Access to Justice and Legal Aid for Separated Children in the UK

Legal aid is vital to ensure that those who cannot afford to pay for a lawyer are able to access to justice.  Prior to April 2013, legal aid was generally available to separated migrant children for all immigration applications that they may need to make, e.g. for cases which raised either asylum or Article 8 ECHR/EEA grounds, or a mixture.

Now, with a few exceptions, it is available only for protection claims. It is of concern that the removal of non-asylum cases from the ‘scope’ of legal aid has resulted in many more children being unable to access advice and representation, with the consequence that they are being denied access to justice and their Convention and/or EU rights breached.

Author: Polly Brendon

Publication date: November 24 2016