an IPCC report in order to secure a second investigation into the death of a loved one.”

Ajibola Lewis, the mother of Olaseni , said: “We have been victimised rather than supported by the system. After all this time, we are still waiting for the IPCC investigation to be conducted properly, despite the high court quashing their first investigation nearly two years ago. As a consequence of this, more than four years later we are still waiting for an inquest into my son’s death.”

Deborah Coles, co-director of Inquest, a charity that supports families who have been affected by bereavement after deaths in custody, welcomed May’s letter.

“After decades of indifference from successive governments this letter represents important recognition of Inquest’s significant concerns about the treatment of bereaved families,” said Coles. “These include the inequality of access to justice, in particular funding, delays in the investigation and inquest process, and the repeated failure to hold the police to account for criminality or wrongdoing.”

The Ministry of Justice said: “Legal aid is available for inquests in some circumstances. Applications are considered on their individual merits by the Legal Aid Agency and are handled sensitively.”