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10 November 2021
Issue: 7956 / Categories: Legal News , Legal aid focus , Immigration & asylum
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Legal aid maladministration

The Legal Aid Agency (LAA) blocked three people who were sleeping rough from challenging deportation orders, the Parliamentary and Health Service Ombudsman (PHSO) has found
The three people, EU nationals living in the UK at the time, were served with deportation orders for not exercising their EU Treaty rights (a Home Office policy requirement at the time).

The three were represented by law centres (Public Interest Law Unit and, now closed, Lambeth Law Centre), which applied to the LAA for funding in 2017. According to the PHSO report, published last week, however, the LAA delayed its response, which resulted in the law centres self-funding the trio’s judicial review against what they claimed was an unlawful policy.

By the time the LAA provided the funding, one of the clients was detained and had their passport removed. Moreover, the LAA was only able to provide funding from the day of the decision to grant it, which meant the full cost of the legal challenges was not covered.

The law centres won the judicial review, R (Gureckis) v Home Secretary [2017] EWHC 3298 (Admin).

The PHSO found the LAA’s decision-making processes were unfair to applicants and stated its delays were unreasonable as it put applicants in a more vulnerable position. The LAA provided the funding after seven weeks for one applicant, 13 weeks for the second and six weeks for the third.

The PHSO recommended the LAA apologise to the law centres, pay the outstanding costs of about £50,000 and ensure it provided fair outcomes in the future.

The regulations on backdating of legal aid certificates changed in 2019.

Julie Bishop, director of the Law Centres Network, said: ‘This is not an isolated incident: many law centres and other legal aid providers face delayed decisions by LAA.

‘In some cases, we as a membership body are called upon to help get the law centre clarity with mere hours before a case is due to be heard in court. In our experience, these problems stem from a working culture within the LAA, and have nothing to do with protecting the public purse. In effect, it restricts access to legal aid.’

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West End firm strengthens employment and immigration team with partner hire

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NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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