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10 November 2021
Issue: 7956 / Categories: Legal News , Legal aid focus , Immigration & asylum
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Legal aid maladministration

The Legal Aid Agency (LAA) blocked three people who were sleeping rough from challenging deportation orders, the Parliamentary and Health Service Ombudsman (PHSO) has found
The three people, EU nationals living in the UK at the time, were served with deportation orders for not exercising their EU Treaty rights (a Home Office policy requirement at the time).

The three were represented by law centres (Public Interest Law Unit and, now closed, Lambeth Law Centre), which applied to the LAA for funding in 2017. According to the PHSO report, published last week, however, the LAA delayed its response, which resulted in the law centres self-funding the trio’s judicial review against what they claimed was an unlawful policy.

By the time the LAA provided the funding, one of the clients was detained and had their passport removed. Moreover, the LAA was only able to provide funding from the day of the decision to grant it, which meant the full cost of the legal challenges was not covered.

The law centres won the judicial review, R (Gureckis) v Home Secretary [2017] EWHC 3298 (Admin).

The PHSO found the LAA’s decision-making processes were unfair to applicants and stated its delays were unreasonable as it put applicants in a more vulnerable position. The LAA provided the funding after seven weeks for one applicant, 13 weeks for the second and six weeks for the third.

The PHSO recommended the LAA apologise to the law centres, pay the outstanding costs of about £50,000 and ensure it provided fair outcomes in the future.

The regulations on backdating of legal aid certificates changed in 2019.

Julie Bishop, director of the Law Centres Network, said: ‘This is not an isolated incident: many law centres and other legal aid providers face delayed decisions by LAA.

‘In some cases, we as a membership body are called upon to help get the law centre clarity with mere hours before a case is due to be heard in court. In our experience, these problems stem from a working culture within the LAA, and have nothing to do with protecting the public purse. In effect, it restricts access to legal aid.’

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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