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To ask Her Majesty’s Government how many cases relating to (1) housing, (2) asylum, or (3) domestic abuse, were funded by civil legal aid and assessed as having “borderline” prospects of success in (a) 2008–09, (b) 2009–10, (c) 2010–11, (d) 2011–12, and (e) 2012–13; and in what proportion of those...
To ask Her Majesty’s Government how many cases relating to (1) housing, (2) asylum, or (3) domestic abuse, were funded by civil legal aid and assessed as having “borderline” prospects of success in (a) 2008–09, (b) 2009–10, (c) 2010–11, (d) 2011–12, and (e) 2012–13; and in what proportion of those...
At present, civil legal aid is available to fund certain cases where the prospects of success are only “borderline”. The Government believe that, as a matter of principle, in order to warrant public funding through civil legal aid, a case should have at least a 50% prospect of success (ie moderate or better). We therefore propose that cases with borderline prospects of success should no longer qualify for civil legal aid funding. We have recently consulted on this proposal and are now considering responses.
The information requested is not available as the Legal Aid Agency (LAA) does not specifically record whether the applicant was successful in their case.
The LAA does hold data concerning cases assessed by the provider as having borderline prospects of success; this may differ from the LAA’s own assessment. The table below sets these data out, in housing and domestic violence cases, where the provider also reports a substantive benefit in the case. In such cases the provider is required to apply to the LAA and set out its estimate of the prospects of success. In contrast, for asylum cases, the provider has the authority to self grant funding and therefore the LAA will not have a record of the provider’s estimate of these prospects.
It is important to note that substantive benefit means that the outcome reported provided a benefit to the client that was deemed “substantive” as defined in the 2010 standard civil contract. However, it does not necessarily mean that their client was the successful party in any litigation or that the benefit was proportionate to the costs incurred.
| Housing | Domestic
Violence | |||||
| Financial
Year | Total
Number of Certificates With Borderline Prospects Of
Success | Number
and % Of These with Substantive
Benefit | Total
Number of Certificates With Borderline Prospects Of
Success | Number
and % Of These with Substantive
Benefit | ||
| Number | % | Number | % | |||
| 2008-09 | 98 | 50 | 51% | 9 | 5 | 56% |
| 2009-10 | 65 | 38 | 58% | 9 | 6 | 67% |
| 2010-11 | 44 | 22 | 50% | 8 | 6 | 75% |
| 2011-12 | 52 | 35 | 67% | 10 | 6 | 60% |
| 2012-13 | 43 | 22 | 51% | 4 | 1 | 25% |
To ask Her Majesty’s Government how many hearings of the second tier immigration tribunal have been cancelled on the grounds that (1) interpreters failed to attend, or (2) interpreters attending did not speak the correct language, since Applied Language Solutions began operating as the Ministry of Justice's sole contractor for...
To ask Her Majesty’s Government how many hearings of the second tier immigration tribunal have been cancelled on the grounds that (1) interpreters failed to attend, or (2) interpreters attending did not speak the correct language, since Applied Language Solutions began operating as the Ministry of Justice's sole contractor for...
Statistics published by the Ministry of Justice in March covering the first year of the language services contract break down requests by tribunal type. Tables 5 and 6 cover data from both the first tier tribunal and Upper Tier Tribunal of the Immigration and Asylum Tribunal, and contains information on bookings which were cancelled and the bookings where an interpreter did not attend. The data are available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/177042/statistical-tables-jan12-jan13.xls.
These show that there has been a dramatic improvement in the interpreter contract since the start of last year, with the vast majority of bookings now being completed and a major reduction in complaints. Our changes saved taxpayers £15 million this year.
Hearings where an interpreter does not attend may exceptionally continue with the hearing to consider any “error of law” issues which can be dealt with in the absence of an interpreter. A failure to attend may not lead necessarily to a cancellation.
There is no specific complaint type for staff to select if an interpreter speaks the wrong language. The tribunal will specify the language required and the booking will be offered only to interpreters who have the appropriate qualifications to allow them to interpret in that language. Occasionally, staff may not be given the correct information on the dialect spoken by the individual and a hearing may have to be adjourned. These instances are rare and are not recorded separately for statistical purposes.
To ask Her Majesty’s Government what steps they are taking to improve access to legal representation for asylum seekers whose (1) applications and (2) appeals have been refused.[HL6078]
To ask Her Majesty’s Government what steps they are taking to improve access to legal representation for asylum seekers whose (1) applications and (2) appeals have been refused.[HL6078]
Asylum cases will continue to qualify for legal aid funding when the reforms to legal aid in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 are implemented from April this year. This includes legal aid for appeals to the First-tier Tribunal, the Upper Tribunal and the higher courts.
The Legal Services Commission (LSC) is in the process of finalising the award of new legal aid contracts for asylum work. These contracts will start on 1 April. There was significant demand for the available work with organisations bidding for more than three times the advertised work across England and Wales. The process of verifying successful tenders and entering into contracts is still ongoing but the LSC anticipates that there will continue to be good access to asylum advice funded by legal aid from April.
To ask Her Majesty’s Government what is their assessment of the impact on the provision of free and reliable legal advice on immigration and refugee issues of the entry into administration of the Immigration Advisory Service, the winding up of Refugee and Migrant Justice, and the cuts in legal aid.
To ask Her Majesty’s Government what is their assessment of the impact on the provision of free and reliable legal advice on immigration and refugee issues of the entry into administration of the Immigration Advisory Service, the winding up of Refugee and Migrant Justice, and the cuts in legal aid.
To ask Her Majesty’s Government whether they will give priority to families with children, in particular those with children born in the United Kingdom, when extending legal advice to migrants and asylum applicants, especially those facing deportation.
To ask Her Majesty’s Government whether they will give priority to families with children, in particular those with children born in the United Kingdom, when extending legal advice to migrants and asylum applicants, especially those facing deportation.
To ask Her Majesty’s Government, further to the Written Answer by Lord McNally on 26 October 2010 (WA 274-75), how many of the 64 providers in breach of the fixed fee margin key performance indicator for their asylum work in 2009-10 were awarded asylum contracts in the 2010 civil bid...
To ask Her Majesty’s Government, further to the Written Answer by Lord McNally on 26 October 2010 (WA 274-75), how many of the 64 providers in breach of the fixed fee margin key performance indicator for their asylum work in 2009-10 were awarded asylum contracts in the 2010 civil bid...
To ask Her Majesty’s Government what plans they have to propose amendments (a) to the European Convention on Human Rights in the light of recent judgments against the United Kingdom, and (b) to other international treaties governing human rights and political asylum.
To ask Her Majesty’s Government what plans they have to propose amendments (a) to the European Convention on Human Rights in the light of recent judgments against the United Kingdom, and (b) to other international treaties governing human rights and political asylum.
To ask Her Majesty’s Government, further to draft data disclosed by the Legal Services Commission to Refugee and Migrant Justice showing the number of asylum and immigration suppliers working in breach of the fixed fee margin key performance indicator, what was the Commission’s total payment, excluding disbursements, for all graduated...
To ask Her Majesty’s Government, further to draft data disclosed by the Legal Services Commission to Refugee and Migrant Justice showing the number of asylum and immigration suppliers working in breach of the fixed fee margin key performance indicator, what was the Commission’s total payment, excluding disbursements, for all graduated...
To ask Her Majesty’s Government , further to draft data disclosed by the Legal Services Commission to Refugee and Migrant Justice showing the number of asylum and immigration suppliers working in breach of the fixed fee margin key performance indicator, what was the total payment, excluding disbursements, for asylum cases...
To ask Her Majesty’s Government , further to draft data disclosed by the Legal Services Commission to Refugee and Migrant Justice showing the number of asylum and immigration suppliers working in breach of the fixed fee margin key performance indicator, what was the total payment, excluding disbursements, for asylum cases...
To ask Her Majesty’s Government, further to draft data disclosed by the Legal Services Commission to Refugee and Migrant Justice showing the number of asylum and immigration suppliers working in breach of the fixed fee margin key performance indicator for the financial year 2009–10, what was the total number of...
To ask Her Majesty’s Government, further to draft data disclosed by the Legal Services Commission to Refugee and Migrant Justice showing the number of asylum and immigration suppliers working in breach of the fixed fee margin key performance indicator for the financial year 2009–10, what was the total number of...
To ask Her Majesty’s Government what is their estimate of the cost to public funds of the closure of Refugee and Migrant Justice.
To ask Her Majesty’s Government what is their estimate of the cost to public funds of the closure of Refugee and Migrant Justice.
To ask Her Majesty’s Government what steps they are taking to ensure that migrants have access to justice following the closure of Refugee and Migrant Justice.
To ask Her Majesty’s Government what steps they are taking to ensure that migrants have access to justice following the closure of Refugee and Migrant Justice.
To ask Her Majesty’s Government what assessment they have made of the ability of other providers of legal services to absorb the caseload of Refugee and Migrant Justice.
To ask Her Majesty’s Government what assessment they have made of the ability of other providers of legal services to absorb the caseload of Refugee and Migrant Justice.
To ask Her Majesty’s Government how the former clients of Refugee and Migrant Justice will receive continuity of legal advice and representation.
To ask Her Majesty’s Government how the former clients of Refugee and Migrant Justice will receive continuity of legal advice and representation.