On 5th February 2018, Lord Roberts asked Her Majesty’s Government ‘whether they intend to ensure that every failed asylum seeker, and anyone facing removal from the United Kingdom for whatever reason, has access to adequate legal advice.’ The Bishop of St Albans, Rt Revd Alan Smith, asked a follow-up question:
The Lord Bishop of St Albans: My Lords, research by the Children’s Society shows that unaccompanied and separated children are particularly vulnerable. Only 12 grants for exceptional case funding were made in 2015-16, fewer than 1% of the expected number of cases under the previous system. Hundreds of children are being left without a legal safety net. Can the Minister confirm that the situation of these children will be specifically considered within the review of the Legal Aid, Sentencing and Punishment of Offenders Act?
Lord Keen of Elie: My Lords, current figures show that 103 children were put into detention in immigration-related matters in 2016, of which 42 were under 12. Some of those may have been unaccompanied but, under the policy of the 2014 Act, unaccompanied children should not actually go into immigration removal centres; they should be held pending removal decisions. With regard to exceptional case funding, the figures for the first two quarters of 2017 indicate that the success rate for immigration-related applications was 73%. Some 65 applications were made during that period