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ECF evidence requirements for separated migrant children

Applications no longer need to be supported by detailed evidence

The Legal Aid Agency has reminded advisers that in July 2018 guidance was introduced under section 4 of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) allowing Exceptional Case Funding applications by, or on behalf of, separated migrant children to be made without detailed evidence of issues relating to vulnerability and ability to participate in proceedings without legal aid.

This continues to be an interim measure whilst legislation and associated guidance is being drafted to bring immigration matters for separated migrant children into scope of LASPO. Once the legislation is laid, separated migrant children will be able to apply for legal aid directly to support their non-asylum immigration applications.

For the guidance, click here.