What is Legal Aid?

- Contributing writer Georgia Edwards writes about the history and importance of Legal Aid.

Legal Aid 

In September 2024 we successfully tendered for a legal aid contract. This means we can now provide legal representation for our service users, who are mostly asylum seekers, in their claim to the Home Office and if necessary on appeal or judicial review. In light of this change to our organisation, this piece will cover what legal aid is, why it is more important now than ever to protect migrants’ rights to fair trial and due process in the UK, and why as an organisation we have decided to take on a legal aid contract.

What is legal aid?

In short, legal aid allows individuals who do not have financial means to access legal advice and representation. The history of legal aid in England and Wales extends back to the expansion of the welfare state in 1949 following the accession of the Legal Aid and Advice Act, which covered most civil and criminal matters apart from libel and defamation. The biggest transformation to legal aid occurred in 2012 with the passing of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO), reducing the coverage of legal aid in areas relating to family, employment and housing issues, as well as family reunion. According to the Law Society, the opening of cases under legal aid dropped 30% between 2012 and 2013, and by 2016 legal aid providers decreased 37%. Where 4 in 5 people in the UK were entitled to legal aid in 2000, it is now 1 in 4. 

In order for an individual to receive legal aid, each case must meet the scope, merits and means for the Legal Aid Agency to agree to provide funding. A typical case that is handled by the DCRS legal aid team would be an asylum claim, which clearly falls into the scope of Schedule 1 of LASPO which states civil legal services can be ‘provided in relation to rights to enter, and to remain in, the United Kingdom arising from the Refugee Convention’. 

Typically, when a legal representative is considering the merits of an asylum claim, it is an assessment of the case’s likelihood of success. They consider the credibility of the client and their story, whether it aligns with established country conditions relating to ongoing conflict and persecution, and the strength of the evidence the client can provide. The means-test for legal aid for most asylum seekers is simple. Most asylum seekers do not have the automatic right to work in the UK and can only apply for it once they have been in the UK for twelve months. Therefore, they are reliant on applying for asylum support which provides accommodation and £49.18 each per person which falls far below the £2,657 per month threshold. As applying for asylum support is also means-tested, an asylum seeker on asylum support meets the means-test to receive legal aid. 

Why legal aid matters

The legal system in the UK, like in most countries, can be complex and difficult to navigate, and the asylum process can feel uncertain. And while there may be similarities, no two legal systems are identical. It is therefore unlikely that an asylum seeker will be familiar with the UK legal system and lexicon that is used by the Home Office and courts, which can be even more complicated to understand if English is not your first language. Additionally, many of our service users have experienced long periods of time where they receive no communication from the Home Office, are asked to attend interviews at short notice, receive phone calls from the Home Office without interpreters, have not received letters with important information about their case, and have had key information recorded incorrectly. All of these reasons and more, beside their human right to fair trial and due process, is why good legal representation and advice that can be accessed through legal aid matters. 

It is essential to ensure an asylum seeker has fair and equal access to justice so that their claim is fairly considered by the Home Office, and if necessary, on appeal. Especially in light of the changing political landscape that is creating animosity, fear and a culture of xenophobia. 

If you are based in Devon and Cornwall and require representation for an asylum claim, please go to https://DCRS-Plymouth.org/what-we-do/legal-aid-department/