A small advice charity that commenced legal action against the Legal Aid Agency over a £35,000 payment demand for a case that ended 13 years ago has got its money back.
The Joint Council for the Welfare of Immigrants (JCWI) was told by the LAA earlier this year that it owed £35,000 in relation to payments on account for the case, which concerned Home Office rules for determining an application for a marriage visa.
JCWI disputed the amount but felt it was left with no choice but to pay the £35,000 in order to keep receiving income from legal aid work.
The charity issued judicial review proceedings over the payment demand. Now, the Gazette can reveal, the case has settled after the LAA decided not to contest the claim.
The LAA returned the £35,000 but JCWI co-legal director Laura Smith told the Gazette the payment demand took a major toll on the charity, with one staff member resigning because of the risk of redundancy.
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Smith added: ‘We were going through a difficult time. Our work is always so busy and fighting against the Home Office is always more than enough to get on with. Everyone is struggling at the moment and then this comes out of the blue. It really made life difficult. It was particularly disappointing when the government had said it recognised the very difficult situation facing immigration legal aid providers.’
JCWI will be writing to the LAA with its concerns about what happened, including concerns about LAA engagement over disclosure and no consideration to suspend recoupment while the matter was being investigated.
A spokesperson for the LAA said: ‘The Legal Aid Agency agreed to repayment upon receipt of information that had been previously requested and was only provided by the Joint Council for the Welfare of Immigrants upon issue of the legal claim. The proceedings were subsequently withdrawn by the Joint Council for the Welfare of Immigrants.’
Smith said JCWI provided as much information as the charity could before lodging a JR claim.
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