Dr. Jo Hynes and Joseph Summers Published: 17th December 2024 One year after the Ministry of Justice admitted there was a real problem with access to immigration legal aid throughout south-west England, a new report showcases the deep-rooted issues that still exist. Read the report “New depths of an ocean of unmet need?” has revealed a “mirage” of capacity in the south-west. This report follows the Government’s announcement of a boost to housing and immigration legal aid fees (the first fee increase since 1996.) PLP senior researcher Dr. Jo Hynes said: “The news of the fee increase could not have come at a more opportune time. Our detailed analysis of potential provider capacity has revealed shocking new depths of unmet legal need in south-west England. “The region urgently needs a boost in legal aid funding, so the proposed increase is a step in the right direction. It is good to see that the Government has engaged with a fundamental cause of the collapse in legal aid providers. “But given how challenging it has become to find a legal aid lawyer, there is still more that needs to be done.” In November 2023, the Ministry of Justice set up a list of legal aid providers outside of the south-west who may have capacity to give legal advice remotely. When researchers contacted everybody on that list over a period of six months, however, they consistently found limited capacity. This was particularly true for asylum appeals, as PLP found by working with refugee support organisations in the south-west. Between 14 February and 1 August 2024: There was no month where 50% or more providers listed had capacity. On average, 39% responded to say they had no capacity. 29% did not respond, probably showing a lack of capacity. 20% of providers had capacity, but not for asylum appeals. Only 11% of providers had capacity for asylum appeals. Often these providers would state that they needed to prioritise their current waiting lists of local clients. Dr. Jo Hynes said: “This approach has created a mirage of capacity. On the face of the directory, it looks like there are a range of providers able to take on cases. But when you actually call people up and ask if they can take on specific kinds of cases, this capacity doesn’t materialise. “The Legal Aid Agency must reassess how they monitor capacity and get a meaningful picture of the state of the sector. The Government must also start addressing the long-term structural challenges alongside this very welcome fee uplift. Legal aid must be fixed through a variety of means.” Questions remain for the Ministry of Justice about their recent fee increase, including: Will there be an independent fee review board to embed a better system? Will the legal aid increase still be restricted to only immigration and housing, given the risk of creating backlogs elsewhere? How will they tackle problems with recruitment and retention caused by the emotional toll and second-hand trauma of working in immigration law? Dr. Jo Hynes said: “Our research clearly shows that capacity for legal aid providers looks different in person than on paper. “Providers are working in extremely difficult circumstances to help protect the rights of people who have nowhere else to turn. This was particularly true this summer during the outbreaks of far-right and anti-migrant riots. “Given how high the stakes are for people seeking legal aid, the Government must continue to meaningfully engage with this unfolding crisis.” Read the report