Accreditation scheme

On this page:

A new approach
About the scheme
Responsibilities
Getting accredited
Lists of accredited advisers

A new approach

The LSC, the Solicitors Regulation Authority (SRA) and the Office of the Immigration Services Commissioner (OISC) have agreed a new approach to the operation and administration of the Immigration and Asylum Accreditation Scheme (IAAS).

This clarifies the roles of the regulatory bodies and the LSC in relation to the scheme.

This will not result in significant changes to the process of accreditation for candidates. It will overcome existing ambiguities around accreditation and regulation, particularly in relation to issues of character and suitability.

Why the change?

Since the introduction of the IAAS there has been some confusion over the roles of the regulatory bodies (SRA and OISC) and the LSC when it comes to quality requirements for immigration advisers.

There has been some misunderstanding that there is:

“double regulation” as the LSC maintains a register of accredited representatives as well as the regulatory bodies
a lack of clarity over the process for dealing with complaints or concerns regarding the competence, character or behaviour of anyone accredited under IAAS.

Changes from October 2007

Therefore, from 1 October 2007 the LSC will require all advisers to be:

accredited to an appropriate standard under IAAS
registered with the relevant regulatory organisation for inclusion on their respective lists of approved accredited advisers (SRA register or OISC list of regulated advisers).

Furthermore, SRA or the Legal Complaints Service and OISC will continue to deal with complaints and regulatory matters concerning the character, conduct, behaviour or inadequate service of those they regulate.

If any complaint or regulatory matter concludes with an adviser being suspended or removed from their respective lists the adviser will be ineligible to perform publicly funded work under an LSC Immigration Contract until such time the adviser is reinstated or re-approved by the regulatory body.

The role of the SRA

As of 1 June 2007, the SRA took full responsibility for the operation of IAAS for solicitors and their employees.

The SRA alone will maintain the register of solicitors and their employees who have successfully completed the assessments for accredited, senior and advanced caseworkers.

The SRA has published full guidance relating to the operation of IAAS for Solicitors and their employees on its webiste.

The SRA has also taken on the administration of all applications for registration as a probationary immigration and asylum caseworker for LSC contract purposes.

It will maintain the register of all probationary caseworkers and ensure that they comply with the assessment requirements within the specified timescales. The form for applying for registration can be found on the SRA website.

Fuller details of how the IAAS will operate in practice are in IAAS Update 1 June 2007 under Related Documents.

About the scheme

We want to ensure that clients receive a quality service. We require all advisers (including solicitors) who carry out legal aid immigration and asylum work to comply with the terms of the SRA's Immigration and Asylum Accreditation Scheme (IAAS).

The IAAS provides five levels of accreditation:

Level 1 Probationer
Level 1 Accredited Caseworker
Level 2 Probationer
Level 2 Senior Caseworker
Level 3 Advanced Caseworker.

The levels specify the type of legal aid work an adviser may carry out. The IAAS Work Restrictions under Related Documents details the work permitted at each level.

Immigration and asylum legal aid providers must have at least one caseworker fully accredited at Level 2 who also holds the additional IAAS supervisor’s qualification.

Responsibilities

Only advisers fully accredited at Level 1, Level 2 or Level 3 may have day to day responsibility of their own case files.

Level 1 probationers may not have day to day responsibility for their own case files.

Only advisers accredited at Level 2 or 3 may have conduct of Controlled Legal Representation (preparation and advocacy relating to proceedings before the Asylum and Immigration Tribunal).

The LSC will not grant Controlled Legal Representation to any provider without a member of staff fully accredited at Level 2.

Getting accredited

The SRA is responsible for:

setting the standards against which assessments are made
the assessment process.

For further details please visit the SRA website.

New advisers who have not previously undertaken publicly funded immigration and asylum work may be entitled to a probationary period (Level 1 Probationer) upon registration.

This will allow the candidate to caryy out a limited amount of publicly funded work, as set out in the Work Restrictions, under close supervision for a set period of time whilst working towards full accredited status.

All applications to become a Probationer should be made to the SRA using their specified form.

Advisers who do not require or are not entitled to a probationary period may also register to sit the the assessments directly with an assessment organisation(s) appointed by SRA (currently only Central Law Training Ltd).

Lists of accredited advisers

The SRA maintains the only register of solicitors and their employees accredited at Level 1, Level 2 and Level 3.

Upon passing all the IAAS assessments at the relevant level solicitors and their employees should apply to the SRA for inclusion on this register.

Details of firms with IAAS registered solicitors or employees can be found on the SRA Find a solicitor website.

The LSC continues to maintain a list of other advisers (see related documents) who have achieved accredited status at either Level 1, Level 2 or Level 3 who are not solicitors or employees of solicitors. We will receive assessment results directly from the assessment organisation or regulatory bodies.

Last updated: 14 November 2007