header-logo header-logo

Ministry told to ditch its contracting plans

26 June 2018
Issue: 7799 / Categories: Legal News , Legal aid focus , Housing
printer mail-detail

The High Court has ordered the Ministry of Justice (MoJ) to abandon its plans to restructure its legal aid schemes for housing possession and eviction work.

The case, Law Centres Federation v Lord Chancellor [2018] EWHC 1588 (Admin), concerned proposed changes to the Housing Possession Court Duty Scheme (HPCDS), which provide legal advice and advocacy to people at risk of losing their home, usually due to rent arrears or mortgage debt.  

In a sharp rebuke to the MoJ, Mrs Justice Andrews held that the MoJ decision to contract for fewer but much larger housing solicitor duty desk schemes was ‘one that no reasonable decision-maker could reach on the state of the evidence that LAA [Legal Aid Agency] had gathered’. She ordered the MoJ to quash any new contracts.

The MoJ had decided to consolidate the existing 113 duty desk schemes into 47 schemes, and to move from fixed fees to a price competition among bidders, potentially driving fees lower.

The Law Centres Network (LCN), represented by the Public Law Project, argued the proposed changes were based on untested assumptions, therefore irrational, and there had not been proper analysis of its effect on people therefore there was a breach of the equality rule.

Delivering her judgment in [2018] EWHC 1588 (Admin), Andrews J said there was ‘a real risk that... clients using the HPCD service will no longer have the same access to the “wrap around” services that are not covered by legal aid and which may make all the difference to whether they end up homeless and destitute’.

Julie Bishop, LCN director, said: ‘This judicial review arose from our deep concern about the impact of changes, proposed for no good reason, on people about to lose their home.

‘With early legal advice almost entirely cut, duty desks are key to reaching people who could not find or access prior help. How can legal aid be a public service that is fit for purpose if it only solves part of people’s problems?’

An MoJ spokesperson said: ‘Our proposed reforms recognised the value of this vital service and made no change to the funding provided, however we will carefully consider this judgment and respond in due course. There will be no immediate impact on those needing emergency housing advice, nor representation for homeowners facing repossession and we will ensure this is the case going forward.’

Issue: 7799 / Categories: Legal News , Legal aid focus , Housing
printer mail-details

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll