THE PROPOSED CHANGES TO LEGAL AID AND WHAT THEY COULD MEAN FOR MIGRANTS ACCESS TO JUSTICE

Similar documents
Update to cuts/changes to legal aid for immigration advice:

INFORMATION NOTE. Free legal advice services in England and Wales

FREE LEGAL SERVICES FIND OUT MORE AT LSESU.COM

Refugee Council and Refugee Action joint response to:

Implementing reforms to civil legal aid

YOUNG LEGAL AID LAWYERS LEGAL AID AN INTRODUCTION SEPTEMBER 2012

Housing options for single parents

Access to legal advice for dispersed asylum seekers

CONSULTATION RESPONSE BY THOMPSONS SOLICITORS SCOTLAND

ILPA response to Inquiry into Asylum Support for Children and Young People

Appendix 28: Legal aid (See Article 15)

A GUIDE TO FAMILY LAW LEGAL AID

It is important that you apply for asylum as soon as you enter the UK and that you seek legal advice as soon as possible.

Care Programme Approach (CPA)

Voluntary Sector guidance for triaging clients with tax problems

Describe the Different Methods of Alternative Dispute Resolution Available to do with Civil Courts.

The University of Strathclyde Law Clinic

What is the problem under consideration? Why is government intervention necessary?

LEGAL AID PRACTITIONERS GROUP

The rights of women seeking asylum: a charter

Are you a child who has come to the UK from another country?

Asylum Advice Post Decisions Refusal

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Families Need Fathers Scotland

CB7. Guide for separated parents: children and the family courts. Help with deciding what should happen with your children

A GUIDE TO CRIMINAL INJURIES COMPENSATION

Citizens Advice proposals to the. Government. Using the Spending Review to make life simpler and fairer for people

Regulation of immigration advice and services

Finding and choosing a mediator

ASYLUM SEEKERS & REFUGEES

Keys to the Gateway: An Independent Review of the Mandatory Civil Legal Advice Gateway

Advice and legal services in the London Borough of Newham

Skills Gaps and Career Progressions in the Legal Advice Sector

Rethink the mental health act. essential information for parents and carers

Family law. Providing intelligent legal solutions Providing intelligent legal solutions Providing intelligent legal solutions

What issues can be resolved in mediation? What is mediation?

Bar Standards Board: Public Access Rules consultation

HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS

Getting legal advice. Factsheet 43 July About this factsheet

Claims Management Regulation. Who Needs to be Authorised Guidance Note

Civil Legal Aid- the Secret Legal Service?

How to Identify Outcomes From Advice

Not-for-Profit Advice Services in England

Funding Guidelines

Supervise the MOSAIC legal practice Advocate for access to services Advise pro-bono lawyers on legal issues Join a dynamic and growing organisation

Claiming income support and other benefits

December 2009 HOMELESS? This leaflet explains what happens if you make a homeless application and the rules we use.

Access to HIV Treatment and Care in the UK

Welfare reform- overview of debt, money and advice services. Bob Cronk Head of neighbourhood services

Legal services. A branch guide to what we offer

Your Human Rights A guide for refugees and asylum seekers

ILPA RESPONSE TO CONSULTATION: REFUSING ENTRY OR STAY TO NHS DEBTORS

York Citizens Advice Bureau How did our advice help you?

1. Outline the qualifications and training required to become a barrister and solicitor, and describe the work each profession carries out.

Croydon Housing Service Information Sheet 12

LEGAL PROFESSION BILL REFERENCE GROUP FIRST MEETING 8 OCTOBER 2008 DEFINITION OF REGULATED LEGAL SERVICES

Care Programme Approach (CPA)

Shelter Scotland response to the Scottish Government consultation on the Courts Reform (Scotland) Bill

Equality between women and men

Investing in Communities programme. Peter Devlin and Kathleen Little

Spousal Support: What You Need to Know

Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment

2. Contribution to fairness agenda

In its Explanatory Memorandum to the Committee, the Department for Work and Pensions states that:

Fixed Price Divorce Solutions. Peace of mind at a price you can afford!

Social Care Jargon Buster. 52 of the most commonly used social care words and phrases and what they mean

INFORMATION NOTE. Free legal advice services in Scotland

Holiday Illness. Personal Legal Services

How Acas can help. Early Conciliation explained

Housing Solicitor BACKGROUND TO POST:

The Business Services Association 130 Fleet Street, London. EC4A 2BH. BSA The Business Services Association. Policy paper - Immigration Services

MODEL PROTOCOL. On Services for Limited English Proficient Immigrant and Refugee Victims of Domestic Violence

5 Advice and Legal Services in Oldham

Transforming legal aid: delivering a more credible and efficient system Consultation Paper CP14/2013

INQUIRY INTO OPPORTUNITIES TO CONSOLIDATE

Protection from discrimination, harassment and victimisation when you re self-employed

Taxes are dealt with and collected by HM Revenue and Customs (HMRC). There are different types of tax, which include those listed below.

How is the Human Rights Act relevant to people with learning disabilities?

Legal help: where to go and how to pay

WE HAVE A 95% SUCCESS RATE FOR Getting Our Clients Their Visa!

Plan for Growth: Promoting the UK s Legal Services Sector

Simpson Millar LLP working with the South Yorkshire Police Federation

Wills & Inheritance in Greece. Wills & Probate. Other Legal Services. Property Law. Business Law

There are other sections that may be used to detain the patient without consent, which are described in later sections of this booklet.

Work and cancer legal and finances

What to do if you are facing mortgage repossession in Scotland

Any job offer is subject to DBS approval, undertaking child protection training and satisfactory references.

[This response is published on XX Month 201X]

For people who want to take a dispute to court

In March 2010 the Ministry of Justice published a research paper entitled:

LEGAL FUNDING. Copyright. In this lesson. Access to Justice

Managing and removing foreign national offenders

SCOTTISH GOVERNMENT SPENDING REVIEW AND WHITE PAPER ON LEGAL AID REFORM

DEFERRED PAYMENT AGREEMENT. Information Pack for our service users and their families or representatives

Family Law Fact Sheet

FIXED FEE DIVORCE AND FAMILY LAW SERVICES

With you every step of the way

Individual Application Form

Section 4 Support for Refused Somali Asylum Seekers

How do I complain about the service I get from the Child Support Agency? Information and guidance

SUBMISSION TO THE AMERICAN BAR ASSOCIATION COMMISSION ON THE FUTURE OF LEGAL SERVICES

Transcription:

THE PROPOSED CHANGES TO LEGAL AID AND WHAT THEY COULD MEAN FOR MIGRANTS ACCESS TO JUSTICE Summary March 2011 The Ministry of Justice has plans to substantially cut Legal aid, the public funding that aims to ensure that everybody can have access to legal advice and representation. Under these proposals, the vast majority immigration cases that are not asylum related will be ineligible for Legal Aid funding, as will be other areas of law such as employment, housing and family law. If these proposals go ahead, the changes will have a significant impact on migrants and asylum seekers who need advice and on the groups and organisations that support them. This briefing outlines the impact that the proposed changes could have on migrants, asylum seekers and the community organisations supporting them and provides recommendations on what people can do to oppose the changes. What is Legal Aid? Legal aid is funding provided by the government to give access to legal advice and representation to individuals who cannot afford it. Although reforms in recent years have had an impact on provision, Legal aid continues to ensure that all people in the UK can have access to justice on a broad range of issues. Legal aid funds different types of advice and representation, including: initial advice and assistance with legal problems a solicitor who can speak on someone s behalf at court hearings without formally representing them help and advice on family disputes, including assistance with family mediation legal representation in court proceedings. Eligibility for legal aid depends on different criteria, including the type of case and the financial circumstances of a client. Legal aid advice and representation are offered by providers who hold contracts with the Legal Services Commission, the body which manages the legal aid budget. Contract holders include solicitors firms and not-for-profit legal advice centres including many Community Law Centres and Citizens Advice Bureaux. Legal aid funds a wide variety of cases in different areas of law. One of the areas funded is immigration and asylum cases. Other important areas of law for people who receive legal aid funding include employment, education, family, and housing issues.

Why is accessing good advice important for migrants? Immigration and asylum law is complex and advice in this area can only be provided by regulated advisors. Migrants with scarce resources often depend on legal aid to receive advice on issues around their immigration process. Legal aid is vital for migrants and asylum seekers to be able to challenge poor decisions made by the UK Border Agency. Immigration and asylum appeals suggest that there are grounds to challenge a significant proportion of negative decisions by UKBA in court. Legal advice is important to ensure that migrants have this option available. In 2009, 37% of appeals regarding Home Office immigration and asylum decisions were allowed. Depending on the type of case, the success rate can be significantly higher: 47% of in-country non-asylum immigration appeals, for example, were successful in the same year. For migrants, as for the rest of the population, it is also important to have access to good quality advice and representation on issues such as employment, education and housing. Advice can often lead to solving problems without having to go to court. There is evidence that people who access advice from the type of organisations that have legal aid contracts are more likely to solve their cases through out-of-court agreements including mediation 1, and that good advice often leads to improvements in health and stress levels, especially around housing issues 2. There is evidence that timely advice and good representation leads to savings for the state because costs associated to avoidable civil justice problems can be prevented. Citizens Advice has calculated that for every 1 of legal aid expenditure the state potentially saves 8.80 on benefits advice, 2.34 on housing advice, 2.98 on debt advice, and 7.13 on benefits advice 3. Therefore, not only is Legal Aid important to ensure that everybody can access justice but it can also save money by providing good quality early intervention. What is the role of MRCOs in helping migrants, refugees and asylum seekers access Legal Aid? Migrants, asylum seekers and refugees face specific challenges when trying to solve issues arising in their lives, some of which may require advice and representation. These challenges can include: Lack of proficiency in English. Lack of knowledge of legal and administrative systems and procedures in the UK. Previous experience with different, in some cases dysfunctional legal systems from their countries of origin. 1 Bradley, Laura, 2011, Cutting Legal Aid: advice sources and outcomes in civil justice, the Strategic Society Centre, http://haec-clients-public.s3.amazonaws.com/ssc/pdfs/2011/02/25/cutting_legal_aid_- _Advice_sources_and_outcomes_in_civil_justice.pdf 2 Ibid. 3 Citizens Advice, 2010, Towards a business case for legal aid, http://www.citizensadvice.org.uk/towards_a_business_case_for_legal_aid.pdf

Restrictions in rights and entitlement due to immigration status which can complicate non-immigration matters for migrants and asylum seekers. For many migrants, asylum seekers and refugees the first point of contact when in need of help is migrant and refugee community groups or organisations (MRCOs). These groups provide a wide range of services including general and specialist advice and signposting. They are often run with little or no funding by committed individuals and are highly reliant on volunteers. When cases are relatively straightforward, MRCOs often support their clients directly. Interventions by MRCOs often go beyond advice and guidance, including social and emotional support. Many migrants trust MRCOs because they share a common language and culture and because they build strong relationships between advisor and client. MRCOs work together with specialist providers, either from the third sector or solicitors firms, when clients need specialist advice or representation. Arrangements between MRCOs and specialist providers range from partnerships to referrals to signposting. The ability of MRCOs to deal with the cases of poorer clients that need specialist help often depends on the eligibility of clients for legal aid and on finding a legal aid funded provider who will take the case. Some areas of work such as family disputes and immigration appeals are almost wholly dependent on working together with legal aid providers. MRCOs often have strong relationships with specific providers. MRCOs report that at present they are already finding it increasingly difficult to identify specialist providers willing to take on cases. In some areas of London there are few providers in specific areas of law and providers are often unable to take new cases because of high demand. A joint report between the Information Centre on Asylum and Refugees, Refugee and Migrant Justice, Asylum Aid and the Immigration Advisory Service in 2010 found that the current payment structure incentivises providers of advice and representation for immigration and asylum to take on cases that are simple and quick at the expense of more complicated cases 4. These organisations also report that some firms have stopped providing asylum and immigration advice due to the current fee structure 5. The current operation of Legal Aid therefore already presents challenges for migrants and asylum seekers and the organisations that support them. What are the proposals to reform Legal Aid? The Ministry of Justice published in November 2010 its proposals to reform legal aid in England and Wales and launched a consultation on the proposals which closed in February 2011 6. The Minister of Justice believes that there is a need for reform because, in its view: 4 Gibbs, Julie, 2010, Justice at Risk: quality and value for money in asylum legal aid, ICAR. http://www.asylumaid.org.uk/data/files/publications/135/justice_at_risk.pdf 5 Ibid. 6 MRN and MRCF responded to the consultation. The responses can be found on: http:///files/publications/mrn-legal_aid_february_2011.pdf and http://www.mrcf.org.uk/wp-content/uploads/mrcf-response-to-legal-aid-cuts-final-1.pdf

a) Legal Aid funds unnecessary litigation because it has expanded too much and covers too many areas, encouraging people to seek out lawyers to resolve their problems instead of looking for alternatives solutions. b) There is a need to find savings due to the Government s commitment to reduce the fiscal deficit. The Ministry of Justice proposals include: a) Significantly reducing the types of cases that would be eligible for advice/representation funded by legal aid. b) Changing the eligibility criteria for clients, making less people eligible for full funding and introducing contributions by clients according to their personal conditions. c) Reducing payments to legal aid providers. d) Introducing a telephone helpline through which access to all legal aid advice will be processed. The issues that under the proposals would not be funded by legal aid include: Debt advice, except when a home is at immediate risk All education law advice Employment law advice, except for cases of discrimination Family law, except in cases of domestic violence Housing law, except when risk of homelessness or serious disrepair threatening health Immigration, except when someone is detained or fleeing torture, persecution or seeking asylum. Under the proposals, all access to legal aid funded advice would be through a telephone helpline instead of face-to-face appointments. Telephone operators would assess eligibility and then transfer eligible clients to advisers who would in turn assess whether face to face advice is required. Phone calls would be charged at normal rates but if payment were an issue the helpline would offer a call back service. If implemented, the reforms are expected to deliver savings of 350 million in 2014-2015. The Ministry s impact assessment estimates that between 455,000 and 505,000 people might no longer receive legal aid support 7. The Legal Aid Group disputes this figure and, using more recent data, calculates that the number of people excluded could be as high as 650,000 8. The Ministry of Justice argues that the effects of the proposals will be mitigated by: more cases being resolved out of court; more cases being taken on by the voluntary sector; more specialised advice being provided on a pro-bono basis by solicitors; and more individuals representing themselves in court. 7 Impact Assessment: Cumulative Legal Aid Reform Proposals, p10, http://www.justice.gov.uk/consultations/docs/legalaidiacumulative.pdf 8 Legal Aid Group, 2011, The real impact of legal aid advice cuts, http://www.lag.org.uk/files/93658/filename/therealimpactoflegalaidadvicecuts.pdf

What would be the impact of the reforms on the migrants, asylum seekers and MRCOs? If they go ahead, the legal aid reforms would have significant implications for the ability of migrants and asylum seekers from poorer backgrounds to find good legal advice in order to access the justice system. Non-asylum migrants would be particularly affected by the exclusion of all non-detention cases from legal aid. Asylum seekers would be affected by the exclusion of asylum support cases. Just like other sectors of society, migrants and asylum seekers from poorer backgrounds would find it more difficult to solve a wide range of issues, but due to language issues and lack of knowledge of the judicial system, migrants would find it more difficult to seek alternatives such as self representation at court. For MRCOs the proposed changes would also bring significant challenges. The sector is already under pressure from shifts in funding for the voluntary sector and cuts in the public sector 9. Some MRCOs have closed their doors and others are seeing their services being cut. Many others are already unable to respond to the demand for their services. MRCOs therefore have little or no extra capacity to serve a larger number of clients if some of the migrants and refugees who access legal aid providers were to turn to them in the future. The ability of MRCOs to offer help to clients with a need for specialist advice or representation would also be restricted as current partnership, referral and signposting arrangements would either no longer be available or would work on a pro-bono basis and would therefore be subject to the goodwill of legal practitioners. What can we do to oppose these proposals? A very large number of organisations and individuals, from different sectors responded to the Ministry of Justice consultation and a response should be published in spring 2011. Some of the changes will have to be approved by parliament so you can get in touch with your MP to express your concerns about these legal aid proposals and the effects they may have on you or the people you work with. A group of charities, trade unions, community groups, legal advice agencies and individuals have set up Justice for All, a campaign opposing the changes. Adding your name to this campaign would indicate that you oppose the MoJ reforms to the legal aid system. 9 D Angelo, Alessio, Erin Sanders and Ranmal Burkmar, 2010, Migrant and minority community organisations: funding, sustainability and ways forward, MODA/Middlesex University, http://www.tsrc.ac.uk/linkclick.aspx?fileticket=2viv0ewczy8%3d&tabid=589