Second successive legal advice survey to record lowest ever access to representation as use of immigration detention continues to rise
The latest legal advice survey by Bail for Immigration Detainees (BID) has found that access to legal representation for people held in immigration detention has fallen to its lowest level since the charity began monitoring the issue in 2010.
Image credit: WikipediaYou can download BID's Spring 2026 legal advice survey here.
The report, based on interviews with detainees across five immigration removal centres, found that only 27% of respondents were represented by a lawyer. BID noted this was the second consecutive survey to record the lowest level of legal representation. BID's previous November 2025 legal advice survey found "shockingly low" levels of legal representation.
The findings come as the use of immigration detention continues to rise. According to official statistics cited in the report, 22,996 people entered immigration detention in the year to December 2025, an increase of 11% on the previous year. BID warns that access to legal advice is becoming increasingly important as more people face detention and potential deportation.
The report identifies a shortage of legal aid provision and limited capacity among immigration lawyers as the main barriers to representation. Among detainees surveyed, many said they had been unable to find a lawyer willing to take on their case, while others described difficulties maintaining contact with legal representatives. "Every time I ask for advice, they say they can't take on my case," one respondent said. Other respondents reported poor quality legal advice, with one remarking: "The solicitor didn't even know who my caseworker was. He seemed incompetent, [spoke to me] close to closing time and [made] lots of promises."
More than half of respondents (53%) said they or a family member had worked on their own immigration case or relied on internet research because they did not have legal representation or sufficient advice. Several detainees described this as difficult because of the complexity of immigration law and restrictions on internet access.
One respondent said: "Yes, but it is hard […] I know I'm not a lawyer, so I don't feel this is a feasible alternative." Another reported that "a lot of websites are blocked", making it harder to obtain information and documentation relevant to their case.
Awareness of free legal advice was high, with 87% of respondents aware of their entitlement to assistance through the Detained Duty Advice Scheme (DDAS). However, the report says that the scheme is not functioning effectively in practice. Respondents described long waits for appointments, difficulties contacting advisers, short consultations and poor-quality advice.
The report states: "The overall uncertainty and lack of legal advice are immensely challenging for people in immigration detention." One detainee told BID: "It is hard to persist without knowing what is happening/hearing no news about the outcome."
Only 31% of respondents said they had received advice on applying for immigration bail, while 40% reported receiving information about Exceptional Case Funding, a mechanism that can make legal aid available in some cases that would otherwise fall outside its scope.
The survey also highlights the personal impact of detention and uncertainty. Some respondents described deteriorating mental health, feelings of isolation and difficulties accessing support. One participant said: "The whole process of being in prison has been mentally and physically tiring."
BID says the report's findings demonstrate an urgent need to improve access to legal advice and representation for people deprived of their liberty under immigration powers. Its recommendations include the automatic allocation of a legal aid immigration lawyer within 48 hours of detention, restoring legal aid coverage for all immigration cases, improving access to advice for people detained in prisons under immigration powers, and reviewing the operation of the Detained Duty Advice Scheme.
Pierre Makhlouf, BID's Head of Policy and Strategic Litigation, commented: "At a time when detention and deportation are ramping up, it is more important than ever that detained individuals are able to access quality, consistent legal aid representation for their immigration cases, which are often complex and almost impossible to navigate alone. BID is calling for the automatic allocation of a legal aid lawyer for every individual in detention, until the point that they are removed from the UK or until they are given leave to remain."