Survey by Bail for Immigration Detainees finds 85% of respondents did not have legal representation
Bail for Immigration Detainees (BID) last week published its latest Prison Legal Advice Survey, raising ongoing concerns about the lack of legal representation for individuals held under immigration powers in UK prisons.
Image credit: WikipediaYou can download the 18-page report here.
BID's report is based on surveys distributed to 110 individuals detained in 12 different prisons across the UK. Of the 21 responses received, a significant majority (85%) reported that they did not have legal representation for their immigration case, underscoring the ongoing barriers to accessing justice faced by detainees in prisons. Respondents reported difficulties in contacting solicitors and delays in accessing legal aid. Several respondents said they, or their friends and families, had unsuccessfully tried to obtain representation.
A key issue highlighted in the report is the disparity in legal support between immigration detainees held in prisons and those in Immigration Removal Centres (IRCs). While detainees in IRCs have access to free legal advice under the Detention Duty Advice (DDA) scheme, those in prisons have historically lacked equivalent access. In response to a 2021 High Court ruling, the government introduced the Telephone Legal Advice Scheme (TLAS), aimed at addressing this gap. However, BID's survey indicates that 71% of respondents had not received the 30 minutes of free legal advice promised under TLAS.
BID argues that the TLAS falls short of providing adequate legal support, with individuals facing barriers and delays in getting their required PIN codes approved, obtaining updated lists of numbers to call, and getting lawyers' numbers approved.
Unlike IRC detainees, those held in prisons rarely receive in-person visits from solicitors, creating additional hurdles obtaining immigration legal advice. The report states: "In person trips are costly to the lawyers themselves, compounded by the fact LAA will not fund potential casework unless there is a 50% chance of success. As such, people held in prisons under immigration powers (and those faced with immigration matters while serving a criminal sentence) continue to be disadvantaged by the lack of potential in-person visits to discuss their immigration case."
BID says the problems obtaining immigration advice are especially concerning for those who are served deportation orders during their criminal sentence, as it is imperative that potential deportation orders are accompanied by opportunities for individuals to seek advice and representation.
The report emphasises: "Delaying such access until after individuals have finished their criminal sentences and are detained under immigration powers not only often creates unnecessary distress and injustice for the individuals concerned but also leads to further delays and additional legal costs further down the line. As individuals contest their cases as deportation becomes a more distinct prospect. The failure to enable proper advice at the outset leads to requests for extensions of time, late claims, fresh claims and, applications for the revocation of deportation orders that have been served upon individuals. Additional legal arguments arise with out of time appeals and challenges to the certification of cases. All in turn compounding the distress, sense of injustice, delays and, the costs caused by the failure to provide advice at the outset when a deportation matter was initially raised."
BID campaigns for an end to immigration detention in the UK and believes detention in prison must be ended as a priority. It argues that the use of the prison estate as a component of detention effectively punishes people after they have completed their criminal sentences, solely because they are not British.
According to BID, its latest report serves as further evidence as to the inappropriate use of prisons for the purpose of immigration detention. The findings highlight the urgent need for reform, as individuals detained under immigration powers continue to face significant challenges in securing the legal support necessary to navigate the complex immigration system.
BID makes several recommendations to improve detainees' access to legal advice. These include expanding the provision of legal advice in prisons to match that available in IRCs, restoring legal aid that was cut under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and ensuring that detainees receive timely access to legal representation upon detention. Additionally, the report urges the government to address the delays in providing telephone legal advice and calls for greater awareness among prison staff and detainees regarding the legal processes for individuals held under immigration powers.