In a significant victory for access to justice, the UK government has announced a long-awaited 10% increase in legal aid fees for immigration and housing cases. The decision comes after sustained pressure from legal aid lawyers, who warned that the failure to raise rates was causing a crisis in the system, particularly for asylum seekers facing lengthy delays.
Rates Frozen for Decades
Legal aid fees for asylum work in England and Wales have remained stagnant since 1996, with hourly rates for lawyers fixed at a mere £52. In real terms, this amounts to an almost 50% reduction in fees over the past 28 years. The low rates have driven many lawyers to abandon legal aid work altogether, leaving vulnerable clients struggling to find representation.
New Rates Aim to Clear Backlogs
Under the newly announced changes, hourly rates will rise to £69 in London and £65 outside the capital for housing, debt, asylum and immigration cases. Fixed fees for legal aid work in these areas will also see a 10% boost. The government hopes the funding injection will help tackle the substantial backlog of asylum cases and appeals that has built up.
The shortage of legal representation has caused appeals to take an average of 46 weeks, leaving tens of thousands of asylum seekers in limbo.
According to a legal aid expert
Figures show that by September 2023, nearly 63,000 cases were awaiting resolution in the first-tier tribunal immigration and asylum chamber – more than double the previous year’s caseload. Over half of all asylum applicants in England and Wales this year were unable to access a legal aid lawyer.
Lawyers’ Legal Action Prompts Change
The fee increase comes after Duncan Lewis solicitors launched judicial review proceedings, challenging the government’s failure to raise legal aid rates. The new administration agreed to settle the claim and consult on boosting fees. A full consultation on further rate increases will follow in January 2025.
With the increases proposed in response to the judicial review claim brought by Duncan Lewis, legal aid in these areas is put on a far more sustainable footing and those in need of representation will be far more likely to be able to get it when they need it most.
Jeremy Bloom, solicitor at Duncan Lewis
Additional Funding for Criminal Legal Aid
Alongside the fee hike for immigration and housing, the government has unveiled a £24 million funding boost for criminal legal aid. The extra cash will support police station and youth court work, as well as reimbursing travel time for solicitors in areas with fewer than two legal aid providers.
A Step in the Right Direction
While the 10% fee increase is undoubtedly welcome news for legal aid practitioners and their clients, many argue that it is just the first step in addressing the chronic underfunding of the system. Years of cuts and stagnant rates have taken their toll, eroding access to justice for society’s most vulnerable.
- Since 2010, legal aid spending in England and Wales has been slashed by over £950 million in real terms
- In 2021, just 7% of defendants in Crown Court cases were legally represented
- 70% of the public believe legal aid is underfunded
As the government launches its consultation on further reform in 2025, legal aid campaigners will be hoping for a more comprehensive overhaul of the system. For now though, the 10% fee increase offers a glimmer of hope for those fighting to ensure access to justice remains a reality, not just a promise, for all.
