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Chapter 12 | Appeals: Right to Appeal and Representation
children often did not attend the appeal hearings
themselves. In February 2004, three of the 10
unaccompanied or separated children without representation
failed to appear at their appeal hearing,
and six out of the seven former unaccompanied or
separated children without representation failed to
appear. In May 2004, two out of the five unrepresented
unaccompanied or separated children failed
to attend his or her appeal hearing, and three of the
nine former unaccompanied or separated children
did not attend. In October 2004, two of the three
unaccompanied or separated children without legal
representation failed to appear, and 10 of the 26
former unaccompanied or separated children without
representation also failed to appear, and in two
further cases it was unclear if he or she had attended.
It was impossible on the data collected to ascertain
whether the unaccompanied or separated and former
unaccompanied or separated children who did
not attend understood that they could appear even
though they were not legally represented, or whether
they just believed that their appeals were bound
to be dismissed and that, therefore, there was no
point in attending. However, given the fact that the
research indicated that the decision to refuse public
funding was at times erroneous, it is possible that
they would have succeeded on appeal if they had
attended the hearing.
Unrepresented Children and Former Children
who Failed to Appear at Appeal Hearings: 2004
FEB MAY OCT
■ Unrepresented Children
Total 11 5 3
Failed to Appear 3 2 2
■ Unrepresented Former Children
Total 8 9 26
Failed to Appear 6 3 10
It was this lack of representation at appeal hearings
which first alerted the Child and Family Services
Team of the Legal Services Commission 57 to the
possible inadequacies of the existing system. Its figures
showed that between 1 January 2005 and 25
April 2005, 13% of 17 year olds, 6% of 16 year olds,
and 10% of those under 16 had been refused Controlled
Legal Representation for their asylum appeals.
Determinations on Appeals
by Unaccompanied or Separated Children
1 January 2005 to 25 April 2005
CLR 17 YRS 16 YRS UNDER 16
NUMBER % NUMBER % NUMBER %
■ Granted 105 – 87% 109 – 94% 87 – 90%
■ Refused 16 – 13% 7 –6% 10 –10%
58
Total 121 –100% 116 –100% 97–100%
The number of under 16 year olds being refused representation
raises questions about the quality of legal
representation, and in particular about whether
appropriate expert evidence is being adduced on their
behalf and taken into account in the decision making.
Our analysis of determinations between October
2003 and November 2004 shows that a significant
proportion of those denied representation were
from Iraq, Kosovo, or Afghanistan, countries perceived
as safe by the U.K. Government, and countries
to which most adult asylum seekers were being
returned. However, neither the Government nor
the courts had considered whether it was safe to
return former or current unaccompanied or separated
children to these countries. The experience
of legal practitioners representing such clients is
that many children and young adults remain terrified
of returning to their countries of origin, because
of their past experiences. This is particularly the
case if parents have been killed or disappeared.
Many of these clients have potential claims for
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