How the Government’s legal aid cuts will affect victims of trafficking and domestic violence

Our system for dealing with these crimes is a shambles. In light of this, it is baffling that the Government is pursuing an approach to legal aid that even the Attorney General has refused to endorse.

We’re cracking down on immigrants. As I write this the UK Home Office’s Twitter feed is working itself into a frenzy over the arrest of some “suspected #immigrationoffenders”, posting invasive pictures of various people being nicked. And a few days ago Border Agency cops were accused of racially profiling people at tube stations.

The show of force will fizzle out. It always does, because the reality doesn’t match the perception. But while we have all this worthy endeavour, I trust we’ve not forgotten these words: “There are unacceptable levels of ignorance among police, social services and the UK Border Agency, which mean we fail victims of trafficking.”

Nor these: “An appalling outcome of such failure on the frontline is the fact that numerous victims of modern slavery are being prosecuted for offences they have committed as a result of being trafficked. This may include immigration offences or, in cases where people – often minors  – are trafficked into the UK to work in one of the thousands of British cannabis farms,  drugs offences...More must be done to ensure that vulnerable victims of modern slavery are not criminalised...Responsibility in government lies with the Minister for Immigration. This is wrong. Modern slavery is first and foremost a crime and not an immigration issue.”

These are the words of Iain Duncan Smith’s think tank, the Centre for Social Justice, which earlier this year produced a definitive report on this issue. As it makes clear (read from page 77 onwards), there is a massive conflict of interest in allowing the same authority to assess both whether someone needs help as a trafficking victim and how that person’s immigration status is going to pan out. It doesn’t help, of course, that victims of trafficking like women in brothels or children in cannabis farms, are often given false documents by their captors.

Our system for dealing with crimes like these is a shambles. Our Government has admitted there are failings itself, folding the wretched UK Border Authority back in house. It’s been the case for some time, but we’ve always offered some form of legal redress to those we’ve let down. In large part, we’ve been able to do this because we offer legal aid. But now the Government’s proposals suggest that legal aid for judicial reviews – which challenge the lawfulness of decisions made by public bodies – should be curtailed.

For charities working with victims of trafficking, the ongoing failings in the government’s approach are deeply worrying. Dr Russell Hargrave of Asylum Aid explains:

“Most victims of trafficking are terrified of the consequences if they ask for help. It’s difficult to exaggerate the hold that traffickers can have over them, so victims need to know there is support there when they need it. “But the current system falls way, way short. And instead of trying to improve the way people are treated, the government is restricting access to legal aid for anyone who needs to challenge the system’s myriad failings. I can’t see trafficking decisions improving, only more victims being abandoned to their fate”.

Trafficking is barely the start of it. Prossy Kakooza knows all too well how valuable legal aid can be. She fled Uganda after being horrifically assaulted due to her sexual orientation. She was violently raped by police officers and scalded with hot meat skewers. Her family bribed the guards to get her out of prison, but all of them apart from her mother wished to sacrifice her to “take the curse away”. Her mother managed to smuggle her to the United Kingdom.

The local GP in England was so horrified by the extent of her injuries that the police were called, and she received treatment for Post Traumatic Stress Disorder. At first, the Home Office refused her asylum application: they acknowledged she was brutally raped and burnt because of the medical evidence, but have dismissed the appalling attacks as "the random actions of individuals", and stated she could be returned to a different town in Uganda. This ignored the fact that gay people throughout the country face the threat of life imprisonment, and that in Uganda a reference has to be provided by your previous village when you move: there would be no escape from persecution.

“The solicitor suggested to me by the Home Office was terrible,” she tells me. “She never picked up her phone. It was only once I got in touch with the Greater Manchester Immigration Aid Unit that I got a decent service.” Prossy’s appeal was eventually upheld. The stress of the process combined with the trauma she’d suffered lead to a breakdown and suicide attempts, but she pulled through, now lives in Manchester, and is one of the volunteers who runs the Lesbian Immigration Support Group.

Prossy’s appeal process was supported by thousands of people who heard her story. But under these new proposals it would never have happened. The Government will no longer pay anything until a Judicial Review has been approved by the High Court. In practice, no lawyer could afford to prepare and bring a complex trafficking case without knowing if they’ll ever be paid.

Another issue with the proposals is that anyone who has not been legally living in the UK for more than a year will no longer have recourse to legal aid in civil cases. Grace’s tale was provided to me by the charity Save Justice.  She was brought to the UK as a dependent on her husband’s visa. Her husband subjected her and her children to horrific physical and psychological abuse. She managed to get away from him, but he tracked her and the children down. She managed to make an application for a non-molestation order in the Family Courts. Under the proposals, Grace would have not been able to receive legal aid to apply for the order within her first year of being granted refugee status by the Home Office.

*

Last week, protesters gathered outside the Old Bailey for a noisy protest against what the Government is doing. Here are a few points the speakers made:

  • Sadiq Khan said without legal aid the Birmingham Six would be in prison, while the killers of Stephen Lawrence would be free.
     
  • Shauneen Lambe, a leading child welfare lawyer, said without legal aid hundreds of vulnerable teenagers will be at risk of harm or falling into prostitution. She invited the assembled to look at the inscription on the Old Bailey’s great facade: “Defend the children of the poor and punish the wrongdoer.” “I’ve no doubt,” she said, “the Government are the wrongdoer.”
     
  • Anne Hall, the mother of Daniel Roque Hall (whose case I covered here), said her son would probably be dead without legal aid.

So you have to ask why the Government is carrying out a policy that even the Attorney General has refused to endorse. Last November, Chris Grayling ordered an “immediate examination” of the legal aid system following the trial of Abu Hamza. Since then Save Justice has been attempting to use the Freedom of Information Act to find out the terms of reference for it.

To date the MoJ has refused to answer the question three times using section 35 of the Freedom of Information Act - basically saying that the grounds for the formulation of the policy need protecting. A review by the Information Commissioner’s Office has now been requested. But this has been going on since November last year, so how much "safe space" does Grayling need? Shouldn't this investigation be happening by now? Did he opportunistically use Abu Hamza as a stick to bash legal aid without thinking about the implications of criticising, er, the right to a fair trial, which is a pretty basic tenet of our law? Surely not.

This is barely an issue of left or right wing politics. Contrary to the boneheaded wailing of some self-professed right wingers this is simply an issue of basic humanity in a modern, civilised, nominally Christian country that doesn’t wish to be a pariah state.

UPDATE 06/08/2013 08:00

A Ministry of Justice spokesman said:

This Government is determined to tackle the trafficking and exploitation of vulnerable men and women. It is vital that victims of trafficking receive specialised support and counselling, which is why the Government now provides £3 million a year to help victims of this merciless exploitation. Funding these experts means that hundreds of trafficking victims have been given invaluable support and a real chance to recover, while our work to raise awareness of trafficking means we are getting better at identifying victims and going after those who profit from this human misery. The proposed legal aid reforms would not impact on trafficking victims in the way suggested. We are determined to bring down the cost of legal aid, but not at the expense of the most vulnerable. Contrary to suggestions here legal aid would continue to be available for the initial stages of a judicial review case, and where victims of trafficking were seeking to claim asylum they would be exempt from the proposed residence test. Those who did not meet this residence test would also be entitled to apply for exceptional funding. England and Wales has one of the most expensive legal aid systems in the world and our reforms intend to ensure we get best value for every penny of around £2 billion a year of taxpayers' money we spend on it. We have been very clear we are listening to views from the consultation and are now carefully considering all of the responses before taking final decisions.

The Ministry of Justice in London. Photograph: Getty Images

Alan White's work has appeared in the Observer, Times, Private Eye, The National and the TLS. As John Heale, he is the author of One Blood: Inside Britain's Gang Culture.

Getty
Show Hide image

Jeremy Corbyn speech on terrorism and foreign policy: full text

The Labour leader laid out his vision for British foreign policy. 

Our whole nation has been united in shock and grief this week as a night out at a concert ended in horrific terror and the brutal slaughter of innocent people enjoying themselves. When I stood on Albert Square at the vigil in Manchester, there was a mood of unwavering defiance. The very act of thousands of people coming together sent a powerful message of solidarity and love. It was a profound human impulse to stand together, caring and strong. It was inspiring.

In the past few days, we have all perhaps thought a bit more about our country, our communities and our people. The people we have lost to atrocious violence or who have suffered grievous injury, so many of them heart-breakingly young .

 The people who we ask to protect us and care for us in the emergency services, who yet again did our country proud: the police; firefighters and paramedics; the nurses and doctors; people who never let us down and deserve all the support we can give them. And the people who did their best to help on that dreadful Monday night – the homeless men who rushed towards the carnage to comfort the dying, the taxi drivers who took the stranded home for free, the local people who offered comfort, and even their homes, to the teenagers who couldn’t find their parents.

They are the people of Manchester. But we know that attacks, such as the one at the Manchester Arena, could have happened anywhere and that the people in any city, town or village in Britain would have responded in the same way.

It is these people who are the strength and the heart of our society. They are the country we love and the country we seek to serve. That is the solidarity that defines our United Kingdom. That is the country I meet on the streets every day; the human warmth, the basic decency and kindness.

It is our compassion that defines the Britain I love. And it is compassion that the bereaved families need most of all at this time. To them I say: the whole country reaches out its arms to you and will be here for you not just this week, but in the weeks and years to come. Terrorists and their atrocious acts of cruelty and depravity will never divide us and will never prevail.

They didn’t in Westminster two months ago. They didn’t when Jo Cox was murdered a year ago. They didn’t in London on 7/7. The awe-inspiring response of the people of Manchester, and their inspirational acts of heroism and kindness, are a living demonstration that they will fail again.

But these vicious and contemptible acts do cause profound pain and suffering, and, among a tiny minority, they are used as an opportunity to try to turn communities against each other.

So let us all be clear, the man who unleashed carnage on Manchester, targeting the young and many young girls in particular, is no more representative of Muslims, than the murderer of Jo Cox spoke for anyone else. Young people and especially young women must and will be free to enjoy themselves in our society.

I have spent my political life working for peace and human rights and to bring an end to conflict and devastating wars. That will almost always mean talking to people you profoundly disagree with. That’s what conflict resolution is all about. But do not doubt my determination to take whatever action is necessary to keep our country safe and to protect our people on our streets, in our towns and cities, at our borders.

There is no question about the seriousness of what we face. Over recent years, the threat of terrorism has continued to grow. You deserve to know what a Labour Government will do to keep you and your family safe. Our approach will involve change at home and change abroad.

At home, we will reverse the cuts to our emergency services and police. Once again in Manchester, they have proved to be the best of us. Austerity has to stop at the A&E ward and at the police station door. We cannot be protected and cared for on the cheap. There will be more police on the streets under a Labour Government. And if the security services need more resources to keep track of those who wish to murder and maim, then they should get them.  

We will also change what we do abroad. Many experts, including professionals in our intelligence and security services have pointed to the connections between wars our government has supported or fought in other countries, such as Libya, and terrorism here at home.

That assessment in no way reduces the guilt of those who attack our children. Those terrorists will forever be reviled and implacably held to account for their actions.

But an informed understanding of the causes of terrorism is an essential part of an effective response that will protect the security of our people, that fights rather than fuels terrorism.

Protecting this country requires us to be both strong against terrorism and strong against the causes of terrorism. The blame is with the terrorists, but if we are to protect our people we must be honest about what threatens our security.

Those causes certainly cannot be reduced to foreign policy decisions alone. Over the past fifteen years or so, a sub-culture of often suicidal violence has developed amongst a tiny minority of, mainly young, men, falsely drawing authority from Islamic beliefs and often nurtured in a prison system in urgent need of resources and reform. And no rationale based on the actions of any government can remotely excuse, or even adequately explain, outrages like this week’s massacre. But we must be brave enough to admit the war on terror is simply not working. We need a smarter way to reduce the threat from countries that nurture terrorists and generate terrorism.

That’s why I set out Labour’s approach to foreign policy earlier this month. It is focused on strengthening our national security in an increasingly dangerous world.

We must support our Armed Services, Foreign Office and International Development professionals, engaging with the world in a way that reduces conflict and builds peace and security.

Seeing the army on our own streets today is a stark reminder that the current approach has failed. So, I would like to take a moment to speak to our soldiers on the streets of Britain. You are doing your duty as you have done so many times before.

I want to assure you that, under my leadership, you will only be deployed abroad when there is a clear need and only when there is a plan and you have the resources to do your job to secure an outcome that delivers lasting peace.

That is my commitment to our armed services. This is my commitment to our country. I want the solidarity, humanity and compassion that we have seen on the streets of Manchester this week to be the values that guide our government. There can be no love of country if there is neglect or disregard for its people. No government can prevent every terrorist attack.  If an individual is determined enough and callous enough, sometimes they will get through.

But the responsibility of government is to minimise that chance, to ensure the police have the resources they need, that our foreign policy reduces rather than increases the threat to this country, and that at home we never surrender the freedoms we have won, and that terrorists are so determined to take away. Too often government has got it wrong on all three counts and insecurity is growing as a result. Whoever you decide should lead the next government must do better.

Today, we must stand united. United in our communities, united in our values and united in our determination to not let triumph those who would seek to divide us. So for the rest of this election campaign, we must be out there demonstrating what they would take away: our freedom; our democracy; our support for one another. Democracy will prevail. We must defend our democratic process, win our arguments by discussion and debate, and stand united against those who would seek to take our rights away, or who would divide us.

 Last week, I said that the Labour Party was about bringing our country together. Today I do not want to make a narrow party political point. Because all of us now need to stand together. Stand together in memory of those who have lost their lives. Stand together in solidarity with the city of Manchester. And – stand together for democracy.

Because when we talk about British values, including tolerance and mutual support, democracy is at the very heart of them. And our General Election campaigns are the centrepieces of our democracy – the moment all our people get to exercise their sovereign authority over their representatives.

Rallies, debates, campaigning in the marketplaces, knocking on doors, listening to people on the streets, at their workplaces and in their homes – all the arts of peaceful persuasion and discussion – are the stuff of our campaigns.

They all remind us that our government is not chosen at an autocrats’ whim or by religious decree and never cowed by a terrorist’s bomb.

Indeed, carrying on as normal is an act of defiance – democratic defiance – of those who do reject our commitment to democratic freedoms.

But we cannot carry on as though nothing happened in Manchester this week.

So, let the quality of our debate, over the next fortnight, be worthy of the country we are proud to defend. Let’s have our arguments without impugning anyone’s patriotism and without diluting the unity with which we stand against terror.

Together, we will be stronger. Together we can build a Britain worthy of those who died and those who have inspired us all in Manchester this week. Thank you.

0800 7318496