BackThe Parliamentary and Health Service Ombudsman (PHSO) published a summary of an investigation which found three vulnerable people living in the UK were locked out of accessing the justice system to challenge deportation orders, because of conflicting government procedures and lengthy delays.
A Law Centre charity that provides legal representation for people who have been treated unfairly by public bodies, complained to the Ombudsman after the Legal Aid Agency failed to provide legal aid to its clients in a fair and timely way.
The Ombudsman’s investigation found that the Agency’s decision-making processes were not always fair on applicants, particularly those in vulnerable circumstances. Once the Centre had flagged this inherent unfairness, the Agency should have addressed it, which it did not. The Ombudsman also found the delays were unreasonable and that these failings placed vulnerable people in an even more precarious situation.
He recommended the Agency apologise to the Law Centre, pay the costs the Centre was unable to recoup because of its failings and review its processes to make sure they provide fair outcomes for all.
Ombudsman Rob Behrens, said:
“Access to justice through legal representation is a fundamental right. Whatever their circumstances, individuals must be able to hold public bodies to account, challenge unfair processes, and defend their human rights through the justice system.”
“In this case, service failings essentially resulted in one government body blocking individuals from challenging the decisions of another. This sets a dangerous precedent and shows how vulnerable citizens’ rights can be when faced with ineffective and discriminatory government policies.”
“Government departments and agencies must make sure that nobody is unfairly disadvantaged by their processes. This is particularly pertinent now as the pandemic has exacerbated existing societal inequalities, which means more people are at risk of falling foul of government service failings.”
Visit the PHSO’s website for the press release and case summary.
Source: Office of the Parliamentary and Health Service Ombudsman (PHSO), UK
