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10 November 2021
Issue: 7956 / Categories: Legal News , Legal aid focus , Immigration & asylum
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Legal aid maladministration

The Legal Aid Agency (LAA) blocked three people who were sleeping rough from challenging deportation orders, the Parliamentary and Health Service Ombudsman (PHSO) has found
The three people, EU nationals living in the UK at the time, were served with deportation orders for not exercising their EU Treaty rights (a Home Office policy requirement at the time).

The three were represented by law centres (Public Interest Law Unit and, now closed, Lambeth Law Centre), which applied to the LAA for funding in 2017. According to the PHSO report, published last week, however, the LAA delayed its response, which resulted in the law centres self-funding the trio’s judicial review against what they claimed was an unlawful policy.

By the time the LAA provided the funding, one of the clients was detained and had their passport removed. Moreover, the LAA was only able to provide funding from the day of the decision to grant it, which meant the full cost of the legal challenges was not covered.

The law centres won the judicial review, R (Gureckis) v Home Secretary [2017] EWHC 3298 (Admin).

The PHSO found the LAA’s decision-making processes were unfair to applicants and stated its delays were unreasonable as it put applicants in a more vulnerable position. The LAA provided the funding after seven weeks for one applicant, 13 weeks for the second and six weeks for the third.

The PHSO recommended the LAA apologise to the law centres, pay the outstanding costs of about £50,000 and ensure it provided fair outcomes in the future.

The regulations on backdating of legal aid certificates changed in 2019.

Julie Bishop, director of the Law Centres Network, said: ‘This is not an isolated incident: many law centres and other legal aid providers face delayed decisions by LAA.

‘In some cases, we as a membership body are called upon to help get the law centre clarity with mere hours before a case is due to be heard in court. In our experience, these problems stem from a working culture within the LAA, and have nothing to do with protecting the public purse. In effect, it restricts access to legal aid.’

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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