Legal News

A report by the Children’s Society says that cuts to Legal Aid have denied migrant children arriving in the UK unaccompanied access to the law – and vulnerable children are at risk of having to represent themselves in immigration tribunals because they no longer qualify for Legal Aid.

The Guardian reports that the report Cut off from Justice warns that thousands of youngsters who have arrived in the UK alone are being denied access to the law and put in danger of exploitation and homelessness.

It not unusual for parents desperate to send their children to safety from war zones to pay traffickers to take children on the journey to Europe unaccompanied.

However, under the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO), access to Legal Aid was removed as part of the coalition government’s proposals to cut £350 million from the budget.

Legal Aid is still available for asylum cases – but tribunals have contacted The Guardian to say there have already been cases where children have been forced to represent themselves at immigration tribunals where they face deportation, because they are not eligible for Legal Aid to pay for a lawyer.

The Children’s Society has applied for Judicial Review to challenge the Justice Secretary’s refusal to reinstate Legal Aid for immigration cases involving unaccompanied children.

The charity cites the case of a 17-year-old boy “forced to represent himself before an immigration judge and a Home Office lawyer”. The teenager was appearing in an asylum case, in which he did not qualify for Legal Aid.

The charity’s report says:

“While the exclusion of his case from Legal Aid support was not a consequence of LASPO, his experiences of the process highlight some relevant points.

“The boy was alone in an intimidating environment and unable to convey ‘the bigger picture about his need and wishes to remain in the UK’,” the report adds.

“The circumstances of separated and unaccompanied children’s immigration cases are far from straightforward.”

The charity has found only one local authority has a formal policy on the legal support available to children in the absence of Legal Aid.

Chief executive of the Children’s Society, Matthew Reed, said:

“The government’s announcement that it will look again at Legal Aid is a vital opportunity to make sure that the thousands of vulnerable children in this country who are being denied a legal voice are once again given this critical support.

“Without Legal Aid, they are being denied the equal justice they deserve.

“This is putting many in danger and is harming their wellbeing and future opportunities.

“It is crucial the government restores this lifeline to all children who are here on their own, so none of them are cut off from justice.”

A spokesman for the Ministry of Justice said:

“The majority of unaccompanied children applying for permission to remain in the UK will be seeking asylum – and are therefore able to apply for Legal Aid.

“Applications for non-asylum immigration cases are generally straightforward, so lawyers are not usually required.”

Duncan Lewis Immigration Lawyers

Duncan Lewis immigration lawyers can advise on UK immigration law, including asylum applications and appeals, illegal entry to the UK, detention pending deportation and visa overstays.

There are Duncan Lewis offices nationwide – and Duncan Lewis is a leading provider of Legal Aid services.

For expert legal advice on UK immigration law and asylum in the UK, call Duncan Lewis immigration lawyers on 020 7923 4020.

For urgent immigration advice, call the Duncan Lewis Emergency Hotline on 020 7275 2036, where an accredited immigration lawyer is available 24/7.