Widespread concern over the low numbers of exceptional cases granted by the Legal Aid Agency led to the issue being raised in the House of Lords last week. Refusals of claims for exceptional funding in cases involving immigration law are also subject to judicial review proceedings which will be heard in May.

 

Former legal aid minister, Lord Bach , on 11th February asked the minister responsible for legal aid in the Lords, Lord Faulks, if the exceptional cases rule contained within s10 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 “is working as intended.” In the debate which followed the Liberal Democrat peer Lord Thomas of Gresford observed that the government had been expecting between 5000-7000 applications, but that out of a total of 893 applications only 23 had been granted so far.

 

Lord Faulks said that “it is somewhat mysterious as to why so few have qualified” and went on to say that the latest figures for the number of applications granted was 31. He observed that that despite the low number of claims granted the government was “satisfied that the system is working in accordance with the section.”

 

Solicitors who have applied for exceptional funding have described it to LAG as “a very difficult process”. They fear that the LAA is adopting a near blanket policy of refusing applications. LAG agrees. We believe the Government should adopt the Low Commission's recommendations on the exceptional cases rules, which are to look at simplifying them and to consider paying solicitors for their time to complete the application process.

 

The hearing in May will deal with seven cases which were rejected by the LAA. These include refugee family reunion, trafficking and deportation immigration cases, as well as a general challenge to the exceptional cases rule. The joined cases have been listed for a four day hearing commencing on 17th May.

 

Picture Lord Bach