The Legal Aid Agency (LAA) monitors supply across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action within its operational powers to secure additional provision to ensure the continuity of legal aid-funded services. The LAA is satisfied that there is adequate provision of services in Wales across all categories of legal aid.

Once implemented, individuals who receive a removal notice under the Illegal Migration Act (IMA) will have access to free legal advice in relation to the removal notice.

We are setting fees for IMA work at 15% above the usual hourly rate to help augment capacity so we can meet the anticipated increase in demand for legal aid advice.

We have taken a number of steps to help increase access to legal aid for immigration and asylum cases across England and Wales. For example, we are providing up to £1.4m of funding in 2024 for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work.

In 2019, we brought non-asylum immigration and citizenship matters into scope for under 18s who are not in the care of a parent, guardian, or legal authority. This means, for example, that a separated migrant child making an application for entry clearance, leave to enter, or to remain in the United Kingdom, or an application for registration as a British citizen or as a British subject, or for registration as a British overseas territories citizen or a British Overseas citizen is now entitled to legal aid, subject to the means and merits tests.

The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term. we are due to publish a Green Paper in July 2024.

The Illegal Migration Act 2023 (IMA) provides for First-tier Tribunal judges to be deployed to sit in the Upper Tribunal to hear IMA appeals. As the Lord Chancellor set out in his Written Ministerial Statement of 16 January 2024: “The judiciary have identified relevant judges, which could provide over 5,000 additional sitting days. The decision on whether to deploy additional judges temporarily to the Upper Tribunal, including when they sit and the courtrooms they use, is for the independent judiciary and will be taken by the relevant leadership judges at the time and in the interests of justice”.

It is standard practice not to comment on discussions between Ministers and the judiciary. However, the Ministry of Justice is working closely with the judiciary in preparation for implementation of the Illegal Migration Act and I refer you to the Lord Chancellor’s Written Ministerial Statement of 16 January 2024, which addressed the topic (https://questions-statements.parliament.uk/written-statements/detail/2024-01-16/hcws188).

The Illegal Migration Act 2023 (IMA) provides for First-tier Tribunal judges to be deployed to sit in the Upper Tribunal to hear IMA appeals. As the Lord Chancellor set out in his Written Ministerial Statement of 16 January 2024: “The judiciary have identified relevant judges, which could provide over 5,000 additional sitting days. The decision on whether to deploy additional judges temporarily to the Upper Tribunal, including when they sit and the courtrooms they use, is for the independent judiciary and will be taken by the relevant leadership judges at the time and in the interests of justice”.

It is standard practice not to comment on discussions between Ministers and the judiciary. However, the Ministry of Justice is working closely with the judiciary in preparation for implementation of the Illegal Migration Act and I refer you to the Lord Chancellor’s Written Ministerial Statement of 16 January 2024, which addressed the topic (https://questions-statements.parliament.uk/written-statements/detail/2024-01-16/hcws188).

The commissioning and monitoring of civil legal aid services are done by Procurement Area rather than by individual town or city, with Procurement Areas differing for different categories of law. The commissioning standard is to have at least one immigration provider per Procurement Area. Coventry falls within the Midlands and East of England Procurement Area. There are currently 45 immigration and asylum providers operating out of 55 offices within this procurement area. Information about number of legal aid offices undertaking work, broken down by region, legal aid scheme and category of law are published as part of the Legal Aid Agency (LAA)’s official statistics [see tables 9.1-9.8].

The LAA recently tendered for new contracts that will start on 1 September 2024 and is in the process of assessing the bids. There will also be a further tender opportunity commencing on 18 March. These procurement exercises provide opportunities for new providers to obtain a contract to deliver legal aid services and existing contract holders to deliver additional services in other categories of law with a view to maximising available provision.

Across England and Wales, we have taken a number of steps to help increase access to legal aid for immigration and asylum cases. For example, we are providing up to £1.4 million of funding in 2024 for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work.

The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term; the Green Paper consultation is expected in July 2024.

The Ministry of Justice does not have data on the number and proportion of asylum seekers that have not had access to a local immigration and asylum legal aid provider in the last 12 months. At a national level, the LAA monitors capacity across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action to secure additional provision to ensure the continuity of legal aid-funded services.

The LAA regularly engages with provider representative groups, including on the provision of immigration and asylum services, via forums such as the Civil Contract Consultative Group.

The Ministry of Justice has not made an assessment of the potential impact of trends in the level of immigration and asylum legal aid provision on the success rate of asylum appeals in Coventry in the last 12 months. We do publish data on tribunal outcomes as a part of the published statistics – see tab FIA3 in the main tables (Tribunals statistics - GOV.UK (www.gov.uk).

The commissioning and monitoring of civil legal aid services are done by Procurement Area rather than by individual town or city, with Procurement Areas differing for different categories of law. The commissioning standard is to have at least one immigration provider per Procurement Area. Coventry falls within the Midlands and East of England Procurement Area. There are currently 45 immigration and asylum providers operating out of 55 offices within this procurement area. Information about number of legal aid offices undertaking work, broken down by region, legal aid scheme and category of law are published as part of the Legal Aid Agency (LAA)’s official statistics [see tables 9.1-9.8].

The LAA recently tendered for new contracts that will start on 1 September 2024 and is in the process of assessing the bids. There will also be a further tender opportunity commencing on 18 March. These procurement exercises provide opportunities for new providers to obtain a contract to deliver legal aid services and existing contract holders to deliver additional services in other categories of law with a view to maximising available provision.

Across England and Wales, we have taken a number of steps to help increase access to legal aid for immigration and asylum cases. For example, we are providing up to £1.4 million of funding in 2024 for accreditation and reaccreditation of senior caseworkers to conduct immigration and asylum legal aid work.

The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term; the Green Paper consultation is expected in July 2024.

The Ministry of Justice does not have data on the number and proportion of asylum seekers that have not had access to a local immigration and asylum legal aid provider in the last 12 months. At a national level, the LAA monitors capacity across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action to secure additional provision to ensure the continuity of legal aid-funded services.

The LAA regularly engages with provider representative groups, including on the provision of immigration and asylum services, via forums such as the Civil Contract Consultative Group.

The Ministry of Justice has not made an assessment of the potential impact of trends in the level of immigration and asylum legal aid provision on the success rate of asylum appeals in Coventry in the last 12 months. We do publish data on tribunal outcomes as a part of the published statistics – see tab FIA3 in the main tables (Tribunals statistics - GOV.UK (www.gov.uk).

Information about waiting times for appeals in the First-tier Tribunal (Immigration and Asylum Chamber) (IAC) is routinely published at: Tribunals statistics - GOV.UK (www.gov.uk) and HMCTS management information - GOV.UK (www.gov.uk).

The latest period for which data is available is July to September 2023 (Tribunal Statistics) and December 2023 (HMCTS Management Information). Data for the period October to December 2023 (Tribunal Statistics) will be published on 14 March 2024.

HMCTS continues to invest in improving tribunal productivity through the recruitment of additional Judges, deployment of Legal Officers to actively manage cases, the development of modern case management systems and the use of remote hearing technology.

We continue to monitor and review the demand on the First-tier Tribunal (IAC) and will work with the judiciary and HMCTS on any further actions that may be needed.

The backlog of asylum and immigration tribunal cases has soared from 35,400 to 41,500 in a month—a result, no doubt, of the Home Office pushing through decisions at the end of last year to clear its previous backlog. What is the Minister doing to tackle this new backlog that they have created?

Legal aid is available for immigration and asylum cases, including those involving victims of domestic abuse and modern slavery, for separated migrant children, and for cases where someone is challenging a detention decision.

Earlier in November, the Legal Aid Agency published a list of immigration legal services providers that are willing and able to provide remote advice to clients in the South West of England; the list is available at https://www.gov.uk/government/publications/immigration-providers-south-west-support-directory.

The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole across eleven categories (including immigration) so that it can operate sustainably in the long-term; the Review’s final report is expected in March 2024. When the Illegal Migration Act 2023 is implemented, individuals who receive a removal notice under the IMA will have access to free legal advice in relation to that notice.

Section 27(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 allows the Lord Chancellor to make arrangements for legal services to be provided by telephone or by other electronic means. Whether legal advice in a particular case is delivered remotely or in-person is down to the discretion of the legal provider. As set out in the Government’s response of 28 September 2023 to the consultation on legal aid fees for IMA work, which included an equality impact assessment (https://www.gov.uk/government/consultations/legal-aid-fees-in-the-illegal-migration-bill/outcome/legal-aid-fees-in-the-illegal-migration-act-government-response), a great deal of legal advice is already provided “remotely”, largely by telephone. The Government intends to allow advice to be provided remotely at Detained Duty Advice Scheme surgeries for those detained at Immigration Removal Centres. The Government acknowledges and agrees with stakeholder feedback on the need for some clients to continue to be seen face-to-face. Accordingly, conducting remote advice will be enabled at provider discretion, thus ensuring the continuation of appropriate decisions on the delivery of advice in relation to vulnerable clients.

The Department does not have data on how the advice is ultimately provided to the clients (whether face-to-face or remotely) because the decision on how to provide the service is at the discretion of the service providers, taking into account the best interests of the client. Data on the number of legal aid matters started on immigration and asylum is publicly available as part of the quarterly legal aid statistics (see tables 5.1 and 6.2 in the tables published at https://www.gov.uk/government/statistics/legal-aid-statistics-april-to-june-2023). Under the Immigration and Asylum Act 1999, all immigration advisers must be registered with the Office of the Immigration Services Commissioner (OISC) or be regulated by a Designated Qualifying Regulator (DQR). The OISC and the DQRs are responsible for ensuring immigration advisers are fit, competent, and act in their clients’ best interests. In relation to work funded under legal aid, the “Standard Civil Contract 2018: Immigration and Asylum Specification” includes a number of measures to ensure immigration and asylum advice is only provided by caseworkers who hold appropriate accreditation.

Legal aid is available for immigration and asylum cases, including those involving victims of domestic abuse and modern slavery, for separated migrant children, and for cases where someone is challenging a detention decision.

Earlier in November, the Legal Aid Agency published a list of immigration legal services providers that are willing and able to provide remote advice to clients in the South West of England; the list is available at https://www.gov.uk/government/publications/immigration-providers-south-west-support-directory.

The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole across eleven categories (including immigration) so that it can operate sustainably in the long-term; the Review’s final report is expected in March 2024. When the Illegal Migration Act 2023 is implemented, individuals who receive a removal notice under the IMA will have access to free legal advice in relation to that notice.

Section 27(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 allows the Lord Chancellor to make arrangements for legal services to be provided by telephone or by other electronic means. Whether legal advice in a particular case is delivered remotely or in-person is down to the discretion of the legal provider. As set out in the Government’s response of 28 September 2023 to the consultation on legal aid fees for IMA work, which included an equality impact assessment (https://www.gov.uk/government/consultations/legal-aid-fees-in-the-illegal-migration-bill/outcome/legal-aid-fees-in-the-illegal-migration-act-government-response), a great deal of legal advice is already provided “remotely”, largely by telephone. The Government intends to allow advice to be provided remotely at Detained Duty Advice Scheme surgeries for those detained at Immigration Removal Centres. The Government acknowledges and agrees with stakeholder feedback on the need for some clients to continue to be seen face-to-face. Accordingly, conducting remote advice will be enabled at provider discretion, thus ensuring the continuation of appropriate decisions on the delivery of advice in relation to vulnerable clients.

The Department does not have data on how the advice is ultimately provided to the clients (whether face-to-face or remotely) because the decision on how to provide the service is at the discretion of the service providers, taking into account the best interests of the client. Data on the number of legal aid matters started on immigration and asylum is publicly available as part of the quarterly legal aid statistics (see tables 5.1 and 6.2 in the tables published at https://www.gov.uk/government/statistics/legal-aid-statistics-april-to-june-2023). Under the Immigration and Asylum Act 1999, all immigration advisers must be registered with the Office of the Immigration Services Commissioner (OISC) or be regulated by a Designated Qualifying Regulator (DQR). The OISC and the DQRs are responsible for ensuring immigration advisers are fit, competent, and act in their clients’ best interests. In relation to work funded under legal aid, the “Standard Civil Contract 2018: Immigration and Asylum Specification” includes a number of measures to ensure immigration and asylum advice is only provided by caseworkers who hold appropriate accreditation.

Work is underway to bring the provisions in the Nationality and Borders Act 2022 relating to accelerated detained appeals into force as soon as possible. We cannot commit to a specific date at this point.

In due course, we will seek the Tribunal Procedural Committee's views on whether their work needs to be revisited in order to effectively implement the policy in relation to accelerated detained appeals.

The Illegal Migration Act will ensure that the only way to come to the UK for asylum will be through safe and legal routes, and we are working across Government to ensure access to justice for asylum seekers.

All individuals who receive a removal notice under the Illegal Migration Act will have access to legal aid, without facing a means or merits test, to help ensure access to justice.

I have a number of constituents whose asylum appeals were allowed by courts and tribunals service, but have now been thrust into limbo while the case goes back to the Home Office for approval. What conversations have Ministers had with their Home Office colleagues on clearing the backlog that is preventing my constituents from getting on with their lives?

Under the Immigration and Asylum Act 1999, all immigration advisers must be registered with the Office of the Immigration Services Commissioner (OISC) or be regulated by a Designated Qualifying Regulator (DQR). The OISC and the DQRs are responsible for ensuring immigration advisers are fit, competent, and act in their clients’ best interests.

The DQRs include legal services representative bodies who designate regulatory responsibilities to legal services regulators. Legal services regulation is independent of Government and the relevant regulators are responsible for ensuring quality and standards for providers of legal advice.

The Solicitors Regulation Authority (SRA) is a DQR and responsible for the regulation of solicitors and ensuring that all solicitors meet required standards. In November 2022, the SRA published a thematic review of immigration and asylum services as well as updated immigration guidance to help solicitors understand their obligations when providing immigration advice. The guidance is available here: https://www.sra.org.uk/solicitors/resources/immigration-services/guidance-and-support/.

We continue to work with the Home Office to determine whether any Ministry of Justice owned sites would be appropriate to accommodate asylum seekers.

The Government is committed to ensuring that those seeking asylum in this country have access to publicly funded legal advice and representation.

Access to legal aid is a key part of a fair immigration system, which is why we are spending around £8m expanding access to legal aid, helping victims of modern slavery, individuals prioritised for removal and individuals appealing an age assessment decision.

The Legal Aid Agency keeps market capacity and the provision of services under constant review and takes immediate action when gaps appear, working with providers to ensure provision nationally.

The Government is committed to ensuring that those seeking asylum in this country have access to publicly funded legal advice and representation.

Access to legal aid is a key part of a fair immigration system, which is why we are spending around £8m expanding access to legal aid, helping victims of modern slavery, individuals prioritised for removal and individuals appealing an age assessment decision.

The Legal Aid Agency keeps market capacity and the provision of services under constant review and takes immediate action when gaps appear, working with providers to ensure provision nationally.

Information on the number of cases which are listed for hearing weekly in the First-tier Tribunal (Asylum Support) (FtT (AS)) is not held. This information is only held monthly.

All valid appeals received in the FtT (AS) in the period July 2021 – December 2022 (the latest 18 month period for which published data are available), have been determined or withdrawn. The average waiting time for a valid Asylum Support appeal to be determined is 14 days.

Information on the number of cases which are listed for hearing weekly in the First-tier Tribunal (Asylum Support) (FtT (AS)) is not held. This information is only held monthly.

All valid appeals received in the FtT (AS) in the period July 2021 – December 2022 (the latest 18 month period for which published data are available), have been determined or withdrawn. The average waiting time for a valid Asylum Support appeal to be determined is 14 days.

Information on the number of cases which are listed for hearing weekly in the First-tier Tribunal (Asylum Support) (FtT (AS)) is not held. This information is only held monthly.

All valid appeals received in the FtT (AS) in the period July 2021 – December 2022 (the latest 18 month period for which published data are available), have been determined or withdrawn. The average waiting time for a valid Asylum Support appeal to be determined is 14 days.

Information about the total number of requests for this type of legal assistance is not held. Such assistance, where provided by legal aid, is funded under the ‘Legal Help’ scheme. Decisions about eligibility for this form of services are delegated to legal aid providers. As such, applications are not made directly to the Legal Aid Agency (LAA). Consequently, the LAA does not hold data regarding overall volumes of requests for assistance or the number of requests for assistance that are refused.