Source · Select Committees · Public Accounts Committee
Recommendation 14
14
Accepted
Suitability of Exceptional Case Funding for immigration cases questioned due to high costs
Recommendation
We asked MoJ whether it thought that the ECF scheme was the appropriate route for immigration cases given that LAA approves around 87% of immigration applications and that this funding is more difficult to access for claimants.35 Evidence also suggests 26 Qq 9–10 27 Q 41 28 C&AG’s Report, Figure 1 29 VMLA003, VMLA0004, VMLA0012 30 Qq 52–54 31 C&AG’s Report, para 3.12 32 C&AG’s Report, paras 2.23, 2.25, Figure 1 33 C&AG’s Report, paras 2.23–2.25, Figure 1 34 VMLA004, VMLA0012 35 Q 56 Value for Money from Legal Aid 13 that cases take longer for LAA to process, although LAA explained that calculating the additional cost of processing an ECF scheme case is challenging.36 In a subsequent letter to the Committee, LAA confirmed that it does not hold data on the time spent administering individual applications. However it estimated that an average ECF scheme case cost £203, almost six times the average cost of a standard application (£34), but only slightly higher than other complex civil applications (£197).37 On the ECF scheme, LAA told the Committee that it plans to take a more proactive stance in matching ECF applicants with providers.38 MoJ also confirmed that it was beginning some stakeholder engagement to look at whether the ECF scheme was the right route for these cases, but stated that ultimately any decision to add something back into scope of legal aid was a question of policy.39 Impact of financial eligibility thresholds on access to legal aid
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.