Introduction

One of the greatest injustices of immigration detention in the UK is that a significant proportion of people detained are not able to access good quality legal advice and representation throughout their entire time in detention. People detained under immigration powers are in an intrinsically vulnerable position and so require legal advice to address both their substantive immigration case (i.e. their application for seeking protection, entry or stay in the UK) and to challenge their ongoing detention by making regular applications for release.

Despite this essential need, access to legal advice for people in detention continues to deteriorate as a result of cuts to legal aid in the UK and due to changes made to the contracts with law firms who provide advice.

Legal advice is a topic of utmost concern and frustration for people in detention. This may be because, for example, they are trying to get a solicitor to help them but they do not qualify for legal aid under the current rules, or they are trying to make contact directly with their legal representative but cannot do so. As a visitor you will share that frustration, but there are ways you can help the person you visit.

This chapter explains what kind of legal advice people in detention need and where they can get it. It provides guidance on how visitors can provide appropriate support and assistance both to those with a legal advisor and those who need one.