Source · Select Committees · Public Accounts Committee
Recommendation 12
12
Accepted
Targeted fee increases for IMA cases risk worsening broader immigration legal aid access
Recommendation
MoJ said that a shortage of immigration and asylum legal aid providers in some areas is concerning. It told us that it has taken steps to address capacity issues by increasing fees for cases related to the Illegal Migration Act 2023 (IMA) by 15% and providing additional funding to meet the cost of accreditation for new immigration asylum lawyers.30 However, the increase in fees specifically addresses an anticipated increase in demand for immigration work due to the IMA, which widened the scope of legal aid to support government’s aim of removing people swiftly if they have entered the UK illegally. MoJ has acknowledged that diverting effort to the IMA may risk exacerbating access issues for other immigration cases where MoJ has not increased fees, as providers may prioritise higher paying work.31
Government Response Summary
The LAA will monitor the number of immigration and asylum advice providers, and the MoJ will commission research into a viable methodology for monitoring demand and data collection on legal aid provider challenges; the MoJ has also taken steps to assess whether the ECF scheme is the most efficient route for immigration cases.
Government Response
Accepted
HM Government
Accepted
3. PAC conclusion: We are concerned about access to legal aid for immigration matters which often involve extremely vulnerable people, and the effectiveness of the Exceptional Case Funding (ECF) scheme for some of these cases. 3. PAC recommendation: The Ministry of Justice should set out in its Treasury Minute response: • how it plans to monitor the impact of the Illegal Migration Act 2023 on the capacity of other areas of immigration advice and how it plans to respond where evidence suggests people are unable to access advice; and • details of its plans to assess whether the Exceptional Case Funding scheme is the most efficient route for immigration cases. 3.1 The government agrees with the Committee’s recommendation. Target implementation date: Winter 2024 3.2 The LAA monitors the number of providers of immigration and asylum advice and their offices. It takes actions available to them when potential issues appear. For example, the LAA customer service team is working to support those direct applicants that may not yet have a legal aid provider to find one following a grant of Exceptional Case Funding (ECF). The government is also providing up to £1.4 million of funding for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work. 3.3 The new government has decided not to proceed with the Rwanda migration partnership, but to bring forward a new border security, asylum, and immigration Bill. Notwithstanding, as per the response to recommendation one, MoJ will seek to commission research into what might be a viable methodology for monitoring demand, as well considering how we collect data on any challenges in finding a legal aid provider. This will include immigration and asylum issues. 3.4 MoJ has taken steps to assess whether the ECF scheme is the most efficient route for immigration cases. For example, the MoJ has recently undertaken targeted, further engagement with stakeholders in the sector to better understand the experience of providers and applicants to ECF and reviewing LAA data to better understand the types of immigration cases within the cohort of ECF grants. MoJ is now carefully considering the outcome of this stakeholder engagement and data review.