The government has announced increased legal aid fees for housing and immigration work. Civil legal aid rates have increased for the first time in almost 30 years. Attorneys and advocacy organizations have long fought for these changes, citing decades of static fees that have debilitated the system.

Long-Overdue Fee Increases

Legal aid fees for the housing and immigration sectors would increase by at least 10%. Hourly wages will increase to 69 GBP in the capital and 65 GBP outside.

Additionally, fixed fees will rise proportionately. The Ministry of Justice plans to spend £20 million by 2027–2028 to implement these measures completely by 2025–2026.

Since 1996, legal aid expenses for asylum work have not altered, and a 10% reduction in 2011 worsened matters. The task is unsustainable because the attorneys taking on these cases have only made £52 per hour. Due to the static rates, many practitioners were forced out of legal aid, leaving vulnerable people without legal assistance.

This shortage has negatively impacted asylum seekers, who already face many hurdles. In 2023–2024, almost 50% of claimants could not find legal assistance attorneys.

With asylum appeals taking an average of 46 weeks to conclude, systemic delays have increased. The immigration and asylum tribunal had more than 63,000 cases pending by September, twice as many as the previous year.

Lawyers and Advocates Welcome the Move

The announcement has received praise from the legal community. The Law Society emphasized the importance of the 10% increase, pointing out that hourly rates will rise by as much as 40% in certain situations. They claim that this action will lessen the strain on other public services and increase access to justice.

Duncan Lewis Solicitors voiced relief, challenging the lack of rate hikes in a judicial review. The company referred to the new tariffs as a "lifeline" for continuing operations and expanding capacity. Additional legal aid providers are expected to follow suit, enabling them to take on more cases.

Asylum Aid and other advocacy organizations applauded the action. They underlined the necessity of more extensive changes, such as restoring legal assistance for immigration-related areas that were cut off in 2012. These areas consist of Article 8 applications and family reunions.

Addressing a Broken System

The paucity of legal aid attorneys hampers the justice system. Thousands of asylum applicants have been left in limbo because there are insufficient practitioners. Resolutions have been further delayed because many are obliged to represent themselves.

The government intends to reduce the backlog by raising fees. As a result of the delays, costs have increased, and asylum seekers are now staying in hotels for longer. The budget increase seeks to address these problems and increase the sustainability of legal aid.

More consultations over the modifications will take place in January 2025. The Bar Council and other legal organizations will examine these recommendations to determine their long-term effects.

FAQS

How much will the cost of legal aid go up?

Legal aid fees for the housing and immigration sectors would rise by at least 10%. Outside of London, the new hourly costs will be £65, and inside London, £69. Additionally, fixed fees will be increased proportionately.

How will this increase in funds affect the backlog of asylum cases?

The administration anticipates that the rise in legal aid fees will help reduce the backlog of over 63,000 unresolved asylum cases. As additional attorneys become available, the processing timeframes for these cases should decrease.