Enough is Enough: Law Centres vs MOJ
Enough is Enough: Law Centres vs MOJ
Latest: June 22, 2018
GREAT NEWS: WE WON!
Hi everyone,
I am writing to update you that this morning Mrs Justice Andrews DBE handed down her judgment, and it is a resounding success for our challenge!
The judge agreed with all of our main…
Read moreWho are we?
The Law Centres Network is the membership body for Law Centres and serves as their collective national voice. Law Centres across the country provide vital legal services to their communities in order to defend the legal rights of local people. Every day, Law Centres help people to save their homes, keep their jobs and protect their loved ones.
We are mounting a legal challenge against the Ministry of Justice (MoJ) for planned changes that will destroy the in-person, emergency support Law Centres are able to provide vulnerable people threatened with eviction.
We have been granted permission to proceed with a Judicial Review of the proposed MoJ changes. We need your support to ensure that the proposed changes by the MoJ do not devastate a successful service that prevents homelessness every day. Please contribute and share this page now!
Case background
Five years ago, cuts to civil legal aid have decimated funding for social welfare law, and Law Centres have born the brunt of these cuts. We have put up with these changes despite Law Centre closures. We expected that, when the damage to remaining legal aid became apparent, government would seek to repair it. This would ensure that legal aid runs more effectively and meaningfully upholds legal rights and protections for vulnerable people.
Instead, planned changes now threaten remaining in-person support which Law Centres and others offer vulnerable people threatened with eviction. We need to stand up and say, ENOUGH IS ENOUGH!
The housing possession court duty scheme (HPCDS) offers on-the-day face-to-face advice and advocacy at court to people facing possession proceedings.
Anyone in danger of eviction or having their property repossessed can get free legal advice and representation on the day of the hearing, regardless of their financial circumstances.
It is already an effective and timely intervention.
However, against the advice of people delivering the duty scheme, MoJ has decided to make two significant and untested changes to it:
- To consolidate the number of court duty schemes in order to provide 'larger and more sustainable' contracts despite 48 out of 59 consultation respondents disagreeing with the proposal. This would mean that less than a third of current schemes will remain; each will serve a much larger area, so people at risk of eviction would need to travel much farther and at great expense to get help to defend their homes
- To introduce price-competitive tendering despite 51 out of 59 objections. This would mean that instead of setting the fee for legal aid work, as government does elsewhere, providers have had to bid against one another. The Law Society has warned that is a race to the bottom, which risks affecting the quality of the service and its viability
We believe that these planned changes are a cut too far, and we are not alone.
Help us by adding your support to this legal challenge, so we preserve this vital lifeline for the tens of thousands who need it every year.
"'Attending the court duty schemes is important for law centres to advise vulnerable people at a time of real need. These are people who, by nature, do not seek help. This is why they end up in court facing eviction. The new contracting model therefore has a significant impact on access to justice and needs to be challenged.'." - Julie Bishop, Director of the Law Centres Network
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I'll share on FacebookLaw Centres Network
June 22, 2018
GREAT NEWS: WE WON!
Hi everyone,
I am writing to update you that this morning Mrs Justice Andrews DBE handed down her judgment, and it is a resounding success for our challenge!
The judge agreed with all of our main claims and has been very critical of the government's conduct on this issue. You can read highlights in our press release, or see the full judgment here.
We could not have got there without your support, and I want to thank you all for pledging it so readily.
This is really a victory for people's access to justice and, for our part, Law Centres will continue to fight for widening it!
Thanks again,
Julie
Law Centres Network
May 24, 2018
We've had our hearing - so now what?
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Law Centres Network
May 9, 2018
Initial target met - but wait, there's more!
THANK YOU VERY MUCH to each and every one of you who has pledged your support - we have now met our initial target!
We are cautiously optimistic about the prospects of this case. Firstly, we are instructing the Public Law Project to act for us in this case, and they have a very good track record with such challenges. Secondly, the High Court has listed our Judicial Review for a two-day hearing on 21-22 May, which suggests it thinks there is a case to answer here.
This challenge is important because the housing duty desk picks up various legal problems at crisis point, and is a key first step in resolving them. Only on Friday, Buzzfeed published an article which accompanied a Law Centre solicitor at the duty desk in Croydon, and showed how Universal Credit is driving people to the brink of eviction.
We will continue to take pledges for this case, to get us as close as possible to our stretch target. What we raise will go toward pre-permission costs and disbursements. We will only know the full cost at the end of the case, but our estimate is between £2,500 (our initial target) and £5,000 (the stretch target).
85 people have already backed this challenge. Please help us pass 100 supporters and hit the stretch target!
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