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This response to the Ministry of Justice's consultation on civil legal aid draws on HBF’s experience of supporting clients in London who are represented by, or eligible for representation by, legal aid representatives for their asylum and/or immigration matters under the Standard Civil Contract. It draws and builds on our previous submission of February 2024 to the Review of Civil Legal Aid, and includes client data and testimonials from our Ambassadors for Change.

We believe access to justice should be a human right that is guaranteed; however too many charitable funds and resources are spent trying to ensure good quality legal aid representation is secured and we are seeing an increasing gap in the sector as a direct result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Recent research showed that at least 57% of applicants claiming asylum or appealing an asylum refusal before the First-Tier Tribunal are unable to access a Legal Aid representative.  

As one of the Ambassadors for Change shared:

“It is very difficult to get a Legal aid Lawyer after claiming asylum, despite the long list of lawyers given to me by [a supporting organisation]. I had a list of more than 50 phone numbers, but I couldn't find a lawyer—everyone was busy and had no available spots.

Some ask you to call back in six months or three months, and when you do, they tell you there are no more spots. It is sad, discouraging, stressful, and even traumatic.”

HBF welcomes the recognition of legal aid as a crucial cornerstone of the justice system and the significant increase to the rates proposed. We hope that this will represent an important first step forward in the creation of a more equitable system for all immigration and asylum clients accessing legal aid. 

This response outlines the problems we see and the key changes needed to ensure people seeking asylum and survivors of trafficking can access quality legal advice and representation. Alongside including increasing rates, this includes 

• investing in the sector to ensure providers have an understanding of providing trauma-informed care
• improving the system of complaints as part of quality control
• improving the bureaucracy around legal aid contracts, audit and billing
• bringing all immigration, asylum, citizenship and National Referral Mechanism (NRM) work within the scope of Legal Aid
• ensuring that individuals can access face to face advice where they need it.

HBF’s client group are among the most vulnerable within the immigration and asylum system – their cases often complex with overlapping legal issues. Access to good quality legal representation is critical for them to be fairly represented and legal aid is a crucial component to this. 

Click on the arrow below to read the full response.