I wish to inform the House that I have decided to lay an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to bring immigration matters for unaccompanied and separated children into scope of legal aid.
Under current legislation, legal aid is available in all asylum cases – for all age groups - and immigration cases where someone is challenging a detention decision. Legal aid for other immigration matters is available via the Exceptional Case Funding (ECF) scheme, which is intended to ensure legal aid is accessible in all cases where there is a risk of breach of human rights.
Following a judicial review brought by the Children’s Society, we have examined both the evidence presented as part of the case and our data on applications for funding. Based on the distinct nature of the cohort in question, and of our data regarding them, I have decided to bring these cases into the scope of legal aid to ensure access to justice.
The amendment will be laid in due course following discussion across government and with external stakeholders.
This statement has also been made in the House of Lords