For asylum seekers and migrants in the UK, accessing legal aid often feels like navigating an intricate labyrinth. Migrant Help, a charity funded primarily through government contracts, plays a pivotal role in assisting individuals with asylum support. However, the effectiveness of Migrant Help in delivering this support has been called into question. This analysis delves into the challenges faced by asylum seekers and explores recent developments that may signify a step towards improvement.
Who are Migrant Help?
Migrant Help is a UK-based charity with a mission to support asylum seekers, refugees, and victims of trafficking and slavery. Funded by government contracts, Migrant Help provides crucial services, including administering asylum support payments on behalf of the Home Office. These payments, offered under Section 95 for asylum seekers and Section 4 for some failed asylum seekers, are often the sole financial lifeline for those navigating the immigration system.
Support is typically delivered through free accommodation and financial aid via an Aspen card. However, obtaining proof of asylum support—a necessity for accessing legal aid—has proven to be a significant hurdle.
Obtaining Proof of Asylum Support
Legal aid in the UK is means-tested, requiring asylum seekers to provide proof of their financial situation. For many, this involves obtaining written confirmation from Migrant Help or the Home Office, which must be no older than six months.
The process begins with an email to Migrant Help at proofofsupport@migranthelpuk.org. Migrant Help then forwards the request to the Home Office, which issues a confirmation letter directly to the individual. This roundabout process frequently results in lengthy delays. For asylum seekers dealing with urgent legal issues, such as filing appeals within 14 days, these delays can have serious consequences.
In urgent cases, solicitors may attempt to confirm asylum support by calling Migrant Help. However, this requires meticulous documentation, including details of the person spoken to, the type and amount of benefit received, and a computation period covering one calendar month up to the application date. Unfortunately, even this alternative is fraught with complications.
Recurring Issues with Migrant Help
Several recurring issues have significantly impacted Migrant Help’s effectiveness in assisting asylum seekers:
- Refusal to Accept Conference Calls
Vulnerable clients often rely on conference calls to communicate with Migrant Help. These calls, facilitated by solicitors, allow asylum seekers to provide consent and ensure accurate documentation. However, Migrant Help has frequently refused to participate in such calls, leaving asylum seekers and their legal representatives at a standstill.
Without legal aid funding, many clients cannot afford to travel to solicitors’ offices, exacerbating the problem. Migrant Help’s refusal to engage in conference calls adds unnecessary barriers for those already in difficult circumstances. - Delays in Providing Proof of Support
Migrant Help has faced widespread criticism for delays in issuing written proof of asylum support. In one notable case, a client urgently required legal assistance. Despite repeated requests on 20 June 2024 and 12 July 2024, the matter remained unresolved by 22 August 2024. By the time Migrant Help addressed the issue, it was too late to provide effective assistance.
Migrant Help’s Response
Following formal complaints, Migrant Help made several commitments to address these issues:
- Conference Calls: Migrant Help has stated they now accept conference calls between solicitors and clients. However, instances of refusal persist. Migrant Help assured that additional training had been provided to their helpline staff to ensure compliance moving forward.
- Delays and Escalations: Migrant Help denied systemic delays but suggested unresolved cases should be escalated via escalations@migranthelpuk.org. Unfortunately, this email address is buried in automated responses, listed under a vague subheading in small print. Additionally, it is absent from Migrant Help’s complaints policy, which, while now available online, remains difficult to locate.
Lessons and Next Steps
The challenges with Migrant Help highlight the need for asylum seekers and solicitors to adopt proactive strategies:
- Document Interactions: Every interaction with Migrant Help should be documented and followed up with emails to ensure a clear paper trail.
- Escalate Promptly: Delays should be escalated to Migrant Help as soon as possible using the provided escalation process.
- Educate Clients: Solicitors must educate clients on navigating Migrant Help’s systems and escalating their cases effectively.
On a systemic level, several changes are essential:
- Improving Accessibility: Migrant Help must make their complaints policy and escalation procedures more prominent and accessible.
- Streamlining Processes: The Home Office and Migrant Help should collaborate to create a centralized digital platform for asylum support documentation, reducing delays.
- Independent Oversight: Regular audits and oversight of Migrant Help’s operations could improve accountability and service quality.
Final Thoughts
Migrant Help plays a critical role in supporting asylum seekers, but systemic inefficiencies continue to hinder its effectiveness. While recent assurances suggest some progress, much remains to be done to address recurring delays and communication barriers.
For asylum seekers, timely access to legal aid can be life-changing. The current shortcomings in this processes highlight the urgent need for reform. Practitioners, advocates, and policymakers must work together to hold Migrant Help and the broader system accountable, ensuring the most vulnerable are not left behind.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.