Impact of Immigration System Changes on Civil Legal Aid: Review by Coram’s Nikki Clarke
Review of civil legal aid shows impact of immigration system changes, says Coram’s Nikki Clarke
In a recent review of civil legal aid, the impact of changes to the immigration system has been highlighted by Nikki Clarke of Coram Children’s Legal Centre. Despite cuts to civil legal aid over a decade ago, certain cases such as children going through care proceedings, SEND education issues, or asylum claims still qualify for legal aid. However, there are significant issues within the legal aid system that are exacerbating access to justice problems for children and families.
One area where these issues are particularly evident is in immigration and asylum law. While asylum and trafficking cases have always been covered by legal aid, other immigration and nationality matters related to separated children were only brought back into scope in October 2019. Social work professionals are increasingly facing challenges in providing support due to a lack of legal aid resources, leading to detrimental effects on children and young people in their care.
The civil legal aid system has undergone various reviews since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 introduced major changes in 2013. A recent review by the National Audit Office in summer 2023 revealed a significant cost-shift to local authorities, especially in immigration-related cases. The current Review of Civil Legal Aid, conducted by the Ministry of Justice, is expected to publish its findings by the end of 2024 and has received valuable input from organizations like Coram Children’s Legal Centre.
Coram Children’s Legal Centre provides outreach immigration advice to children and young people in London, partnering with community organizations, schools, and boroughs. As the demand for legal aid has increased and the number of legal providers has decreased, the center’s services have become crucial in addressing the substantial unmet need in the community.
Many children and young people seeking legal assistance are unrepresented and face long waits for support. The lack of legal aid providers and the complexity of the immigration system contribute to a sense of uncertainty and desperation among these vulnerable individuals. Without proper representation, young people are left in limbo, impacting their mental health and overall well-being.
The challenges in the legal aid system are further exacerbated by stagnant legal aid rates and rapid policy changes in immigration and asylum law. Without fair compensation for their work, legal aid providers struggle to meet the increasing demand for their services. Local authorities are also feeling the strain of supporting unrepresented children and young people in care, leading to delays in resolving legal cases and additional financial burdens.
In response to the legal aid review, Coram Children’s Legal Centre emphasizes the need for a sustainable and responsive legal aid system that prioritizes the well-being of children and young people. Until the government addresses the issues within the legal aid system, vulnerable individuals will continue to face barriers to accessing justice. The call for a more compassionate and dignified approach to legal aid underscores the importance of creating a system that truly serves those in need.
