The Shifting Sands of Legal Aid Deserts: Access to Justice for Asylum in 2022–24

In this article, I argue that the state creates legal advice deserts in immigration and asylum by designing law and policy which drive up legal need, driving down provision through unfavourable conditions for providers, and by placing people in need into areas from which they have no realistic prospect of accessing legal advice and representation. I draw on frameworks of spatial justice and of demand to analyse the impact of the legislative and policy developments in the Special Issue’s focal period of 2022–24 on legal aid in each of the UK’s three legal aid systems: England and Wales, Scotland, and Northern Ireland. The legislative changes included introducing new stages into asylum law, which created new legal needs. Policy changes drove a wholesale geographical shift in demand as all local authorities in the UK (except Scilly) now host people in the asylum process. The changes depended upon the involvement of legal aid lawyers in order to be workable, but the marketised model of legal aid provision in England and Wales, and the low-paid laissez faire model in Northern Ireland, are fundamentally incompatible with that demand. I conclude by arguing that legal aid cannot be an afterthought. Asylum policy should be shaped to reduce failure demand, while legal aid policy should be funded and designed so as to pay for the necessary provision, with interventions to remove the spatial inequalities in access to (legal) justice.

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Publication Details

Journal
Laws
Published
2025-09-04
DOI
https://doi.org/10.3390/laws14050064
Primary Topic
Migration, Refugees, and Integration
Type
article
Field-Weighted Citation Impact
0.00

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article

The Shifting Sands of Legal Aid Deserts: Access to Justice for Asylum in 2022–24

Jo Wilding
Laws
Migration, Refugees, and Integration
article

The Shifting Sands of Legal Aid Deserts: Access to Justice for Asylum in 2022–24

Jo Wilding
article en

Abstract

In this article, I argue that the state creates legal advice deserts in immigration and asylum by designing law and policy which drive up legal need, driving down provision through unfavourable conditions for providers, and by placing people in need into areas from which they have no realistic prospect of accessing legal advice and representation. I draw on frameworks of spatial justice and of demand to analyse the impact of the legislative and policy developments in the Special Issue’s focal period of 2022–24 on legal aid in each of the UK’s three legal aid systems: England and Wales, Scotland, and Northern Ireland. The legislative changes included introducing new stages into asylum law, which created new legal needs. Policy changes drove a wholesale geographical shift in demand as all local authorities in the UK (except Scilly) now host people in the asylum process. The changes depended upon the involvement of legal aid lawyers in order to be workable, but the marketised model of legal aid provision in England and Wales, and the low-paid laissez faire model in Northern Ireland, are fundamentally incompatible with that demand. I conclude by arguing that legal aid cannot be an afterthought. Asylum policy should be shaped to reduce failure demand, while legal aid policy should be funded and designed so as to pay for the necessary provision, with interventions to remove the spatial inequalities in access to (legal) justice.

LawsVol. 14(5)
University of Sussex (GB)
Economic and Social Research Council
Openalex Percentile: Top 68%
Migration, Refugees, and Integration
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