Press Release

Legal aid asylum victory

27 May 2005

The Legal Services Commission has successfully defended a High Court action against its immigration accreditation scheme. The Commission was also awarded its costs of approximately £4,000.

The accreditation scheme was introduced in April 2004 in order to address concerns over the quality of advice in immigration and asylum. The scheme becomes completely mandatory on 1 August 2005.

Four individuals applied for a Judicial Review of the scheme, alleging that it amounted to indirect racial discrimination.

In his reasons for disallowing the Judicial Review, Mr Justice Stanley Burnton said: "There is every justification for requiring demonstration of appropriate standards in immigration and asylum cases ... where there is evident and justifiable concern as to the standards of some lawyers and their staff".

Commenting on the judgment Crispin Passmore, Director of the Community Legal Service, said: "Accreditation is a key part of the Legal Services Commission’s focus on improving the services delivered to clients. We welcome the High Court’s decision in this case: these are vulnerable clients and we have a responsibility to ensure that they are able to access quality assured legal advice."

ENDS

Media information

Daniel Kellingley 020 7759 0415
Gary Spink 020 7759 0493

Notes to editors

1. Any Judicial Review refused on the papers carries with it a right to have the application reviewed orally; that request must, however, be made to the court in seven days.

2. In England and Wales there are currently 354 level one accredited caseworkers and an additional 846 advisers are accredited at the higher level two. The results of a further assessment round are expected at the end of June.

3. The Commission is carrying out equal opportunities monitoring of accreditation. An analysis of the findings will be published in the Commission’s Equalities Annual Reports.

Last updated: 28 December 2006