Duncan Lewis and the UK government have reached a resolution regarding legal aid fees for immigration and asylum work amid concerns over low rates.
- Legal aid rates for controlled work have been stagnant since 1996, leading Duncan Lewis to seek judicial intervention.
- A 48% decrease in real-term rates since 1996 has limited access to legal aid for vulnerable populations.
- The Lord Chancellor commits to reviewing and potentially raising legal aid fees by end of November.
- A final decision could influence policies from a broader civil legal aid review initiated by the previous government.
Duncan Lewis, a prominent legal firm, has agreed to withdraw its legal action against the UK government following assurances from the Lord Chancellor to review and possibly increase legal aid fees by the end of November. This decision stems from concerns over the stagnant legal aid rates for immigration and asylum work, which have not seen an increase since 1996. Such rates have effectively been reduced by 48% in real terms over the years, severely limiting the ability of vulnerable groups to secure legal representation for critical issues such as asylum applications.
The legal firm highlighted the unsustainable nature of the current system, which has been loss-making for legal aid providers, impacting their capacity to offer necessary services to those in dire need. As a consequence, many individuals eligible for legal aid struggle to find representation for matters described as ‘life and death’ by the firm. The High Court acknowledged these challenges by approving a consent order, enabling the withdrawal of the claim upon the Lord Chancellor’s commitment to assess and decide on the matter imminently.
Jeremy Bloom, a solicitor at Duncan Lewis, expressed satisfaction with the Chancellor’s acknowledgement of the urgency of the crisis, reflecting optimism that an increase in fees could enable providers to continue representing eligible clients without incurring financial losses. However, Bloom has signalled readiness to initiate further legal proceedings should the review result in stagnant or insufficient adjustments to the fees.
The Ministry of Justice, acknowledging the inherited justice system challenges faced by the new government, has expressed its intent to collaborate with the legal profession to establish a sustainable framework for legal aid. This involves carefully reviewing evidence gathered from a major civil legal aid review initiated by the previous administration, which includes Duncan Lewis’s concerns raised during their court claim.
A final decision on legal aid fees by the Lord Chancellor is anticipated by November, potentially shaping future policy outcomes.
