Source · Select Committees · Women and Equalities Committee
Recommendation 10
10
Rejected
Paragraph: 81
Lack of expert legal representation for complex asylum claims causes poor decisions and appeals.
Conclusion
There is a lack of access to expert legal representation for people claiming asylum in the UK. This is particularly problematic in relation to complex claims, often involving sexual orientation or gender identity, religious belief or renunciation of belief, and sexual and gender-based violence and abuse. There is evidence that lack of legal representation during the initial claim determination phase leads to poor initial decisions and unnecessary and expensive appeals later in the process. We agree with expert witnesses that an overhaul of legal aid for these types of complex asylum cases is needed.
Government Response Summary
The government rejects the committee's suggestion that there is insufficient access to legal advice for asylum seekers, citing existing legal aid provisions and £34m spent in 2021/23. It commits to updating the Exceptional Case Funding process to ensure it is simple and accessible.
Paragraph Reference:
81
Government Response
Rejected
HM Government
Rejected
In relation to the recommendation at paragraph 81, the Government acknowledges the importance of ensuring the availability of legal aid provision for people claiming asylum in the UK. Access to justice is a fundamental right and we are committed to ensuring that everyone gets the timely support they need to navigate the justice system. We do not accept the Committee’s suggestion that there is insufficient access to legal advice and representation. Legal aid has been and will continue to be available for asylum cases, including for victims of domestic abuse and modern slavery, for separated migrant children and for immigration cases where someone is challenging a detention decision. In the year 2021/23 the MoJ spent over £34m in legal aid for asylum. Where an issue falls outside the scope of legal aid, funding may still be available through the Exceptional Case Funding (ECF) Scheme. ECF may be available where there is a risk that not providing legal aid could result in a breach of human rights under Article 2 of the European Convention on Human Rights or retained enforceable EU law. ECF applications are determined by the Legal Aid Agency on an individual basis. The Ministry of Justice and the Legal Aid Agency to update the ECF process to ensure this is as simple and easily accessible as possible.