Government changes tack on unaccompanied migrant children and legal aid

The Government has announced that it will amend the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to bring non-asylum immigration matters for unaccompanied and separated children into scope of legal aid.

In a written ministerial statement Justice Minister Lucy Frazer said: “Under current legislation, legal aid is available in all asylum cases – for all age groups - and immigration cases where someone is challenging a detention decision.

"Legal aid for other immigration matters is available via the Exceptional Case Funding (ECF) scheme, which is intended to ensure legal aid is accessible in all cases where there is a risk of breach of human rights.

“Following a judicial review brought by the Children’s Society, we have examined both the evidence presented as part of the case and our data on applications for funding. Based on the distinct nature of the cohort in question, and of our data regarding them, I have decided to bring these cases into the scope of legal aid to ensure access to justice."

The minister said the amendment would be laid in due course following discussion across government and with external stakeholders.

The Children’s Society, which has waged a five-year legal battle on the issue, said its research suggested that thousands of children had been denied legal aid since the legislation came into force in 2013.

Since then, only a small number had been able to access legal aid through the ECF scheme.

“The change has left many children struggling to pay for the expert legal advice and representation they desperately need, which can cost thousands of pounds,” the charity said.

Its chief executive, Matthew Reed, said: “The Children’s Society is delighted with this excellent news. This is an important change in policy which will go a long way to protecting some of the most marginalised and vulnerable young people in our communities.

“Legal aid is absolutely vital for ensuring that children can access justice. For children who are subject to immigration control and who are in this country on their own, it is an absolute life line. The government should be commended for this significant change for children and young people.”