In the amended grounds of claim the basis of challenge was broadly that:

• Unaccompanied and separated children are extremely vulnerable, and their vulnerabilities are exacerbated by insecure immigration status
• The potential immigration processes and proceedings they face in an attempt to regularise their status in the UK are extremely complex, such that children cannot be expected to navigate them alone
• The consequences of failing or being unable to navigate these complex procedures are fundamental and life changing
• The ECF scheme is an inadequate safeguard for this defined and narrow cohort

Further, significant evidence was obtained from lawyers, NGOs, and civil society organisations in relation to the adverse impact upon unaccompanied and separated children of being unable to access legal aid to resolve their non-asylum immigration law issues.  We are very grateful to all those who supported this work.

Following the submission of amended grounds and evidence in March 2018, the Lord Chancellor conceded that that there is a strong presumption that Article 8 of the European Convention on Human Rights requires legal aid to be granted to unaccompanied or separated children in relation to non-asylum immigration matters, and as a result agreed to lay a Statutory Instrument to bring legal aid for this group back into scope in relation to non-asylum immigration matters.