Asylum (UASC)
We advise local authorities on their duties relating to UASC and support them in defending legal challenges to age assessments, care provision and withdrawal of support
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Local authorities are facing challenging times dealing with increasing numbers of asylum seekers including Unaccompanied Asylum-Seeking Children (UASC) and the legal issues that can come with supporting them.
The treatment and support of asylum seekers entering the UK is under increasing scrutiny from refugee non-governmental organisations and private community care law firms, as well as the government and public. Cases need to be resolved swiftly and with expertise to avoid escalating problems and expensive legal proceedings.
Our Kent-based team has over 12 years of unparalleled, front line expertise in acting for local authorities. We have been at the forefront of case law relating to age assessments and matters relating to UASC.
We advise local authorities on their duties relating to UASC and support them in defending legal challenges to age assessments, care provision, and withdrawal of support. We also provide advice and support to local authorities dealing with families with no recourse to public funds (NRPF).
Meet the team
Areas of expertise
- Unaccompanied Asylum Seeking Children (UASC)
- No Recourse to Public Funds (NRPF)
- Human Rights Act (HRA)
- Age Assessments
- Triple Planning
- Leaving Care
Our expertise
- UASC: Children Act duties relating to unaccompanied asylum-seeking children and Care Leavers (UASC)
- NRPF: Children Act duties relating to families with no recourse to public funds (NRPF)
- Age Assessments: Support and direction in adopting a lawful practice on age assessments. In legal challenges, we provide step by step advice and representation in Judicial Review proceedings involving determinations on age
- Triple Planning: Advising on dual or triple planning perspectives and the best course of action to be adopted on a case-by-case basis
- Leaving Care: Advice on the statutory obligations the Local Authority has to UASC who are former relevant children
- HRA: Conducting quality assurance reviews for draft Human Rights Act assessments. In legal challenges, we provide advice and representation in Judicial Review proceedings
- Pre-Action Letters and Judicial Reviews: Responding to urgent pre-action judicial review letters in order to avoid expensive and time consuming legal proceedings relating to UASC and NRPF cases. We have a high success rate in defending Judicial Reviews
- Legislative Changes: Keeping you informed on legislative and case law changes, and how they will affect your practice
- Training: Bespoke training can be arranged for your local authority on a variety of asylum related subjects, followed by back up support and advice
Our approach
Having come from within the heart of a local authority, we know first-hand the challenges you face to remain compliant and fulfil your statutory obligations, all whilst demonstrating continual service improvement.
We develop partnerships with our clients to ensure that we work together seamlessly. The unmatched experience of our team makes it easy for them to identify issues from the outset and address them to save you time, money, and further legal problems later down the line.
Our team understands the need for timely, precise advice when dealing with Asylum cases and will match your local authority's pace. By instructing us early on in a matter, we save our clients a significant amount of money every year. This value-added approach means funds can be fed back into public services.
Our team
Our team has many years of front line expertise in acting for local authorities in Asylum related matters.
We have four members of the team who may work on your matter, supervised by Kerry Short, Senior Solicitor and Head of Community Care at Invicta Law.
Carmel Maher
Senior Solicitor
Carmel is passionate about providing expert legal support in emotive cases to local authorities who support UASC
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Harry Johnston-Sluka
Solicitor
Harry is commended by clients for his helpful and responsive approach to legal advice.
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Tricia Lawlor
Case Officer
Tricia understands the important of identifying issues from the outset and addressing them early on to save clients time, money and further legal problems later down the line.
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Maria Martin
Case Officer
Maria is passionate about providing support to clients and the Community Care group.
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“Kent County Council’s 18+ service is supported by the Invicta Law asylum team providing impeccable legal advice in assisting our service to support asylum seeking care leavers in Kent.”
Leaving Care Service - Kent County Council
“The Unaccompanied Asylum Seeking (UAS) Children’s Service is grateful for the support your team provides in defending its age assessments and responding to UAS child-related legal matters. I and the Service look forward to working with you in 2024-25.’ ”
UAS Children’s Service - Kent County Council
“South East Strategic Migration Partnership (SESPM) have worked successfully with Invicta Law over a number of years and their support, advice and training has been a key element to our work in this field. They have offered value for money training which has received extremely high levels of positive feedback from participating local authorities in the South East. Our experience is that the advice and training, especially related to Age Assessments and undertaking Human Rights Assessments, has been particularly helpful for local authorities here. ”
South East Strategic Migration Partnership
“The service so far has very good feedback for both of your case holders assisting. We thank you again for your supplemental service to Lambeth ASC at this very busy time for our in-house legal team.”
Community Care - London Borough of Lambeth
“The services we have had from Invicta Law have been excellent, both from the legal discussions but also the support we have received to increase my staff’s knowledge of the age assessment process. There have been times during some of our most challenging periods when I have communicated with members of your team at weekends and out of office hours, and the colleagues we have worked with have gone above and beyond in helping us in Torbay.”
Children's Services - Torbay Council
“I am writing in praise of your support. As someone in the firing line of an ultra-aggressive legal team for the first time in my life, this was a traumatic and, at times, upsetting process. You were at my side, dispensing wise and calming counsel throughout. You have been readily available when crises occurred, have been a wonderful listener and, in the end, we reached an outcome that was highly satisfactory for our school and its pupils. I cannot speak highly enough of the way that you handled this case, and I thank you and your firm for the support you gave me. Being a chair of governors, sworn to confidentiality, can be a lonely business! You kept me sane.”
Chair of School Governors
“You’ve been incredibly helpful with this. Thanks for always replying so promptly and for being a star.”
Private Sector Town Planning & Development Consultancy
“The experience has been really top end. Rather than just offering the options, they have given some real solid advice on the best route. It's a good business 'partnering' approach.”
Kent Fire and Rescue Service
“Their employment advice has always proved to be sound. I’ve worked with lots of different lawyers in London boroughs and I’d also say that Invicta Law is the most solution-focused.”
Kent Fire and Rescue Service
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