Education

Lord Chancellor settles challenge to immigration and asylum legal aid rates

Published on September 27, 2024

In an order sealed two days ago, the Lord Chancellor has settled the judicial review brought by Duncan Lewis on 10 June 2024, challenging the ongoing failure to increase rates payable for Controlled Work in immigration and asylum (i.e. for work done at application stage and appeals to the tribunal).

The Acknowledgement of Service was filed on 4 July 2024 along with an extension of time for the Lord Chancellor to file the summary grounds of defence on 31 July 2024, 4 July being the date of the general election and it being clear that the government was about to be replaced. On 31 July 2024 the new Lord Chancellor asked for a stay on the claim until 30 September 2024.

This was refused, with Chamberlain J concluding that “[o]n the information in the Statement of Facts and Grounds, the challenged conduct is causing injustice to asylum seekers who cannot secure representation”. An extension of time for the summary grounds of defence was granted until 20 September 2024. This seems to have focussed minds on the government’s side, as the claim was then settled.

The Lord Chancellor has agreed to make a decision by the end of November 2024 as to whether or not the fees will be increased and to what extent. A consultation on that decision will then take place within eight weeks (so if it isn’t enough of an increase then everyone can have their say). The Lord Chancellor agreed to then take steps towards lay the necessary statutory instrument and implementing any changes with reasonable promptness.

In their press release, Duncan Lewis points out that there has been a “48% real-terms cut in rates for Controlled Immigration Work since 1996” and a substantial increase is overdue and required. This is particularly the case if the government wants to see appeals being handled more effectively in the tribunal, where representation is currently lacking due to the legal aid crisis.

You know I love a bit of sectoral collaboration, so a huge well done to everyone who put so much work into this:

The Claim was supported by evidence from across the immigration legal aid sector including: the witness evidence provided in support of the Claim from Wilsons LLP, Care4Calais, and Women Against Rape; responses from Manuel Bravo Project, South London Refugee Association, Refugee Action, SOAS Detainee Support, West London Welcome, Care4Calais, and Migrants Organise and 30 providers of immigration and asylum controlled work to a survey conducted by Duncan Lewis; the overwhelming evidence from the sector in response to successive consultations and calls for evidence on legal aid including the Law Society, Immigration Law Practitioner’s Association, Legal Aid Practitioners Group, Refugee Action, Coram Children’s Legal Centre, Dr Jo Wilding, Justice Together, the Refugee Council, the Westminster Commission, the Anti-Trafficking and Labour Exploitation Unit, Young Legal Aid Lawyers, Public Law Project, Haringey Migrant Support Centre, Bail for Immigration Detainees, Helen Bamber Foundation, and the British Red Cross; and reports from reputable organisations such as the National Audit Office, the Justice and Public Accounts House of Commons Select Committees, and the UN Human Rights Committee.

In particular, congratulations to the legal team of Toufique Hossain, Jeremy Bloom, Nina Kamp and Elizabeth Cole at Duncan Lewis Solicitors, and Chris Buttler KC, Eleanor Mitchell and Jack Boswell at Matrix Chambers.

This isn’t the end of the battle, but it is finally starting to feel as though it may be in sight.