Future of Legal Aid

Debate between Andy Slaughter and Kate Green

Thursday 1st November 2018 Westminster Hall

[Andy Slaughter]

The figures speak for themselves. My hon. Friend is absolutely right. I am responding to a series of powerful interventions. Across the board, matter starts have gone down from more than 900,000 at their peak in 2010, to about 140,000 in the past year. That is a dramatic fall, but in some areas, such as welfare benefits, the decline has been even sharper.

[Kate Green (Stretford and Urmston) (Lab)]

I congratulate my hon. Friend on securing the debate. Does he agree that the absence of legal aid funding has driven legal aid solicitors and not-for-profit providers out of the market, which has left the door open to cowboy providers? They purport to be able to offer advice on immigration cases, for example, but that advice is poor quality, unreliable and, frankly, inaccurate, as I see repeatedly in my constituency.

[Andy Slaughter]

My hon. Friend raises that issue from a position of knowledge, as she used to serve on the magistrates bench. There is a deskilling of the professions because of the decline in the number of practitioners who can secure funds. Although informal and non-legal advice, such as that from McKenzie friends, can play its part, too often it is stepping in where proper professional legal advice is needed and, as my hon. Friend has said, it is too often being done by people who are, effectively, rogues.

It becomes wearing to hear Minister after Minister repeat the mantra that legal aid is an important part of our legal system and that all individuals must have access to justice, without ensuring that the resources are there to allow that to happen. That is a disconnect. Although I welcome the remit and engagement of the LASPO review, the feedback from those who have met the Department suggests that little action will follow the warm words we have heard. More specifically, this week’s Budget confirmed that the Department will continue to make hundreds of millions of pounds of cuts over the next five years, some of which will inevitably come from the legal aid budget. The Minister must realise that that is unsustainable and incompatible with her stated support for legal aid.

Let me try to make it easy for the Minister to say yes. In garnering public support for this debate, More United specified three asks to put to the Government to deal with some of the worst consequences of LASPO, which were: access to early advice, access to welfare advice and simpler criteria for obtaining legal aid.

Those will not be unfamiliar requests to the Minister, but they encapsulate solutions to three major and predicted calamities of LASPO. First, cutting early advice means problems fail to get sorted while they are small and manageable, with worse consequences to the individual and the state down the line. Secondly, taking welfare advice out of scope leaves those people who need help most struggling. Thirdly, restrictive and complex eligibility criteria have become an effective way of stopping even those of very limited means getting access to what legal aid is still available.

Homelessness among Refugees

Debate between Andy Slaughter and Kate Green

Tuesday 17th July 2018 Westminster Hall

[Kate Green]

I am grateful to the hon. Gentleman for making that point. I strongly support the right of asylum seekers to work when the Home Office has singularly failed to meet its own obligations to process cases and make a decision within the given timescale. As the hon. Gentleman says, allowing them to do so would enable them to maintain their skills, build up some savings and remain connected with the wider community. Although that may not be a matter for today’s Minister to address, it is certainly one that I strongly support.

Let us consider what action has been taken to date by the Government, because some initiatives have been welcome. The Home Office is rolling out the post-grant appointment service to smooth the referral to Jobcentre Plus for making an initial benefits claim. That follows a pilot in two regions last year, but there were some reports of problems. During a two-week period in February, the refugee support team at the British Red Cross asked 20 individuals in South Yorkshire about their experience of the warm handover pilot. Only one individual stated explicitly that they had received a phone call from Migrant Help, which provided the service. Eight individuals said they had not received any contact, while 11 were unsure whether they had. It may be that those are isolated cases, or that problems have since been resolved, but in a parliamentary answer to Baroness Lister on 29 June, Baroness Buscombe refused to publish the results of the Government’s evaluation of the pilot.

Although the commitment to provide advice and support to new refugees in the move-on period is a welcome addition to the new advice, issue resolution and eligibility contract, charities have seen communication from the Home Office that suggests that the support will be limited to operating the post-grant appointment service only. Advice and guidance in the move-on period must be more comprehensive if it is to address the issue of refugee destitution. In particular, closer working between the Government and third-sector providers is needed. I urge the Minister to encourage ministerial colleagues to publish the evaluation report on the post-grant appointment service pilot and to ensure that the lessons about the wider advice needs of refugees are acted on.

Of course, I am pleased that 35 asylum support liaison officers are now being appointed in a number of local authorities, funded by the controlling migration fund, but it is not clear how their work will be monitored and evaluated. I hope the Minister will say more about that this afternoon. The Government’s integrated communities fund is also intended to provide support for refugees, but again there is little detail as yet on how it will do that. Perhaps the Minister will be able to enlighten us.

It is welcome that national insurance numbers will now be included on the biometric residence permits that refugees receive. Usually, though not invariably, they arrive within a matter of days. That is helpful, because a national insurance number is required for payment of universal credit, although it is not necessary for making an application. The payment is essential for new refugees to pay for, among other things, their accommodation.

Significant problems continue with the issue of national insurance numbers. Some 65% of the new refugees seen by the British Red Cross in South Yorkshire over a two-week period in February during the move-on period had not had an application made to the Home Office for a national insurance number. Those who do not have one must complete the application process over the phone, which often takes 40 minutes. Apparently, 10 questions are asked at the start of the process before the individual is offered the services of an interpreter. Following that phone conversation, the new refugee has to attend a face-to-face appointment before the national insurance number is issued.

Those who lack a national insurance number include people who have joined a partner in the UK under the Dublin rules on refugee family reunion. The result is that sometimes quite large families are struggling to survive on the income from one single parent’s jobseeker’s allowance claim for six weeks or more, while their partner awaits their national insurance number. I have raised this issue previously with Home Office Ministers, but the problem remains unresolved.

Ultimately, this all places unnecessary barriers in the way of enabling new refugees to settle, receive benefits or wages and access suitable accommodation. Can the Minister say anything about what conversations are taking place across the relevant Government Departments to streamline and support refugees and to ensure that national insurance numbers are always issued swiftly and smoothly?

The Minister will be glad to know that I am now firmly in his ministerial territory. The Homelessness Reduction Act 2017 should be helpful, but its operation needs to be clarified and extended for refugees who are homeless or at risk of homelessness. Under the Act, from this October public authorities will be required to refer those at risk of homelessness to the local authority. That provision should be extended to cover providers of asylum accommodation.

[Andy Slaughter (Hammersmith) (Lab)]

I am glad my hon. Friend has mentioned the Homelessness Reduction Act. I led for the Opposition on that. There was a healthy degree of consensus then, as there seems to be in this debate. Is she, like me, looking for an assurance from the Minister that that consistency will now apply to extending the 28-day period to 56 days?

[Kate Green]

In a moment, I will ask the Minister exactly that.

Newly homeless people can get easement from job search requirements, being asked to focus instead on basic actions such as finding accommodation. That is at the discretion of their Jobcentre Plus work coach. It is not clear whether new refugees will be able to access a similar concession. In addition, refugees are treated as tier-two priority for alternative payment arrangements under universal credit. Alternative payment arrangements would mean, for example, that rent could be paid directly to their landlord, potentially making it easier for them to secure a tenancy. Will the Minister confirm whether any discussion is taking place between his Department and the Department for Work and Pensions on reprioritising refugees as tier one for alternative payment arrangements and on granting them easement from work search obligations so that they can concentrate on looking for accommodation?

Although the changes made to date are welcome, more is clearly needed to make them fully effective. The most important policy change to make, however, as has been alluded to around the Chamber this afternoon and which would ensure that newly recognised refugees do not end up destitute and at risk of homelessness, is to maintain Home Office support until mainstream benefits are ready to start, by extending the 28-day move-on period.

I am aware that on 3 July Baroness Williams claimed in a written answer to Baroness Lister that NACCOM’s “Mind the Gap” report

“does not show that these problems will be resolved by extending the 28 days period”,

but Ministers must be aware that there is widespread agreement among campaigners and, it would appear, in this House that it would do so.

At the very least, the move-on period should not start until someone receives all documentation, including a national insurance number, but I invite the Minister to be bolder. The Homelessness Reduction Act extends to 56 days the period during which someone can be deemed threatened with homelessness, and the universal credit waiting period is five weeks. The move-on period should be extended in line with those timescales—to have it otherwise is perverse and illogical.

In conclusion, the Government have more to do to ensure coherent, whole-system support across national and local government for those newly granted refugee status. We can be proud to give refuge to those who flee persecution and seek safety here and proud that refugees are welcome in our country, but too many begin their lives here in penury, and the system is to blame for that. Today, I hope that the Minister will take the chance to tell us the steps the Government will take to improve things.