Press Release
Implementation of Immigration Accreditation
15 March 2005
Suppliers were informed last week by the Legal Services Commission, that the Immigration and Asylum Accreditation Scheme will not become mandatory for those with accredited staff until 1 August.
The Legal Services Commission has written to suppliers to inform them of their plans for a phased implementation of the scheme, which were discussed in advance with representative bodies.
The introduction of a compulsory scheme for those carrying out publicly funded work was consulted upon and announced as part of the package of legal aid reforms that came into effect in April 2004.
Despite widespread publicity about the scheme and four rounds of assessments, the Commission is concerned there may not be sufficient accredited advisers throughout England and Wales to guarantee access to services for clients if the scheme is implemented in full on 1 April 2005.
At present a total of 688 advisers have been accredited, 192 at level one and 496 at level two with a further 960 advisers expecting results at the end of March.
Accreditation will still be mandatory for those suppliers who do not have accredited staff in post on 1 April. However for those who have engaged with the process the deadline has been extended until 1 August. This will enable those staff who have been unsuccessful to re-take assessments in May whilst restricting the work that they can carry out in the meantime.
The Commission is confident that extending the deadline for full implementation will ensure that clients can continue to access legal advice in the short term. Regional Offices will be working with suppliers to ensure that this continues to be the case when full accreditation becomes mandatory on 1 August.
Paul Newell, Acting Asylum Programme Manager at the Legal Services Commission said: "I am pleased with the level of support that suppliers have shown for the accreditation scheme, which has been introduced to address the concerns over the quality of advice. The phased implementation is a necessary step to ensure that there is a smooth transition to a fully accredited supplier base and will ensure that clients can continue to access advice and representation.
"There are considerable challenges affecting immigration clients and all those involved in this area of work. Accreditation will help ensure that clients get the quality of advice they deserve and will demonstrate that those carrying out publicly funded immigration work are amongst the highest quality practitioners."
Janet Paraskeva, chief executive of the Law Society said: "The Society is delighted that the Legal Services Commission has agreed to our request for more time for advisers to complete their assessments. The extension until August balances the need to ensure quality advice for this vulnerable group of clients with a timetable that allows practitioners to become accredited."
Media information
Daniel Kellingley 020 7759 0415
Notes to editors
1) Accreditation will be mandatory on 1 April 2005 for all suppliers who do not have accredited staff.
2) Accreditation will be mandatory on 1 August 2005 for all those suppliers who have accredited staff.
3) From 1 April all suppliers will be allowed to continue with existing cases up to any Home Office refusal or conclusion whichever is earliest.
4) Arrangements for suppliers with an Accredited Supervisor and for Sole Practitioners.
·Accredited staff can work on new and existing cases at any level.
·Unaccredited staff who have passed two out of three assessments and are booked to retake the third assessment in May can work on new cases at the level registered and existing cases at any level.
·Other unaccredited staff can work on existing cases up to any home office refusal or conclusion whichever is earliest.
·These arrangements also apply when the Account Manager has agreed arrangements for external supervision.
5) Arrangements for suppliers without an Accredited Supervisor
·Accredited staff can work on new and existing cases at the level registered.
·Unaccredited staff can work on existing cases up to the Home Office decision or conclusion whichever is earliest.
6) A copy of the letter setting out full details of the accreditation implementation is available from Daniel Kellingley.
Last updated: 28 December 2006