Legal aid reinstated to unaccompanied children after government U-turn

The government has U-turned on its decision to deny legal aid to unaccompanied migrant children following a judicial review brought by The Children’s Society.

Legal aid for unaccompanied minors in the UK will now be restored after the government was forced to admit that its policy may have denied access to justice to 150,000 vulnerable children, and even put some at risk of exploitation.

The Children’s Society, supported by other civil society organisations, conducted a five-year legal challenge on behalf of the separated and unaccompanied children, who have faced a punishing system of legal aid cuts and increasing Home Office fees since 2013. Some of the children deliberately denied legal aid by the Home Office have been through horrific ordeals, including being trafficked by criminals, while only a small number have received the legal aid they need through ‘exceptional case’ funding.

Lucy Frazer MP, a junior justice minister in the government, said: “Following a judicial review brought by the Children’s Society, we have examined both the evidence presented as part of the case and our data on applications for funding. Based on the distinct nature of the cohort in question, and of our data regarding them, I have decided to bring these cases into the scope of legal aid to ensure access to justice.”

Matthew Reed, chief executive of The Children’s Society, said: “This is an important change in policy which will go a long way to protecting some of the most marginalised and vulnerable young people in our communities. Legal aid is absolutely vital for ensuring that children can access justice. For children who are subject to immigration control and who are in this country on their own, it is an absolute life line. The government should be commended for this significant change for children and young people.”