Legal aid changes to see people facing eviction or repossession receive free early legal advice

Reforms to the former Housing Possession Court Duty Scheme will come into force in August next year which mean that anyone facing eviction or repossession will receive free early legal advice on housing before appearing in court.

They will also continue to get advice and representation on the day of their hearing, the Ministry of Justice said. The changes have been backed with £10m in funding.

The MoJ said: “By helping people facing the loss of their home at the earliest point, it will potentially avoid the need for court proceedings altogether. Individuals with a repossession notice can also receive early legal advice on debt and welfare benefit matters, to help with the wider issues they may face.”

A further change will help domestic abuse victims by allowing doctors to submit letters of evidence for legal aid applications following video or telephone consultations.

Other legal aid changes in the Civil Legal Aid (Housing and Asylum Accommodation) Order 2022 (laid on 17 October) will:

• ensure special guardians - family members or friends who take on parental responsibilities for a child - are eligible for legal aid in private court proceedings determining parental control over a child
• standardise the means and merit testing requirements for birth parents involved in placement and adoption order proceedings where a local authority is authorised to place a child for adoption
• ensure victims of domestic abuse applying for indefinite leave to remain in the UK, under the immigration rules, are eligible for legal aid

The extra support for domestic abuse victims will kick in to support the use of new Domestic Abuse Protection Notices and Domestic Abuse Protection Orders, which the Government committed to introducing in the Domestic Abuse Act 2021, the MoJ said.

Once in use, police will be able to issue Protection Notices to provide immediate protection for victims following an incident, for example by requiring a perpetrator to leave the victim’s home. Protection Orders will be handed out by the court to impose longer-term protection, including ordering the perpetrator to attend behaviour change programmes or wear an electronic tag.

Victims protected by these will now have access to free expert legal advice and representation in court.

Justice Minister Lord Bellamy KC said: “Legal advice should always be available to those who need it, especially victims of domestic abuse who often rely on lawyers to ensure they are protected from abusers.

“By making it easier for victims to access legal aid, more people will be better supported through court proceedings and can start the process of moving on safely with their lives.”

The Family Rights Group charity has called for the Government “to pursue significantly more ambitious reforms”. 

Caroline Lynch, Family Rights Group’s principal legal adviser, said: “Access to legal advice is critical in assisting families to understand their rights and options. Family Rights Group have long argued that if the state is taking the step of removing a child from its family, the family must have legal advice to make informed decisions. For these reasons, we wholeheartedly welcome the changes to legal aid announced for kinship carers and parents today. 

“However, as the All-Party Parliamentary Group on Kinship Care inquiry heard from carers and legal professionals, remaining gaps in provision of legal aid and advice mean many prospective kinship carers still face a confusing legal labyrinth without the support they need when stepping forward to raise children who might otherwise be raised with strangers in the care system. 

“We look forward to the Government publishing its implementation plan responding to Independent Review on Children’s Social Care. Family Rights Group urges them to take this opportunity to be more ambitious than the changes proposed so far and deliver comprehensive legal aid for kinship carers. Without it, more children risk being unnecessarily separated from their families, at great personal cost to them and greater long term financial cost to the state.”