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Separated migrant children to get better access to legal aid

A NEW British government legislation came into force today (25), which will enable vulnerable migrant children to get quicker and simpler access to legal aid.

Migrant children who have been separated from their parents will benefit from the legislation.


The Legal Aid for Separated Children Order 2019 will bring non-asylum immigration and citizenship matters into the scope of legal aid for under 18s.

Children who are not in the care of a parent, guardian or legal authority are the beneficiaries of this latest legislation.

Previously, vulnerable children making such applications to remain in the UK could only apply for legal aid through the Exceptional Case Funding (ECF) scheme.

Justice Minister Wendy Morton MP said: “This is a positive step to make sure we are offering the right support and protection to some of the most vulnerable in our society.

“These changes will mean migrant children who have been separated from their carers can access the vital legal support they need faster and more easily.

“The Ministry of Justice has worked with the Children’s Society and other children’s charities on the amendment and will continue to do so as it comes into force.”

Mark Russell, chief executive officer at Children’s Society, said: “…We look forward to working closely with the Ministry of Justice to ensure that affected children and the professionals supporting them know about this vital change.”

This amendment brings non-asylum immigration and citizenship matters into the scope of legal aid for under 18s who are not in the care of a parent, guardian or legal authority, including legal aid for applicants to the EU Settlement Scheme.

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