Rates of pay for immigration and asylum legal aid work have not increased since 1996. Providers of legal aid cannot afford to do crucial work on asylum claims and appeals any longer as they suffer financial losses for every case that they take on. As a result, vulnerable people cannot find lawyers to represent them. Help us address this crisis by forcing the Lord Chancellor to raise rates of pay or find some other way to fix the crisis now.

Further information

On 7 June 2024, Duncan Lewis Solicitors filed a judicial review claim in the High Court to try to force the Lord Chancellor to address the legal aid crisis in immigration and asylum. The case was covered in the Law Society Gazette and the Guardian.

The rates of pay for immigration and asylum legal aid, and particularly for the kind of work which covers vital work on asylum claims and appeals, has caused an access to justice crisis. Many of the most vulnerable in our society – including unaccompanied asylum-seeking children, victims of domestic and sexual violence, and victims of torture and trafficking – cannot find a lawyer to take on their asylum or immigration matter for many months, or indeed at all, despite being entitled to legal aid. As a result, increasing numbers of people are going through key stages of the process without representation, seriously harming their ability to make their case and to access the protection they need. 

Providers of legal aid and NGOs working in the sector have responded to countless consultations setting out the problem with rates of pay and its devastating consequences. Over the years, reputable bodies including the National Audit Office, the House of Commons Justice Committee, the House of Commons Public Accounts Committee, and the UN Human Rights Committee have all recommended that the Lord Chancellor raise rates in order to help resolve the issue – to no avail. 

The Lord Chancellor has ignored the evidence for too long. He is failing to fulfil his statutory duty to secure legal aid for those who are eligible for it. Because he denies the existence of the crisis in front of him, he is also failing to respond to it rationally.

The Lord Chancellor started a review of civil legal aid in January 2023, but that won’t report back until the summer – and even then he plans to run another consultation before any decisions are made. Meanwhile, he has made no commitment to increasing rates and has no other plan for resolving the urgent issues we and others have identified time and time again. Yet another review is too little too late. Action needs to be taken urgently, otherwise those who need it the most will continue to be unable to find lawyers. 

Who we are

Duncan Lewis Solicitors is one of the largest providers of civil legal aid in the UK. We have a strong commitment to providing effective advice and representation for asylum-seekers and victims of trafficking. 

It is heart-breaking for us, but over the last three years we have had to make massive reductions in the number of immigration and asylum legal aid cases we take on – as the costs to us of doing this work are greater than what the Lord Chancellor pays us to do it. Evidence from other providers and NGOs shows that we are far from alone in this.

Legal aid will never be wildly profitable, and that’s ok. But providers of legal aid cannot continue taking on work that causes financial losses. It is not sustainable, and the losers are the people who need representation.

Our counsel team instructed on this case is Chris Buttler KC, Eleanor Mitchell and Jack Boswell at Matrix Chambers.

Next steps

On 7 June 2024, we filed a judicial review claim in the Administrative Court challenging the Lord Chancellor’s failure either to raise rates for the kind of legal which covers asylum claims and appeals, or to take any other action capable of resolving the crisis in front of him. The Lord Chancellor now has to respond to the claim and the Court will decide on whether we have permission to bring it. If the Court gives permission, we will proceed to a final hearing where the Court will decide whether the Lord Chancellor has breached his duty to secure access to legal aid or other important legal duties relevant to the case.

Initial target

We are bringing this claim for the benefit of those who need legal aid but can’t get it, but we are taking a huge risk in doing so. We need to raise funds to protect us in case we are unsuccessful and the Court orders us to pay the legal costs of the Lord Chancellor, and to help pay for part of our own legal costs. 

Our initial target for funding is £5,000.  This will hopefully  help to cover any costs that we might be ordered to pay the Lord Chancellor up until a decision on permission from the Court. It may also leave some funds available to cover our own legal costs, which include the barristers we have instructed to help with this claim.

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