legal aid: A Bleak reality
By Paul, KRAN Complex Caseworker
There is a crisis in accessing legal advice and representation for asylum claimants in the UK. Anyone with a low income or savings is theoretically entitled to legal aid for an asylum claim and until relatively recently, many claimants were able to find legal representation. This is worryingly no longer the case and those with appeals against a negative initial decision from the Home Office are particularly affected.
Why have we reached this situation? Firstly, there is a supply and demand issue. The number of legal aid contracts available for asylum cases does not nearly match existing needs - both new claims and a huge backlog of legacy cases.
Secondly, the value of legal aid contracts has declined substantially over the last decade or more. Asylum lawyers say that the money they get for representation barely covers costs. And this is when a claim is straightforward - factor in complexity and many providers argue that they can’t risk the inevitable financial loss.
The arguments and evidence needed to mount a robust appeal are often demanding. In the current climate, few providers are willing to accept a new appeal, or increasingly to represent with clients they supported with initial claims.
“Sorry, we have no capacity” is the stock response from just about every provider KRAN has approached in the last six months for representation on an appeal.
The situation for unaccompanied asylum seeking children is only slightly better. The contract value of a child asylum case is a little higher than for an adult. But when it comes to appeals, we are now seeing the same reluctance and an ever-diminishing pool of providers.
The result is that more and more asylum seekers, including children, are having claims refused largely because they cannot access legal services. And as anyone who has knowledge of the sector will attest to, good legal representation is key to success in any legal process.
Once an appeal has been missed or dismissed, the realities are bleak for many of the young people we work with. Asylum support from the government (or the local authority for someone with care leaver status) will inevitably end, so eviction from accommodation and cessation of subsistence payments follows. See these reports by Migrants Organise and Seraphus.
The newly destitute will have no right to make their situation better through lawful work, renting a room or accessing any form of public funds - except in the most extreme of cases.
Is there any light at the end of the tunnel? The government has recently reviewed legal aid payments after admitting the system was “creaking”. See here. It has proposed 10-40% uplifts to current fees and hourly rates for relevant immigration and asylum work. This will come into effect towards the end of the year. Whether this will be too little and/or too late has yet to be seen.