Www.refugeecouncil.org.uk 1 Legal advice research Judith Dennis Lives in the balance 2011 Right to...

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www.refugeecouncil.org.uk 1 Legal advice research Judith Dennis Lives in the balance 2011 Right to Justice 2014 Good and not so good practice

Transcript of Www.refugeecouncil.org.uk 1 Legal advice research Judith Dennis Lives in the balance 2011 Right to...

Page 1: Www.refugeecouncil.org.uk 1 Legal advice research Judith Dennis Lives in the balance 2011 Right to Justice 2014 Good and not so good practice.

www.refugeecouncil.org.uk 1

Legal advice researchJudith Dennis

Lives in the balance 2011

Right to Justice 2014

Good and not so good practice

Page 2: Www.refugeecouncil.org.uk 1 Legal advice research Judith Dennis Lives in the balance 2011 Right to Justice 2014 Good and not so good practice.

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Lives in the Balance 2011

o To analyse the quality of legal advice and representation to separated children in the asylum system.

o Looked through the lens of one key actor – specialist Children’s Advisers (RC) .

o 10 young people some of whom were still in the process.

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Right to Justice 2014

o To assess the availability and quality of legal advice to unaccompanied migrant children in 7 EU countries.

o Desk research.o Interviews with experts e.g. legal reps,

ngos, Home Office.o A few young people who had

experienced the system- mainly quotes.

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Where the UK is doing well

o Funding asylum claims, interpreters, asylum appeals, expert reports.

o Legal advice for age challenges in the courts.

o ILPA training and resources.o Refugee Council Panel of Advisers.

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Where the UK is not doing well

o Lack of information for children , particularly in their own language, on the procedure and identifying good quality legal advice.

o Almost no requirement to be specialist (DBS check) and no monitoring of quality.

o No statutory guardian anywhere in the UK.

o Limits on legal aid for children not seeking asylum.

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Examples of good practice from other

countrieso Child friendly explanations – visual

tools(Belgium, Italy)o Specialist lawyers with on-going

training on relevant issues(Spain, Belgium)o Guardians – although some very

restrictive and lacking in sufficient resource

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“We have no one here in Belgium, but the guardian and lawyer, they are like a mother and father”.“I had to keep asking and by the time I got an answer I had only two weeks to decide about the appeal”.“When you go alone, maybe your head is not here and you cannot explain yourself well”.

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Research reports

o Lives in the Balancehttp://www.refugeecouncil.org.uk/

assets/0003/1125/Lives_in_the_balance.pdf

o Right to Justicehttp://www.ecre.org/component/

content/article/63-projects/325-right-to-justice.html

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