Recommendation 14

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