header-logo header-logo

Trafficking victims win review

25 March 2016
Issue: 7692 / Categories: Legal News
printer mail-detail

MoJ to undertake review of legal aid provision following threat of judicial review

The Ministry of Justice (MoJ) is to conduct an urgent review of legal aid provision for trafficking victims seeking to bring compensation claims against the perpetrators, after the High Court granted permission for a judicial review.

Parliament included a clause in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to ensure victims could bring compensation claims against their traffickers. The Anti-Trafficking and Labour Exploitation Unit (ATLEU) argued that the way the Legal Aid Agency (LAA) had implemented the provision meant that victims were not able to access legal advice and assistance to bring claims. Support agencies Kalayaan, Medaille Trust, Migrant Help and Hope for Justice supplied evidence showing that many victims were unable to access advice because of the limited number of providers able to deal with compensation claims, and the limited number of claims each one could handle.

Mr Justice Blake granted permission to pursue the judicial review. However, shortly before the hearing, the MoJ and LAA agreed to undertake a review by the end of June, and to implement any approved recommendations as soon as possible. Following this concession, ATLEU withdrew its claim.

The review will identify whether there are barriers to advice and assistance, the causes of these and what steps should be taken.

Shu Shin Luh, Garden Court Chambers, who acted pro bono for ATLEU, says: “If the government wants to realise its commitment under the Modern Slavery Act to provide victims of trafficking and modern slavery a right to seek reparations from their traffickers, then it must ensure that there is a system in place which gives victims effective and practical access to legal advice and assistance to realise their rights.

“This hasn’t happened to date. It is hoped that with this review the lord chancellor will now adhere to his commitments toward trafficking victims to ensure they are able exercise their right to seek reparations and hold to account those who have exploited them.”

As part of the order comprising the judicial review, the government is to pay £12,000 in costs to the Access to Justice Foundation under the scheme for pro bono costs orders.

Issue: 7692 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll