Solicitors Regulation Authority releases report on quality of legal services for asylum seekers

The Solicitors Regulation Authority (SRA) and Legal Ombudsman released a new report last week looking at the quality of legal services for asylum seekers.

The report was written by MigrationWork CIC in partnership with Refugee Action and Asylum Research Consultancy. You can read it here.

The SRA and the Legal Ombudsman commissioned the report to assess the quality of legal advice provided to asylum seekers by solicitors. It is part of a wider SRA programme of work to better understand how the legal service market serves asylum seekers.

Research for the report involved speaking with 123 asylum seekers, an online survey of solicitors, and interviews with solicitors, community groups and representative bodies. A barrister with extensive experience in immigration and asylum casework undertook file reviews.

While the SRA says that the report found examples of good practice, it also revealed some evidence of solicitors not fully understanding relevant laws, including immigration and nationality law, family law and child law. There was also evidence pointing towards solicitors relying on interpreters who spoke the wrong language, and some who overcharged or were not clear about the cost of their services.

The research findings of the report were summed up as follows:

• The asylum legal process is not well understood by asylum seekers, community groups and representative bodies.

• The complexity of the asylum legal process makes it difficult for asylum seekers to recognise the difference between the different types of legal adviser and what protections they have through the legal regulators.

• Community groups and some community representative bodies sometimes signpost asylum seekers to poorer quality or unregulated advice.

• Questions were raised about how clients are introduced to solicitor firms and solicitors' association with interpreters.

• Asylum seekers and solicitors identified instances of a lack of knowledge relating to the specifics of an asylum seeker's case and the law underpinning it.

• Concerns were expressed about the competence of solicitors undertaking appeals.

• Solicitors sometimes lack the skills to obtain and record sufficient, relevant information from asylum seekers.

Meanwhile, section 6 of the report identified the following key findings on what constitutes good practice for legal representatives:

• Asylum seekers identified five core behaviours they expect their legal representative to exhibit. Taking the time to explain the legal process and listen to the background to their case; Communicate clearly and frequently regarding the progress of their case; Demonstrate commitment and respect; Be honest about the prospects for their case, even if the news is not positive; and show a detailed understanding of the law surrounding their case and the specifics of their case;

• Good solicitor practices, identified via consultations and case reviews included the following:

- Treating clients as individuals;

- Take detailed instructions and drawing up detailed statements: Taking instructions and gathering as much evidence as possible early in the process, was considered important to the future progression of and likely success of the case. Emphasis was placed on taking detailed statements during the first meeting, particularly if the vulnerability of the asylum seeker was high;

- Related to the above, front loading the case to obtain evidence prior to substantive interview was considered a success factor, but this practice is restricted by the fixed fee of £413 available for Legal Aid cases;

- Allowing asylum seekers to check documentation and evidence to avoid the presence of discrepancies later in the process;

- Working with support agencies: The ability of asylum seekers to use legal advice services can be hampered by other unmet needs. Case file reviews identified examples of solicitors engaging with medical specialists, accommodation providers, counsellors, social workers, police and criminal solicitors;

Paul Philip, SRA Chief Executive, said: "We act in the public interest and, as part of that, we need to consider how solicitors and law firms are serving vulnerable people. This initial report has identified much good practice, but also some concerns that need addressing.

"In response to this study and additional evidence, we are now investigating some firms.

"This is a sensitive and complex area of law and we need to better understand how it is working in practice, and that is why it is right to commit to an in-depth study. Asylum seekers requiring legal advice and support are particularly vulnerable and may be fleeing torture, imprisonment and death. The consequences of getting it wrong can be tragic and we will work with other organisations and law firms themselves to tackle any issues and to help improve the services they offer."

Following the release of the report, the SRA says that it will move on to conducting an in-depth, thematic review to explore further the issues the report highlighted and identify any regulatory measures which might be needed.