Snapshot report by Welsh think tank highlights 60% reduction in immigration legal aid provision since 2018
A brief snapshot report published last week by the Bevan Foundation think tank shows starkly how large numbers of migrants and asylum seekers in Wales are unable to access justice. Immigration legal aid services are at "the point of collapse" and there is limited provision for non-legal aid cases.
Image credit: UK GovernmentThe 5-page report is here.
It provides an overview of current immigration legal provision in Wales, illustrating a steep decline since the last civil legal aid contracts began in 2018.
The Bevan Foundation noted: "The number of legal aid providers and offices in Wales has dropped steeply, from 13 offices and 9 providers in September 2018, to only five providers today, operating 6 offices between them. This represents a 60% reduction in legal aid provision points for people needing access to immigration justice in Wales."
There is a large legal aid deficit in Wales, meaning people with cases clearly within scope for legal aid are unable to find legal representation, In addition, there is a declining number of new matter starts.
The report highlights: "Ministry of Justice figures show a steep decline in matter starts opened in Wales since the last financial year, with a 40 percent drop since 2022-3. An increase in new applications following a sharp drop during the Covid-19 pandemic may be a contributor, but the loss of providers, including one of Wales' largest providers, is a major cause. The decline is entrenched and long-term. Since 2015-15, there has been a 55% drop in immigration legal aid matter starts in Wales. The drop since 2010-11 is 80%."
According to the report, there are six organisations providing Office of the Immigration Services Commissioner (OISC) regulated services in Wales, of which only two operate above OISC Level 1.
The Bevan Foundation added: "Only Asylum Justice offers casework to a broad cohort, focusing on refugees and 'vulnerable' migrants (i.e. those in most challenging circumstances). This makes Asylum Justice unique in Wales: it offers a range of casework and representation at the highest level (OISC Level 3), free of charge, to migrants of all backgrounds. There is a huge demand for Asylum Justice's services."
For more information on the serious decline of legal aid for immigration and asylum in Wales, see the Bevan Foundation's comprehensive 47-page report from September 2023 available here.
It details the scale of the problem and makes a number of recommendations to protect immigration legal aid services in Wales.
In the report's conclusion, the Bevan Foundation stated: "The scale of withdrawal from immigration legal aid in Wales is alarming. The impact of recent losses on matter starts is unlikely to be seen immediately, but on the ground the effects are already apparent. A capacity crisis is closing the doors of legal aid providers and regulated advisors in the third sector to new referrals. Indications are that more providers are struggling to sustain business under the legal aid scheme in its current form and there are indications that Wales may sustain further losses.
"Simultaneously, at a point when provision is at its lowest in Wales and large numbers of people cannot access immigration legal advice and representation, Home Office primary decision-making has suddenly accelerated and looks set to increase. Impacts on providers of immigration legal services, local authorities, and frontline services are severe and there are serious and life-changing implications for people in need of legal services."
Among the report's recommendations to address the problem is for the Welsh Government to introduce a crisis fund as an interim measure to support providers of immigration and asylum legal services in Wales. The Welsh Government is encouraged to support training and the development of existing and new immigration legal services across the country.
The Bevan Foundation also called on the Welsh Government and local authorities to improve funding for support services for at-risk groups, including migrants with no recourse to public funds, undocumented migrants, and destitute asylum seekers.