ANDY HEWETT CONSULTancy


THE DECLINE IN LEGAL AID PROVISION FOR ASYLUM CASES




A VISUAL REPORT COVERING ENGLAND & WALES



This analysis of Legal Aid Agency data was commissioned by Refugee Action as part of their 'Tipping the Scales' report into legal aid provision in July 2018.


1. THE DECLINE IN THE NUMBER OF LEGAL AID PROVIDERS

A succession of cuts over recent years to the amounts payable for Legal Aid work combined with a reduction of the types of immigration cases remaining within scope for legal aid has resulted in many legal aid providers reducing or ceasing legal aid work. The graph below shows the number of providers delivering Immigration legal aid work from 2005-2018. With the exception of a spike in 2014 due to the re-tendering of civil legal aid contracts, the overall trend is one of significant decline. The numbers of solicitors and Not for profit organisations can seen by clicking on the tabs on the chart below.

The chart below shows the relative change in the number of providers in 2018 compared to 2005. 56% of the total number of providers were lost during this period. The decline in the number of not for profit providers is even more alarming, with a 64% loss in the number of providers from 2005 to 2018.

The map & graph below show the number of providers at Local Authority level in England and Wales who completed Immigration & Asylum legal aid work in 2017/18. It is clear that vast areas of England and Wales have no active provision, with the highest number of providers located in Birmingham, London and Yorkshire.

2. THE DECLINE IN MATTER STARTS

Once the Legal Aid Agency authorises work to begin on a case under Legal Aid, it becomes known as a 'matter start'. The number of new matter starts provides a useful indicator as to the volume of Legal Aid work being undertaken. The graph below shows the volume of matter starts for Asylum and other non-asylum Immigration work. The dramatic reduction in Immigration matter starts in 2013 is due to the impact of the Legal Aid, Sentencing & Punishment of Offenders Act 2012 (LASPO), which removed most Immigration cases from the scope of legal aid.

3. GEOGRAPHIC DISTRIBUTION OF ASYLUM MATTER STARTS

The graph below shows the number of completed asylum matter starts. We can see that there was an initial drop between 2011 and 2013, and then a period of revovery from 2013 onwards. The trend across different regions is more varied. Click on the drop down box to select a specific region.

The map below shoes the number of completed asylum matter starts in each local authority in England and Wales in 2017/18. This provides a useful indicator as to the level of legal aid activity in each area.

The graph below shows the net difference in the volume of completed asylum matter starts in 2017/18 compared to those completed in 2011/12. During this period the net volume of completed asylum matter starts dropped by 9,459 from 45,000 in 2011/12 to 35,541 in 2017/18. The reduction in the number of completed matter starts was felt more acutley in some local authorities with 64% of local authorities seeing a reduction in the volume of matter starts, whilst 36% saw an increase.

4. DISPERSAL PATTERNS & MATTER START DISTRIBUTION

A key driver in demand for Legal Aid for asylum cases is the pattern of Home Office dispersal, where asylum seekers are accommodated in dispersal areas across the UK. The graph below shows the dispersal areas in England and Wales and the difference between the number of asylum seekers and the number of completed matter starts in each area.

The graph below shows the dispersal areas that have more asylum seekers than completed matter starts in 2017/18. The data suggests that these areas are in high demand for legal aid services and are currently operating with a matter start deficit. The number next to each are shows the number of additional asylum seekers compared to matter starts. For example, we can see at the top that Wigan had 978 more asylum seekers than matter starts completed. The graph shows all areas with a potential deficit of more than 100.

The map below shows the number of asylum seekers living in dispersal areas in the UK where there were no completed matter starts in 2017/18 (indicative of there being no legal aid provision). There may be over 9,800 asylum seekers supported under Section 95 living in areas with no local legal aid provision (approx 26% of the total supported under Section 95. These asylum seekers are effectively living in 'advice deserts', requiring them to travel often long distances to obtain Legal Aid advice.

The graph below shows the number of asylum seekers living in dispersal areas that had no completed matter starts in 2017/18 (indicative of there being no actual provision).

The chart below shows the percentage of the total number of people supported under Section 95 who may be living in a local authority in England and Wales with no legal aid provision.

5. KEY FINDINGS

1. There are 56% fewer providers (solicitors and not for Profits) in 2018 than 2005. The number of not for profit providers saw an even greater reduction of 64%. The number of providers has been in steady decline with the exception of a spike in 2014 due to new legal aid contracts, followed again by a steady decline.

2. Whilst the number of Immigration matter starts fell dramatically (almost to zero) as a result of LASPO, the fall in the total number of asylum matter starts was less pronounced.

3. The distribution of asylum matter starts at local authority level has seen significant change with 61% of local authorities seeing a reduction in volume and 37% seeing an increase.

4. At the end of March 2018, there were 9,813 asylum seekers in 146 local authorities in England & Wales who were supported under Section 95, but had no access to legal aid provision within the area that they are living. This equates to 26% of the supported asylum seeker population in England and Wales.

5. At the end of March 2018, there were 26 local authority areas with more than 100 asylum seekers who had no access to local provision.

6. Asylum seekers living in one local authority area are required to travel almost 100 miles to access the nearest provider, and two require travel in excess of 40 miles.

7. Legal Aid provision across England and Wales does not reflect Home Office dispersal patterns, with some areas (particularly those where an initial accommodation centre is present) having a greater number of matter starts than the number of asylum seekers. Further research may be required to ascertain at what point asylum seekers living in initial accommodation find a legal advisor (i.e. whether it is during their time in IA, as the data suggests or post dispersal). The average amount of time spent in initial accommodation may also be a contributory factor.

8. There are 46 areas across England and Wales where the number of supported asylum seekers exceeds the number of matter starts by more than 100. There are a number of possible reasons for this, though further research may be required to ascertain the degree in which each factor plays a part. Some of the factors include:

a) Dynamic changes to Home Office dispersal patterns occurring at a rate that overwhelms existing provision, set against the Legal Aid Agency's much slower mechanisms of allocating matter starts and contracts.

b) The degree in which asylum seekers access legal aid whilst in initial accommodation, and then remain with that provider throughout their claim despite being dispersed to a different location.


Statistical notes

Part 4 of this report explores the relationship between Home Office dispersal patterns and the provision of legal aid. Making a direct comparison of Home Office data and Legal Aid Agency (LAA) data is far from ideal as neither accurately reflects the number of individuals in a given period of time. In the absence of a more comparable data set, it does however provide a useful means to explore the demand for legal advice for asylum.


In addition to the above, it should also be noted that The Home Office use the calendar year when reporting annual statistics, whereas the Legal Aid Agency tend to use the financial year. For the purposes of this report, I have not had time to aggregate the relevant Home Office quarterly data to enable a direct comparison with financial years used by the LAA.


Home Office Data - Source Data: Home Office Immigration quarterly release

The geographic data relating to the number of supported asylum seekers in each local authority represents a 'snap-shot' at a given point in time. It is not possible to ascertain the actual turnover of asylum seekers, or the number of individuals accommodated in each area over the course of financial and calendar year. It is also not possible to ascertain the numbers accommodated in each initial accommodation centre or those moved to other areas of the UK through secondary dispersal.

Legal Aid Agency Data - Source Data - Legal Aid Statistics (quarterly) and Legal Aid Provider Data (annual)

1) The data relating to matter starts does not accurately reflect the number of individuals who receive legal aid as the figure reflects an administrative unit rather than an individual case.

2) The data relating to the number of providers in Part 1 of the report represents the number of providers who have completed work and received payments from the LAA in any given quarter or financial year, rather than the number of matter starts opened or number of providers who hold contracts to provide legal aid.

3) The matter start data in Part 2 of this report relates to new matter starts that were opened in each financial year.

4) The matter start data in Parts 3-4 of relates to completed matter starts (where the provider has been paid for completed work).

5) The geographic provider figures can be used as a proxy measure for the geographic distribution of legal aid, though the geographic information is based on the location of the provider and not the client so it is not a precise indicator of where the benefits of legal aid services are felt.