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Duncan Lewis Solicitors brought a judicial review claim against the Lord Chancellor in June 2024, challenging its failure or refusal to raise the Legal Aid rates for ‘controlled work’ in the field of immigration and asylum (‘Controlled Immigration Work’), or to take any other action capable of addressing the serious problems with the provision of this form of legal aid in a timely and effective way (‘the Claim’).

The Court approved a consent order on 25 September 2024 by which Duncan Lewis withdrew the Claim on the basis that the Lord Chancellor has recognised the urgency of the issues in the claim and has committed to announcing a decision by the end of November 2024 as to whether she will increase the fees for Controlled Immigration Work and if so, to what extent.

Duncan Lewis also withdrew the claim on the basis that the Lord Chancellor committed to commencing consultation on any proposed increase in fees within 8 weeks of her decision in November 2024, and to taking steps towards laying a statutory instrument and implementing any changes in fees with reasonable promptness. The consent order approved by the Court is available here: R (Duncan Lewis) v Lord Chancellor - Sealed Order - 25.09.2024.pdf

The evidence in the claim demonstrated the huge mismatch between supply and demand in the immigration legal aid sector, driven particularly by reductions of Controlled Immigration Work provision by many providers, and the increase in demand for this work.  The Claim alleged that this mismatch is having serious and potentially devastating implications for access to justice for those who are entitled to legal aid in the form of Controlled Immigration Work and are unable to access it. Duncan Lewis set out that the access to justice concerns were particularly disturbing given that the advice and representation these individuals require is for matters of life-or-death significance, such as asylum applications and appeals, human rights appeals, and claims to be a victim of trafficking. The Claim argued that the mismatch is clearly and closely linked to the 48% real-terms cut in rates for Controlled Immigration Work since 1996.

The Claim was supported by evidence from across the immigration legal aid sector including: the witness evidence provided in support of the Claim from Wilsons LLP, Care4Calais, and Women Against Rape; responses from Manuel Bravo Project, South London Refugee Association, Refugee Action, SOAS Detainee Support, West London Welcome, Care4Calais, and Migrants Organise and 30 providers of immigration and asylum controlled work to a survey conducted by Duncan Lewis;  the overwhelming evidence from the sector in response to successive consultations and calls for evidence on legal aid including the Law Society, Immigration Law Practitioner's Association, Legal Aid Practitioners Group, Refugee Action, Coram Children's Legal Centre, Dr Jo Wilding, Justice Together, the Refugee Council, the Westminster Commission, the Anti-Trafficking and Labour Exploitation Unit, Young Legal Aid Lawyers, Public Law Project, Haringey Migrant Support Centre, Bail for Immigration Detainees, Helen Bamber Foundation, and the British Red Cross; and reports from reputable organisations such as the National Audit Office, the Justice and Public Accounts House of Commons Select Committees, and the UN Human Rights Committee.

Jeremy Bloom, solicitor representing the Claimant, said:

“It should not have been necessary to bring this case, given the overwhelming evidence that shows the scale of the problem and the impact that this has on people who cannot find representation. The previous Lord Chancellor denied that there was a problem at all, maintaining that there was enough supply within the system to meet growing levels of demand.

We are delighted that the new Lord Chancellor has recognised the gravity and urgency of the current crisis in legal aid and has committed to making a decision on raising rates for immigration and asylum controlled work in November. We are hopeful that a decision will be made that will allow legal aid providers to represent eligible individuals in their life-or-death immigration and asylum matters, without sustaining huge financial losses.

Our evidence showed that there is no sound basis to conclude that the current system enables suppliers of legal aid to meet the huge demand for their services. The system right now is unsustainable, and the people who lose out are those who simply cannot find a lawyer to put forward their cases. While we hope it will not be necessary, if the new Lord Chancellor decides not to raise rates for this kind of work, if she delays implementation, or if the change is not far-reaching enough, we will not hesitate to bring further legal action.”

Duncan Lewis Solicitors was represented by Toufique Hossain, Jeremy Bloom, Nina Kamp and Elizabeth Cole, and instructed Chris Buttler KC, Eleanor Mitchell and Jack Boswell at Matrix Chambers as counsel in the Claim.

Duncan Lewis Solicitors

Duncan Lewis has the leading public law and immigration practice in the UK. The team frequently takes on and successfully brings challenges in some of the most high profile cases in the UK, including in relation to the Rwanda plan and Manston House. The company was recently crowned Law Firm of the Year 2024 at the LexisNexis awards, and noted for its commitment to providing justice for all.

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times.