- the consultation sets out a new approach to the delivery of
legal aid for housing possession proceedings
- the proposed changes will improve access to legal aid for
anyone at risk of losing their home and provide holistic advice
to individuals most in need
- consultation set to run for 8 weeks and follows stakeholder
engagement on how to improve current scheme
The Housing Possession Court Duty Scheme (HPCDS) offers free
‘on-the-day’ legal advice to anyone in danger of being evicted
from their home or having their property repossessed, regardless
of their financial circumstances. Given the vital role the HPCDS
plays in ensuring access to justice and the timely resolution of
legal problems, the continuation of the service is of paramount
importance.
For some time, the Ministry of Justice has worked to develop a
package of measures to improve the sustainability of this vital
scheme, improving access to legal advice and representation for
anyone facing possession proceedings in court.
The consultation proposes several key changes.
- Remodel the delivery of the HPCDS to become a new Housing
Loss Prevention Advice Service (HLPAS), incorporating both the
existing service of advice and representation at court but also
early legal advice before court.
- Expanding the scope of legal aid so that HLPAS providers can
offer early legal advice on social welfare law matters to
individuals facing procession proceedings.
- Contracts for individual courts rather than larger
geographical areas.
- Allowing providers to claim for the court duty fee in
addition to a Legal Help fee for follow on work.
- Introducing a set attendance fee for all schemes, replacing
the existing nil session payment.
Some of these proposals are similar to those consulted on prior
to the onset of the Covid-19 pandemic and were well-received by
legal aid providers and other stakeholders. The previous
consultation was discontinued as the way possession
proceedings were being heard underwent significant changes during
the pandemic and we needed to further consider the best approach.
Have your say: Housing Legal Aid: the way
forward
Notes
- The consultation will be open for 8 weeks, closing on 20
January 2022.
- A paper summarising responses will be published within 3
months of the closing date of the consultation.
