10 NGOs submit response to Government's consultation on new immigration legal aid fees
Anti Trafficking and Labour Exploitation Unit (ATLEU) today made public its joint submission to the Government's consultation on new immigration legal aid fees.
The comprehensive 47-page submission can be accessed here. It was produced jointly with nine other NGOs: Anti-Trafficking Monitoring Group (ATMG), Anti Trafficking and Labour Exploitation Unit (ATLEU), Focus on Labour Exploitation (FLEX), Helen Bamber Foundation (HBF), Hope for Justice (HfJ), International Justice Mission UK (IJM UK), Kanlungan Filipino Consortium, The Snowdrop Project, and the Voice of Domestic Workers.
While the NGOs welcomed the sentiments expressed in the consultation that access to legal aid is an important part of a fair immigration system and ensuring access to justice, the submission highlights in detail how the current system is failing survivors of trafficking and modern slavery. The submission says the current system is in crisis.
ATLEU surveyed 86 organisations working with survivors of trafficking and modern slavery for the submission. 90% of respondents said they had struggled to find a legal aid immigration lawyer in the past year.
The anti-trafficking NGOs noted: "Trafficking and modern slavery cases are particularly complex, long-running and costly. They are very much a specialism with a specialism. Trafficking and modern slavery cases are currently not financially viable for legal aid providers. The result of this is a huge discrepancy between the demand for legal advice on trafficking and modern slavery and available supply. There are 'legal advice deserts' for victims of these crimes across the UK. The problem is particularly acute outside of London, but even within London an overwhelming gap between need and capacity or supply is reported. The end result is that victims are currently unable to get legal advice when they need it, despite it being key to their ability to secure rights and their immigration status and their recovery from exploitation."
The submission says that access to early, specialist legal advice and representation is absolutely critical for survivors of trafficking and modern slavery to secure rights, support, justice and remedy. It adds that the current crisis in legal aid has devastating consequences for those affected. 97% of respondents to ATLEU's survey said the lack of legal aid caused survivors stress, anxiety or contributed to poor mental health. 64% said it resulted in a survivor being unable to meet a deadline in their case.
The anti-trafficking NGOs say the current legal aid system is not sustainable and needs to change. In particular, the system of fixed fees is not financially viable for legal aid providers, leading to poor quality advice.
The submission explains: "The reality is that few legal aid providers can afford to do any trafficking and modern slavery cases. … The current payment structure results in very few providers developing trafficking expertise or being able to afford to run a trafficking case with the investment of time and disbursements it needs. This means that where trafficking cases are taken, many providers deliver poor quality advice, often failing to run important trafficking arguments, not spending the time to explain a victim's case properly and not incurring costs or taking the time necessary to present the right supporting evidence. Concerns about the quality of legal advice are frequently raised by support providers through ATLEU's advice line, with lawyers showing reluctance to challenge negative trafficking decisions, not running important trafficking arguments as part of the asylum claim, not helping the survivor with advice about applications for discretionary leave to remain or supporting evidence and representations to secure it, not spending the time to explain a victim's case properly and not incurring costs or taking the time necessary to present the right supporting evidence. Support providers note that lawyers are not always aware of the discretionary leave provisions available to a victim of trafficking and modern slavery, and there is a lack of specialist understanding of the rights of EEA nationals. This can result in poor outcomes for victims and an ongoing need for legal advice as victims are given negative decisions, are disbelieved and wait long periods in destitution, struggling to find advice on making a new claim."
Despite this, the Government's proposals for the new system are described as piecemeal, and the NGOs say they do not address the current difficulties.
ATLEU and the other organisations call for broader changes to legal aid funding, with a move away from fixed fees.
In concluding, the submission states: "Advice in trafficking and modern slavery cases should also be treated as a specific case that cannot be operated on a fixed fee basis. This work must be remunerated on an hourly rate basis, and an hourly rate that is sustainable: we recommend that rates of remuneration be urgently reviewed and increased for civil legal aid. This should be accompanied with the introduction of a billing system that is streamlined and more user friendly."