The Current State of Legal Aid Compensation in the UK

Published by:
James Turner

Reviewed by:
Alistair Vigier
Last Modified: 2023-08-16
Legal aid compensation in the UK is a major issue. Law firms in the UK are combatting the crisis of asylum seekers’ legal aid. Like an armoury running out of artillery, they are threatening to cease operations.
The essence of their demand?
A richer purse from the government’s treasury to save a system in peril of buckling under the weight of unrepresented asylum-seekers.
The playing field is littered with over 150,000 legal cases. Many of these files have been “gathering dust” on the lawyer’s desk. Akin to a dark cloud looming overhead, the backlog costs the UK government a colossal £6m per day.

Why UK Law Firms Are Rallying for Equitable Payment
This sum is being channelled into providing makeshift shelter in hotels for asylum-seekers, their lives hanging in the balance of an unending bureaucratic purgatory.
In a bid to reignite lawyers’ passion for such complex cases, the UK government advanced a proposal last month. A proposed 15% salary increment for legal aid providers was the carrot at the end of the stick, designed to slice through the legal aid backlog.
This supposed incentive has been met with a cold shoulder from law firms.
A letter to Justice Secretary Alex Chalk
In a letter to Justice Secretary Alex Chalk, 66 firms joined hands to voice their discontent. They vowed to withdraw from the legal aid asylum cases, turning a blind eye to fresh cases filed under the Illegal Migration Act. That is, of course, unless the government pays their firms more money.
Since 1996, the pendulum of immigration and asylum work fees has been frozen in time. Currently, it stands at a mere £52 per hour in London and a lower £47 in the outskirts.
This is barely half of what it should be, considering inflation. The UK lawyers are pressing for at least £100 per hour, arguing that anything less simply won’t cover the bills.
Legal Aid Compensation in the UK
Law firms forewarn of the impending catastrophe if their outcry falls on deaf ears. They say they will continue to prune their caseloads, leaving countless asylum-seekers rudderless in the labyrinth of legal proceedings.
As it stands, approximately 25,000 individuals are already adrift in the UK’s asylum maze without a compass, or a legal representative to guide them.
The backlog of UK asylum claims
Amongst the torrent of asylum-seekers sailing across the Channel in dinghies, Prime Minister Rishi Sunak has his work cut out. He has said that this crisis tops his to-do list as he prepares for the upcoming general elections next year.
He has taken an oath to bulldoze the towering backlog of asylum claims by 2023. But his ambitious intentions are caught in a whirlwind of legal hurdles, staffing woes, and a relentless influx of newcomers to the UK.
Legal professionals say they take issue with the Illegal Migration Act, the cornerstone of Sunak’s immigration policy. They contend that it stokes the already raging fires of the legal aid system.
The Impacts of Underfunded Legal Aid on Solicitors and Clients
This law prohibits anyone entering the UK without prior permission from filing for asylum. It then passes the buck to the Home Office to round up and deport these individuals.
Asylum seekers, who may have suffered torture or modern slavery, hold the legal right to challenge their removal under the Act. If the government doesn’t intervene, things could get messy.
Despite the storm of criticism, the government remains steadfast. They say that they are committed to working in tandem with service providers to guarantee access to legal counsel. They further say that they aim for speedy, fair processing of claims and to thwart smuggling gangs.
Whether this unwavering determination can withstand the onslaught from the legal community remains a question left unanswered.
Author: Alistair Vigier runs ClearwayLaw, an online legal platform for lawyers in the UK, Germany, and Canada. It has 500,000 lawyers on it. He is also the editor of Advocate Daily.
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