KEY FINDINGS
51% of detainees interviewed had a legal representative at the time of the survey. Of these, 32% of detainees with a representative were using a private (fee-paying) solicitor, and 68% were using a legal aid solicitor.
49% of detainees interviewed had no legal representative at the time of the survey, though they may have had a representative at a previous point in their detention.
19% of those interviewed had never had a legal representative while in immigration detention.
23% of detainees interviewed had lost their legal representative on one or more occasion as the result of a transfer between removal centres.
47% of detainees interviewed were unaware of the Detention Duty Advice (DDA) scheme. Of those that were aware of the scheme and had made an appointment for 30 minutes of initial advice, only 14% were subsequently taken on as a client by the contracted advice provider.
78% of detainees interviewed who had come to an IRC from prison had no immigration legal advice while they were in prison. 16% of detainees interviewed had been clients of RMJ when they closed down in June 2010.
Responding to longstanding concerns about the availability of legal advice to immigration detainees, BID together with the Information Centre about Asylum & Refugees at the Runnymede Trust, carried out a survey of the level of legal representation across the immigration detention estate at the end of 2010.
We also examined levels of awareness of the Detention Duty Advice (DDA) scheme, under which detainees can meet a contracted legal advice provider for 30 minutes at no charge to determine whether the firm will take on their legal case.
We asked detainees to tell us about their experiences of trying to find legal advisors while in detention. This is what they said:
- “I met with legal aid. I was told I had to wait a few weeks to see a solicitor, then I was told there were too many people waiting. I never heard back from them. I have not been able to find a new solicitor. I don’t know why I'm detained and I don’t really know what's happening with my case”
- “I have no one in this country to help me. I need a solicitor but I can’t find one who will take my case”
- “I don’t know what is happening all the time. I just sit in my room and wait” “I’m still waiting for a solicitor. I hope to have a solicitor soon. I'm working on it”
134 detainees were interviewed between 8th November 2010 and 17th December 2010. The random sample was drawn from open BID non-priority and non-family cases across all 10 IRCs operational at the time of the survey. Distribution was as follows: Brook House (17), Campsfield (7), Colnbrook (35), Dover (18), Dungavel (5), Harmondsworth (15), Haslar (7), Lindholme (6), Tinsley House (7), Yarl's Wood (17).
