Immigration updates

On this page:

Legal services for clients detained at Immigration Removal Centres (IRCs)
Early Legal Advice Project
Voluntary appointment system
Claiming interim payment for disbursements
UASC cases - enhanced Criminal Records Bureau checks for advisers
Advice to detainees in IRCs now exclusive

Legal services for clients detained at Immigration Removal Centres (IRCs)

In addition to the mainstream immigration contracts which began on 15 November, there are two separate exclusive schedule arrangements in the Immigration category of law. These schedules cover:

The Early Legal Advice Process (ELAP) cases;
Contract work at Immigration Removal Centres (IRCs) including:

a) onsite detention surgeries and;

b) the Fast Track Scheme.

Your Contract for Signature or Office Schedule(s) will show whether you hold an exclusive schedule. You must hold an exclusive schedule to provide contract work that is subject to an exclusive schedule arrangement other than in the circumstances set out in Paragraph 8.6 Standard Civil Contract Immigration Specification. This can be found on the 2010 Standard Civil Contract web page.

The appeals process and verification checks have now concluded and we can confirm that unconditional contracts have now been issued.

We have let these contracts to the providers detailed below allowing them to conduct IRC Surgery and/or Fast Track work at the locations specified.

Onsite Detention Surgeries
Location	Providers Awarded Schedule
Brook House	Duncan Lewis Immigration Advisory Service Lawrence Lupin Solicitors
Campsfield	Duncan Lewis Turpin Miller Solicitors Lawrence Lupin Solicitors
Colnbrook	Duncan Lewis Fadiga & Co Wilson Solicitors LLP
Dover	Duncan Lewis Howe & Co
Harmondsworth	Duncan Lewis Fadiga & Co Wilson Solicitors LLP
Haslar	Duncan Lewis Howe & Co Chartwell & Sadlers Solicitors
Lindholme	Fadiga & Co Halliday Reeves Law Firm Immigration Advisory Service
Tinsley House	Duncan Lewis Immigration Advisory Service Lawrence Lupin Solicitors
Yarls Wood	Duncan Lewis Fadiga & Co Wilson Solicitors LLP
Fast Track Scheme
Location	Providers Awarded Schedule
Harmondsworth	Duncan Lewis Fadiga & Co Howe & Co Lawrence Lupin Solicitors Thompson & Co Wilson Solicitors LLP
Yarls Wood	Duncan Lewis Fadiga & Co Howe & Co Lawrence Lupin Solicitors Thompson & Co Wilson Solicitors LLP

We have contacted all IRCs to confirm these arrangements.

Early Legal Advice Project

In 2006 the UK Border Agency (UKBA) and the LSC developed a proposal for improving the quality of asylum decisions. The Solihull Early Legal Advice Pilot aimed to allow representatives from the earliest stages of the asylum process.

The LSC and UKBA have concluded that further 'rollout testing' should be undertaken for at least 12 months. This rollout test will be called the ‘Early Legal Advice Process’ (ELAP).

This process will apply to all asylum matters routed to the Midlands and East of England Home Office region (identical to the Midlands and East of England LSC Procurement Area) from 15 November 2010 onwards. Only providers holding a schedule in that procurement area may undertake work on these cases.

Further information on the project, can be found on the Immigration policy development page.

Voluntary appointment system

Following three successful pilots of our online voluntary appointment system, as part of the 2010 Standard Civil Contract we intend to roll out the system across England and Wales from early 2011.

A new version of the system, incorporating changes suggested by providers and operators from the three pilots, is being developed by First Assist. This new system should start in Wales and Leeds in early 2011. The system will also be launched in Liverpool in 2011, operated by the Refugee Council.

In addition, working with the UK Border Agency, we aim to test the system in the Asylum Screening Unit in Croydon. This will allow asylum applicants to make an appointment with a legal representative at the point at which they claim asylum. This will help to ensure they access advice as early in the asylum process as possible.

This will also allow appointments to be offered to any applicant, regardless of whether they have their own accommodation, anywhere in England and Wales (outside of London). The system will allow clients to take into account the proximity of the representative, their gender and also the time/date they are available.

We're not planning currently to operate the system for applicants London due to the large volume of providers in the region.

Copies of the evaluations of the previous pilots of the system can be found on the Immigration Policy Development page.

Claiming interim payments for disbursements

Under the 2010 Standard Civil Contract (SCC), section 8.166, providers may submit a claim to the LSC for unpaid Controlled Work Disbursements (not including profit costs or counsel’s fees).

This rule should be read in conjunction with paragraph 1.53 of the SCC which confirms that matters opened under the previous Unified or General Civil Contracts will be payable under the terms of those contracts. This provision therefore does not apply to any case opened before 15 November 2010.

To be eligible to submit a claim for interim payment for disbursements, each of the following criteria will have to be met:

The matter was opened on/after 15 November 2010
At least 6 months have elapsed since the start of the matter
At least 6 months have elapsed since the last entitlement to report arose (see 8.67 and 8.108)
At least 6 months have elapsed since any previous interim claim for disbursements on the same matter has been made

An interim payment therefore cannot be made until at least 6 months from 15 November 2010 (May 2011).

Further guidance on how to report these claims including which Matter Type, Stage Reached and Outcome codes should be used will be published closer to May 2011.

In the meantime any questions should be directed to your relationship manager in the first instance or to the Immigration Policy Team

UASC cases - enhanced Criminal Records Bureau checks for advisers

Under the 2010 Standard Civil Contracts, providers are subject to new contract provisions when providing advice to Unaccompanied Asylum Seeking Children (UASC).

These provisions aim to ensure that the most vulnerable of clients receive a high quality, assured service from advisers who have been checked to ensure that they are suitable to work with children.

The key provisions require that

As per paragraph 8.16, all contract work conducted on behalf of a UASC must be carried out by a Level 2 senior caseworker or above
As per paragraph 8.11 (c) if intending to act for a client who is a UASC, the adviser must have had an enhanced Criminal Records Bureau check in the 24 months before instruction.
Providers should maintain a record of successful enhanced CRB checks. This record should be available to the LSC on request.
These provisions only apply to matters opened on/after 15 November 2010. Advisers do not need to be CRB checked to continue to advise clients on matters opened before this date.

If you wish to apply for an enhanced CRB check, go to the Criminal Records Bureau website for further information.

The LSC is not a registered organisation for the purposes of submitting your application for a CRB check. The CRB website provides a list of “umbrella” organisations that are registered with the CRB and can submit an application on your behalf. There are many umbrella bodies which provide services across the UK to all types of professional and voluntary organizations of all sizes.

The CRB website allows you to search your local area and by types of organisation to find one that you believe to be most appropriate. The list is not exhaustive so you may also wish to undertake your own search to find an appropriate organisation.

Sole practitioners should contact the Law Society who can then act as an umbrella organisation.

Advice to detainees in IRCs now exclusive

Under the 2010 Standard Civil Contract, only providers who hold contract schedules to undertake advice surgeries in the 9 Immigration Removal Centres may provide publicly funded advice to detainees in those centres. The exceptions to these arrangements can be found at paragraph 8.6 of the 2010 Standard Civil Contract.

Further guidance on the exclusive arrangements in the IRCs can be found on our Immigration contracts page.

Last updated: 18 January 2011