New Legal Aid

Dear constituent,

Thank you for contacting me about the impact of the new legal aid regulations on immigration and asylum cases.

I completely oppose the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 and supported the efforts to overturn them. However, the objection period for this statutory instrument has now expired, meaning it will remain law.

Legal aid lawyers are already struggling for financial survival, and I am concerned these reforms of fixed fees in immigration and asylum appeals may result in more pressure. I recognise the widespread sense within the legal aid sector that the new regulations have been introduced without extensive engagement or a full consultation.

The new fixed fee will be set at £627 for asylum appeals lodged online under the Regulations, instead of the current fixed fee of £227. I am concerned that many cases will exceed the value of the fixed fee but will not reach the escape fee where an hourly rate can be charged. Under the Regulations, £1,881 of work would need to be undertaken before an hourly rate can be charged. Appeals in this category are often very complex cases, including appellants who are some of the most vulnerable in our society, such as victims of trafficking.

I believe the Government needs to work constructively with legal aid providers to find a better, fairer alternative to help firms financially during the coronavirus pandemic and to ensure those who need legal aid can continue to access it.

I was concerned to see research conducted by Refugee Action in 2018 highlighted a decrease of 56%
in the number of immigration and asylum legal aid providers since 2005. The introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 reduced the availability of legal aid for many areas of immigration law and I believe this Act should be reversed, with urgent action taken to restore funds to legal aid.

As you may be aware, these Regulations came into effect on 8 June and will last for one year. The Government states that there will be a full consultation on the fee changes before they are finalised next year.

I can assure you I will monitor any developments closely and continue to work to ensure that access to justice, through legal aid, is restored to its rightful place at the heart of our justice system.

Thank you for contacting me about this important issue.

Yours sincerely,

Peter Dowd MP