Family ServicesDocument title

Family Services

Document control
Document title / Funding Legal Aid for UASC and no Recourse to Public Funds Cases
Document description / Guidance for social workers and Resources Panel
Document author / Carolyn Greenaway
Version control
Document production date / 27th August 2015
Document currency / When does the document require reviewing and/or updating (frequency e.g. Annually, Quarterly etc.)?
Clearance process
Quality approver / Date
Name of person and title responsible for the quality and appropriateness of the document – this should be service manager or above / Carolyn Greenaway
Release approver / Date
Name of person who approves the document to be added to the Document Bank – this should be the Head of Service or above / Jo Pymont

Contents

1.Introduction

2.Heading

2.1.What will be funded

2.2 What will not be funded…………………………………………………………………………….3

3.Issues to be taken into account when considering requests for funding

3.1 Is the application/appeal likely to be successful……………………………………………….3

3.2 When should an appeal be made………………………………………………………………….4

3.3 Requests for legal funding for naturalisation applications…………………………………..4

4.Recommendations/ Conclusion

1.Introduction

Recent restrictions to legal aid funding have resulted in a situation where funding will only be available for leaver to remain appeals and extensions in very specific circumstances. This is likely to lead to an increase in the number of UASC and care leavers requesting financial assistance from the local authority in order to pursue their immigration applications.

In addition there have been significant increases to Home Office fees applicable from 6th April 2015, including applications for settlement.

2.What will and will not be funded

2.1.What will be funded

Asylum applications and appeals will continue to be funded by legal aid.

Applications made on the grounds of domestic violence and trafficking will be funded by legal aid

Home Office application fees will be funded if the person is a child at the time of making and is being provided with assistance by a local authority

2.2What will not be funded?

Applications, appeals and extensions for Leave To Remain made under Article 8, Human Rights Act.

Home Office application fees where the young person is over 18 at the time of the application, even if they are being provided with assistance by a local authority.

  1. Issues to be taken into account when considering requests for funding

3.1Is the application/appeal likely to be successful?

  • What is the country of origin? Is there anything currently happening in that country which would influence an appeal decision?
  • How long has the young person been in the UK?
  • How old are they?
  • Is there any additional evidence which the young person can submit as part of their appeal?

An immigration lawyer would be able to give an idea of the likelihood of an appeal being successful or not. If it is less that 60% chance of success then funding should be refused.

3.2When should an appeal be made?

  • If the young person is refused asylum but granted limited leave to remain, a decision needs to be made as to whether to appeal the asylum refusal immediately, or whether to accept the Limited Leave decision and then seek to extend/appeal this at a later date.
  • The asylum appeal would be covered by legal aid, but the outcome may influence the likely success of any further Leave To Remain application or appeal.
  • An immigration lawyer would be able to advise on the tactical timing of appeals and the best route to take.

3.3Requests for legal funding for naturalisation applications.

  • These are usually agreed for children in care who have been granted indefinite leave to remain or asylum status.
  • These must be submitted prior to the young person’s 18th birthday in order to avoid the large Home Office fee which is attached to this application .

4.Recommendations/ Conclusion

  1. As a starting point, funding for appeals should not be agreed for young people over the age of 16 as these are less likely to succeed.
  1. Funding for appeals should not be agreed for young people from countries where asylum is unlikely to be granted eg Albania, Kosova, unless there are exceptional circumstances.
  1. Funding for appeals should not be agreed for any young people who have been involved in gang activity – Operation Nexus seeks to remove anyone known to be involved with gangs, even if there is no conviction.
  1. Where there is uncertainty over the likelihood of a successful appeal, a one off legal consultation should be considered prior to agreement to fund full legal costs
  1. If legal advice is sought, the Local Authority should be the client, as this enables the immigration lawyer to share information directly with the local authority. If the young person is the client then confidentiality may prevent information being shared.
  1. All naturalisation/citizenship applications for CIC must be made before the young person’s 18th birthday

1

Carolyn Greenaway

27th August 2015 v 1.1