A legal advice crisis for survivors of trafficking and modern slavery
After 30 years of neglect, the legal aid system is in crisis. The government is currently reviewing responses to their consultation on legal aid funding. This proposed the first increase to civil legal aid fees in 30 years, for housing and immigration advice specifically.
Together with 15 other organisations working on trafficking and modern slavery, we took the opportunity to tell the government about the particular legal advice crisis facing survivors and the changes needed to solve this crisis.
Access to quality and timely legally aided advice and representation is crucial for survivors of trafficking and modern slavery to access safety, rights and justice. Yet, survivors are unable to get quality legally aided advice when they need it. Some face lengthy delays to find a solicitor with capacity to take on a new case and many cannot find one at all. Others have to travel long distances to their solicitor, or rely on remote advice provision that often is not suitable.
The consequences of this crisis are devastating: homelessness, destitution, mental health problems, missed case deadlines, detention, removal, and re-trafficking.
Our group - which includes organisations that are survivor-led, providing direct assistance, designated non-statutory First Responders, and contracted to deliver the Modern Slavery Victim Care Contract - welcomes the Ministry of Justice’s commitment to rebuilding a neglected legal aid sector. An increase in civil legal aid fees is desperately needed, but it is just one part of the puzzle. We hope the government takes on board our recommendations for other important changes needed to ensure that survivors of this grave crime can access safety, rights and justice.
These include:
An appropriate funding model for trafficking and modern slavery cases: Immigration legal aid for trafficking and modern slavery cases should be paid on an hourly basis with rates of remuneration raised to a sustainable level
An efficient and streamlined administrative system for opening, reporting and billing legal aid matters, with frequent and regular payments to providers
Non means tested legal aid for survivors of trafficking and modern slavery
The following areas of law into scope of legal aid for all survivors: pre-NRM immigration advice; advice on identification as a victim of trafficking and modern slavery; and advice on the Criminal Injuries Compensation Scheme.
ATLEU has also responded in detail to the consultation from our experience as a small legal aid provider specialising in trafficking and modern slavery cases.