> For the complete documentation index, see [llms.txt](https://avid-detention.gitbook.io/avid-handbook/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://avid-detention.gitbook.io/avid-handbook/legal-advice-and-representation/what-can-visitors-do/finding-a-legal-advisor-for-a-person-detained-under-immigration-powers-in-the-prison-estate.md). # Finding a legal advisor for a person detained under immigration powers in the prison estate Unlike in IRCs, there are no in person Legal Aid Agency immigration advice surgeries operating in prisons. In February 2021 in the case of *SM v Lord Chancellor* the High Court found the lack of immigration legal advice in prisons to be unlawful. In response to the judgement, on 1st November 2021 the Legal Aid Agency amended the legal aid contract to provide a legal advice service for all people detained under immigration powers held in prison, where they can access 30 minutes of advice without reference to their financial eligibility. How this is supposed to work is the detained person calls a law firm with a legal aid contract, explains they are being held in prison under immigration powers and arrangements can be made for that person to receive 30 minutes free legal advice. A list of legal aid providers should be made available by the prison. You can find a [directory of legal aid providers on the government website](https://www.gov.uk/government/publications/directory-of-legal-aid-providers). The reality is that people still struggle to find representation. [A report by BiD](https://hubble-live-assets.s3.amazonaws.com/biduk/file_asset/file/635/BiD_Prisons_Report_page_1__1_.pdf) on the issue found “overall very few people have been successful in contacting immigration legal aid solicitors under the scheme, and only 11% of participants said they received 30 minutes' immigration advice. People stated that it is virtually impossible to get any assistance with immigration advice from within prison without assistance provided by people they are connected to outside of the prison, such as friends or family. Officers were described as unhelpful or uncaring, or were seen to be discriminating against foreign nationals. All these problems are exacerbated for those who do not speak English." \[1] If you are helping a person detained in prison to find a legal aid immigration solicitor, you should first call the firm or organisation and ask if they have a legal aid contract and arrange the 30 minutes free legal advice accordingly. Legal aid beyond this 30 minutes of advice is available only in very limited circumstances in England and Wales (see [What is legal aid and what does it cover?](/avid-handbook/legal-advice-and-representation/legal-advice-and-representation/what-is-legal-aid-and-what-does-it-cover.md)). However, it might be possible for individuals to apply for Exceptional Case Funding (ECF) from the Legal Aid Agency. ECF is available for people for whom their human rights would be breached if they did not have access to a lawyer. If it is not possible to find a legal aid immigration solicitor, visitors can explore other avenues including university law clinics, law societies or an accredited legal charity, such as BiD or Kent for Refugee Help. {% hint style="success" %} ## R**esource tip** * A how-to guide for people making their own application for Exceptional Case Funding is available from Bail for Immigration Detainees, (2016): [Exceptional Funding: Applying for Legal Aid in Deportation Cases - A Guide for Individuals. ](https://hubble-live-assets.s3.amazonaws.com/biduk/redactor2_assets/files/565/1707_Exceptional_Funding-_Applying_for_Legal_Aid_in_Deportation_Cases) * Visitors can also refer people to [The SOAS ECF Law Clinic](https://www.soas.ac.uk/about/colleges-schools-and-departments/college-law-anthropology-and-politics/soas-llb/ba-llm/ma-law#:~:text=The%20SOAS%20ECF%20Clinic%20trains,the%20scope%20of%20legal%20aid.) by emailing [ECFclinic@soas.ac.uk.](mailto:ECFclinic@soas.ac.uk) The ECF Law Clinic helps people to apply for ECF and, if successful, helps them to identify a legal aid lawyer to take on their case. {% endhint %} Anyone detained in a prison will face additional barriers to communicate with their solicitor, the courts, bail sureties or witnesses, and may only be able to send faxes or copy documents at the discretion of a prison officer. Meeting deadlines for appeals and lodging applications, including bail applications, can be extremely difficult. Visitors may be able to help with these activities if the local arrangement with the prison allows for it. *** 1\. [Catch 2022, accessing immigration legal advice from prison, Bail for Immigration Detainees, July 2022](https://hubble-live-assets.s3.amazonaws.com/biduk/file_asset/file/635/BiD_Prisons_Report_page_1__1_.pdf) --- # Agent Instructions This documentation is published with GitBook. GitBook is the documentation platform designed so that both humans and AI agents can read, navigate, and reason over technical content effectively. Learn more at gitbook.com. ## Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question. 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