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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.’

MOVERS & SHAKERS

mfg Solicitors—Deborah Bufton

mfg Solicitors—Deborah Bufton

Law firm boosts residential property team with new associate appointment

Flint Bishop—Russell Bainbridge

Flint Bishop—Russell Bainbridge

Flint Bishop lands corporate partner from Knights amid Sheffield growth drive

Bird & Bird—Huw Edwards

Bird & Bird—Huw Edwards

Bird Bird appoints expert tech patent litigator as new partner in London

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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