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Solicitors Regulation Authority reviews asylum law firms, finds "broadly positive" picture

Summary

SRA releases findings into 52 firms with the highest turnover of immigration work, issues guidance note in relation to judicial reviews

By EIN
Date of Publication:
09 December 2016

The Solicitors Regulation Authority (SRA) has carried out an in-depth review of law firms working for asylum seekers.

The 71-page report, examining the 52 firms with the highest turnover of immigration work, can be read here.

Overall, the SRA found a "broadly positive" picture, with many examples of good work and solicitors generally meeting the expected standards.

The report says: "The vast majority of … firms have demonstrated that they appreciate the potential vulnerability of their clients and many have shown dedication to supporting their clients. This support often extends to providing guidance and advice beyond the expected legal service, often without charge."

Good practices identified by the SRA included:

  • providing face-to-face meetings to explain advice letters and correspondence from the Home Office
  • using client care letters to set out clear standards and expectations of service
  • keeping clients updated on the progress of their case
  • writing letters detailing the content of meetings to make sure asylum clients understood and had records of all conversations

Yet the SRA also found examples of poor practice such as:

  • lack of clarity on costs
  • an over-reliance on process or pro-formas
  • the use of unsuitable interpreters

The SRA said it found that some firms lacked experience in carrying out appeals, leading to poorly constructed and evidenced submissions.

Firms were also asked about their judicial review work, with the SRA noting the number of applications were rising, as were the number of those application found to be Totally Without Merit (TWM).

"The subject of TWM decisions was an emotive topic for those we interviewed and some were concerned that the Home Office was trying to limit their ability to challenge decisions," the report noted.

The findings led to the SRA issuing a guidance note in relation to judicial reviews, which you can read here.

Paul Philip, SRA Chief Executive, said: "Asylum seekers can be some of the most vulnerable of clients. They can have complex and sensitive needs. They could be fleeing torture or imprisonment and the consequences of the wrong legal advice could be tragic.

"Given this potential vulnerability of asylum seekers, it is important that we make sure they are receiving a high standard of legal services. We found that generally solicitors are meeting the expected standards. It was also encouraging to see many examples of firms going above and beyond to meet their client's needs.

"Yet there are still areas where things could be better. We hope our report and guidance will help firms address those concerns and improve. We will take robust action where necessary and will be monitoring overall progress closely."