Every person the government deprives of their liberty should have access to legal advice and a fair hearing. Access to justice protects us from governments who might seek to erode our freedoms or make unjust decisions that impact our lives.
The UK’s hostile immigration system creates huge barriers to accessing justice. This is especially true for people in immigration detention, who are often at their most vulnerable.
Last year Detention Action made over 130 referrals to solicitors for people in detention, but only 28 were taken on. As the government pledges publicly to increase removals and ‘clear’ the asylum backlog, capacity to offer legal advice is being stretched further. For the first time since 1996, there has finally been an increase in legal aid rates, but this is simply not enough to address the lack of trained advisors able to deal with increasingly complex immigration law and hostile policies.
What are the options for people in detention?
With no access to outside resources, people in detention often rely on the Detained Duty Advice Scheme (DDA), a system that is supposed to ensure a person has 30 minutes of free legal advice about their case. This should lead to legal support for bail applications and other immigration issues. However, there are fundamental problems with this system.
One person we supported was only able to speak to the DDA solicitor for 10 minutes. Another person’s appointment had to be cancelled at the last minute when no interpreter could be found. Solicitors meeting with 10 or more clients at a time simply do not have enough time to represent everyone and deliver tailored advice for complex cases. Many people are left confused and uninformed about their case, unable to advocate for themselves and awaiting a response from a solicitor who may not get back to them.
The culture of disbelief within the Home Office makes access to justice even more unattainable for people in detention. After sharing his ordeal with us, a trafficking survivor had his claim refused within a day, and was swiftly issued a notice of removal. Denied the right of appeal and access to the evidence that they were trafficked, survivors of modern slavery are left feeling abandoned.
People who have spent their lives in the UK or have partners and children here have to apply separately to secure legal aid for a human rights claim; this is called ‘Exceptional Case Funding’ (ECF). While most applications are granted, many people are not aware of this time-consuming process, which creates yet another barrier to legal support. This can lead people to miss appeal deadlines and prolong detention for someone who may, in fact, have a strong case against deportation.
There is hope.
Support organisations like Detention Action can refer people in detention to trusted lawyers and liaise with expert organisations such as Bail for Immigration Detainees (BID) and Medical Justice, gathering crucial evidence to help clients submit stronger applications for bail. We inform people about their rights and empower them to navigate the detention system by offering emotional and practical support directly to those who need it.