News

BID and the Information Centre about Asylum & Refugees at the Runnymede Trust (ICAR) are today publishing the results of a second 6-monthly survey on legal representation across the immigration detention estate.  We first carried out this survey at the end of 2010 in response to longstanding concerns about the availability and quality of publicly-funded legal advice available to immigration detainees unable to afford a private solicitor. 

For full details of the findings of the June 2011 survey, including December 2010 findings for comparison click HERE

WHAT ARE OUR KEY FINDINGS?

32% of detainees who made a DDA appointment had to wait for more than one week to see an advisor

11% of detainees using the scheme were delayed for 2 weeks, 10% were delayed for 3 weeks, and 10% were delayed for 4 weeks or more.  

Fewer detainees know about the Detention Duty Advice scheme 

Under the DDA scheme, funded by the Legal Services Commission, detainees can meet with a contracted solicitor for 30 minutes free of charge in a non-means tested, non-merits tested session to determine whether the firm will take on their legal case.

The level of awareness of the DDA scheme has gone down to 42% of the detainees we interviewed (awareness stood at 53% in December 2010)

The proportion of detainees who had a 30 minute DDA session has gone down to 49% of our sample (from 61% in December 2010)

The proportion of those using the DDA scheme who were then taken on by the advisor (i.e. a new matter start was opened by the advisor) has increased dramatically to 64% (from 23% in December 2010).

However a greater proportion of detainees have a legal advisor since the last survey in December 2010

The proportion of detainees with a legal advisor has gone up to 65% (51% in Dec 2010)

The proportion of represented detainees who have a legal aid advisor has gone up to 73% (68% in Dec 2010) while the proportion of detainees with private solicitor has gone down to 27% (32% in Dec 2010)

The proportion of detainees who have never had a legal advisor while in detention has gone down to 12% (19% in Dec 2010)

The proportion of detainees who have lost a legal advisor as a result of a transfer between IRCs has gone up

In December 2010 23% of detainees interviewed told us that they had lost their legal advisor one or more times after moving to a different IRC.  By June 2011 that proportion had gone up to 32%.

New confusion and uncertainty among detainees about whether or not they have a legal advisor

We found uncertainty and confusion among some respondents who had seen a legal advisor. 11% of detainees interviewed told us that following a DDA appointment they had no idea whether they had a legal advisor or not.  This would suggest that communication with clients can be improved.

We asked detainees to tell us about their experiences of trying to find legal advisors while in detention.  This is what they said:

“I don’t know anything about legal aid in detention”

“It is very difficult to find a new solicitor, I only just found one in June since starting to look in February.   I feel I am being mentally tortured, being kept away from my wife and children in detention.  I thought I had to pay money, I didn’t understand how to get legal aid in detention.  Being in detention has made it much harder to find a solicitor”

"My appeal is pending, I have not been able to get help from a solicitor"

“I can't trust anybody.  It's very difficult to get help as I do not understand English very well” 

“I have had to do things myself like Judicial Review”

“Detainees need more information.  In my case I was not aware at all of the 30 minutes free session”

“It is really hidden, so not many people know about legal aid scheme”

“No one tells us.  Especially here no-one speaks my language [Detainee interviewed by a BID Urdu speaker)”

“It is very difficult to understand the system, how to get legal advice on how to know one's rights”

DETAILS OF THE SAMPLE

Sample of 147 detainees, every 4th open BID case, across all IRCs operational at the date of survey.

83% male, 17% female [male =122, female=25].  Detainees were interviewed between 3 May and 21st June

Largest nationality groups: Jamaica  (13), Nigeria (17), Pakistan (12), India (10), Zimbabwe (10), Algeria (9), Disputed/stateless (8), Somalia (8),  DRC (7)

Interviews were carried out as follows: Brook House (22); Campsfield (8); Colnbrook (27); Dover (18); Dungavel (3); Harmondsworth (40); Haslar (2), Lindholme (1); Morton Hall (1); Tinsley House (3); Yarl’s Wood (25).

Detainees held in prisons, family cases, and other BID priority cases (those cases where we prepare a bail application and find a barrister to represent at bail hearing) were not included in the interview sample.