Vicash Ramkissoon
Ministry of Justice Confirms Legal Aid Fee Increase
The Ministry of Justice has today confirmed a 30% increase in civil legal aid fees for immigration and asylum controlled work, following its consultation titled “Civil Legal Aid: Towards a Sustainable Future”. The increase is a direct result of a legal claim brought by Duncan Lewis Solicitors against the Lord Chancellor, which was settled in 2024 on the basis that the government agreed to make a decision on whether to increase the fees and rates payable for controlled work in the field of immigration and asylum.
This fee increase marks a significant moment for the sustainability of the legal aid system—particularly in the immigration and asylum sector, which has faced a severe retention and capacity crisis for years.
Jeremy Bloom, Consultant Solicitor at Duncan Lewis, said:
“The MOJ’s consultation response is a welcome recognition of the neglect of the civil legal aid system under previous governments and the acute crisis in access to justice in civil legal aid, particularly in immigration and asylum.
Importantly, the MOJ has recognised the link between provider sustainability and the inability of individuals to access representation. That is the crux of the legal case Duncan Lewis brought in R (Duncan Lewis) v Lord Chancellor (AC-2024-LON-001935), which settled on the basis that this consultation and decision would follow.
The Controlled Work fee increases are welcome, but the decision leaves other areas—such as Licensed Work—at risk, where qualified solicitors are essential to manage complex cases. The government must act further if it is serious about ensuring access to justice across the civil legal aid sector.”
Legal Action by Duncan Lewis Solicitors
In September 2024, Duncan Lewis settled its judicial review challenge against the Lord Chancellor’s longstanding failure to increase rates for immigration and asylum legal aid work, which had not risen since 1996. The claim was supported by a wide range of expert and provider evidence, including testimony from Wilsons LLP, Care4Calais, and Women Against Rape.
Further contributions came from organisations such as the Manuel Bravo Project, South London Refugee Association, Refugee Action, SOAS Detainee Support, West London Welcome, and Migrants Organise. Additionally, over 30 providers of immigration and asylum controlled work responded to a sector-wide survey conducted by Duncan Lewis.
Widespread Sector Support for Reform
The claim also drew on the overwhelming body of evidence submitted in response to previous consultations and calls for reform from across the legal aid sector—including statements from the Law Society, Immigration Law Practitioners’ Association (ILPA), Legal Aid Practitioners Group, Coram Children’s Legal Centre, Dr Jo Wilding, Justice Together, The Refugee Council, The Westminster Commission, The Anti-Trafficking and Labour Exploitation Unit (ATLEU), Young Legal Aid Lawyers, Public Law Project, Haringey Migrant Support Centre, Bail for Immigration Detainees, Helen Bamber Foundation, and the British Red Cross.
This collective body of evidence was reinforced by authoritative reports from the National Audit Office, the Justice and Public Accounts Select Committees, and the UN Human Rights Committee.
The legal team at Duncan Lewis was led by Toufique Hossain, Jeremy Bloom, Nina Kamp, and Elizabeth Cole, instructing Chris Buttler KC, Eleanor Mitchell, and Jack Boswell of Matrix Chambers.
A Step Forward, But Not the Finish Line
The new hourly rate for immigration and asylum controlled work in London will rise from £52.65 to £69.30, a 31% increase. While this restores some sustainability, the real-terms value of rates has still fallen by nearly 50% since 1996 due to inflation.
Duncan Lewis continues to urge the government to introduce an annual review mechanism for legal aid rates, to avoid future crises and reduce the need for litigation.
Read the MOJ’s full consultation response here:
MOJ consultation response – Civil legal aid
Government to boost legal aid funding – GOV.UK
Duncan Lewis Solicitors
Duncan Lewis Solicitors, an award-winning law firm, is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the Modern Law Awards 2023, further establishing its credentials as one of the leading law firms in the UK.