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Significant increase in immigration legal aid fees to be implemented as soon as possible

Summary

Following a consultation, Ministry of Justice announces uplift in hourly rates for all forms of immigration legal aid work

By EIN
Date of Publication:

The Ministry of Justice announced today that it will implement a significant increase in fees for immigration legal aid work as soon as operationally possible.

Justice statueImage credit: UK Government It follows feedback from a consultation into civil legal aid, which the Government responded to today. You can read the consultation response online here or download it here.

Sarah Sackman, the Minister of State for Courts and Legal Services, stated: "After considering the responses, we have decided to uplift the rates paid for all forms of housing and immigration legal aid work. The hourly rate in these sectors will increase to a minimum of £65.35/£69.30 per hour (non-London/London), alongside a proportional increase for fixed fees. Overall spending in these categories will increase by 24% and 30% respectively. This represents a significant investment – the first since 1996 – an increase of £20 million a year once fully implemented. Crucially, this will allow individuals to resolve issues at an earlier stage."

Hourly rates and fixed fees for immigration and asylum work will increase by between 10% and 41%. The fixed fee for asylum legal help will rise by 35%, from £413 to £559.

In its consultation response, the Government acknowledged acute pressures in the immigration legal aid sector, particularly due to the asylum backlog. Sarah Sackman noted in the response's foreword: "In immigration, the new government is serious and ambitious about ending hotel use and increasing returns. This can only be done with the support of legal aid professionals, which is why supporting the capacity of the sector is crucial."

The Government will now lay a statutory instrument to amend the Civil Legal Aid (Remuneration) Regulations 2013, introducing fee increases for immigration and housing legal aid. Related changes will also be made to the 2024 Standard Civil Contract. The fee uplifts will take effect from specified dates aligned with necessary digital and operational changes, with immigration implemented first. The increases will apply to all new legal aid certificates or determinations issued after those dates.

Sackman provided the following details in a ministerial statement today:

Statement

Today I am laying before Parliament the Government's Response to the consultation 'Civil Legal Aid: Towards A Sustainable Future'.

Civil legal aid providers face serious challenges around staff retention, profitability, and sustainability, meaning that support can be hard to access for many of those who need it most. This is particularly acute in housing and immigration.

The consultation paper was published on 24 January 2025. It invited responses on proposals to increase civil legal aid fees for housing & debt (hereafter 'housing') work, and immigration & asylum (hereafter 'immigration') work. It also sought evidence on potential changes to contractual requirements.

After considering the responses, we have decided to uplift the rates paid for all housing and immigration legal aid work. Overall spending in these categories will increase by 24% and 30% respectively. This represents a significant investment – the first since 1996 - an increase of £20 million a year once fully implemented.

Alongside this we are taking steps to simplify and harmonise certain fees. This will reduce administrative burdens for providers, simplify billing, and allow them to spend more time helping their clients.

This investment will help to ensure effective access to justice for some of the most vulnerable in our society, supporting a more stable and sustainable legal aid sector – one that is fit for the future and attracts and retains the brightest and the best practitioners.

It will also help us deliver our wider government ambitions, with investment in immigration legal aid vital to supporting this Government's ambition to end hotel use and increase returns. The investment in housing legal aid will help ensure a sustainable sector as we expand housing rights in the Renters' Rights Bill.

The uplifts will be implemented as soon as operationally possible, at which point we intend to bring forward a Statutory Instrument to amend the Civil Legal Aid (Remuneration) Regulations 2013 to reflect the fee changes.

Through the consultation, we have also gathered further important evidence to progress our thinking on potential changes to the current office and remote advice requirements set out in the Standard Civil Contract. Using this evidence, we will continue to review the Standard Civil Contract in these areas and consider next steps to ensure that we are supporting clients and providers as effectively as possible in the civil legal aid system.

I will place copies of the consultation response in the Libraries of the House.

The Ministry of Justice's consultation response sets out the new hourly rates and fixed fees in tables in Annex A, which also show the current fee and the percentage increase. Fee details for immigration and asylum work are excerpted and reproduced below:

Immigration and asylum controlled work fees

Hourly rates

ActivityCurrent rate% UpliftNew fee
London – preparation, attendance and advocacy£52.6532%£69.30
Non-London – preparation, attendance and advocacy£48.2435%£65.35
London – travel and waiting time£27.8125%£34.65
Non-London – travel and waiting time£27.0021%£32.70
London – routine letters out and telephone calls£4.0532%£5.35
Non-London – routine letters out and telephone calls£3.7838%£5.20
London – preparation, attendance and advocacy£51.6234%£69.30
Non-London – preparation, attendance and advocacy£47.3038%£65.35
London – travel and waiting time£27.2727%£34.65
Non-London – travel and waiting time£26.5123%£32.70
London – routine letters out and telephone calls£3.9635%£5.35
Non-London – routine letters out and telephone calls£3.6941%£5.20
London – preparation and attendance£57.8320%£69.30
Non-London – preparation and attendance£54.0921%£65.35
London – travel and waiting time£28.6221%£34.65
Non-London – travel and waiting time£27.8118%£32.70
London – routine letters out and telephone calls£4.1429%£5.35
Non-London – routine letters out and telephone calls£3.8734%£5.20
London – advocacy£65.7910%£72.35
Non-London – advocacy£65.7910%£72.35
London – preparation and attendance£55.0826%£69.30
Non-London – preparation and attendance£51.5327%£65.35
London – travel and waiting time£27.2727%£34.65
Non-London – travel and waiting time£26.5123%£32.70
London – routine letters out and telephone calls£3.9635%£5.35
Non-London – routine letters out and telephone calls£3.6941%£5.20
London – advocacy£62.6411%£69.30
Non-London – advocacy£62.6410%£68.90
London – preparation and attendance£55.0826%£69.30
Non-London – preparation and attendance£51.5327%£65.35
London – routine letters out and telephone calls£3.9635%£5.35
Non-London – routine letters out and telephone calls£3.6941%£5.20

Fixed fees

ActivityCurrent fee £Underlying hourly rate LondonUnderlying hourly rate Non-London% UpliftNew fee
Asylum – stage 1 (legal help)£413£52.65£48.2435%£559
Immigration – non-asylum – stage 1 (legal help)£234£52.65£48.2435%£317
Asylum – stage 2a£227£57.83£54.0921%£274
Immigration – non-asylum – stage 2a£227£57.83£54.0921%£274
Asylum – stage 2b£567£57.83£54.0921%£685
Immigration – non-asylum – stage 2b£454£57.83£54.0921%£549
Asylum – stage 2d£669£57.83£54.0921%£808
Immigration – non-asylum – stage 2d£628£57.83£54.0921%£759
Asylum – stage 2e£1,009£57.83£54.0921%£1,219
Immigration – non-asylum – stage 2e£855£57.83£54.0921%£1,033
Representation at UKVI interview£266£52.65£48.2435%£360
National Referral Mechanism advice£150£52.65£48.2435%£203
Oral case management review hearing£166£65.79£65.7910%£183
Telephone case management review hearing£90£65.79£65.7910%£99
Substantive hearing in the Asylum Chamber of the First-tier Tribunal£302£65.79£65.7910%£332
Substantive hearing in the Immigration Chamber of the First-tier Tribunal£237£65.79£65.7910%£261
Additional day substantive hearing – asylum/ immigration£161£65.79£65.7910%£177
Oral case management review hearing£166£65.79£65.7910%£183
Telephone case management review hearing£90£65.79£65.7910%£99
Substantive hearing in the Asylum Chamber of the First-tier Tribunal£302£65.79£65.7910%£332
Substantive hearing in the Immigration Chamber of the First-tier Tribunal£237£65.79£65.7910%£261
Additional day substantive hearing – asylum/ immigration£161£65.79£65.7910%£177
Immigration Removal Centre (IRC) advising 5 or more clients£360£51.62£47.3038%£497
IRC advising 4 clients or less£180£51.62£47.3038%£249
IRC standby payment (detained asylum casework)£34.02£51.62£47.3038%£47