William Eichler 23 October 2018

Liberty to bring legal challenge against Legal Aid Agency

A civil liberties group will take the Government to court over its refusal to provide legal aid to those wishing to challenge councils over their use of anti-social behaviour legislation.

Liberty claims the Legal Aid Agency will not grant legal aid to people who cannot afford to pay lawyers if they want to challenge potentially unlawful Public Space Protection Orders (PSPOs).

PSPOs allow councils to ban activities they deem to have a detrimental effect on the lives of others. However, in some cases they have been used to ban rough sleeping - a move Liberty argues wrongly equates poverty with antisocial behaviour.

The civil liberty group claims the Agency’s refusal to fund challenges to PSPOs means that it is ‘near-impossible for homeless people cruelly targeted by PSPOs to enforce their basic human rights.’

‘Many local authorities are criminalising those in need, but the Legal Aid Agency's position robs all but the wealthy of their ability to challenge council abuse of power,’ said Rosie Brighouse, the lawyer for Liberty.

‘It is essential this case goes ahead so that anyone can challenge illegitimate Public Space Protection Orders.’

A spokesperson for the Legal Aid Agency said that while challenges to PSPOs do not currently fall within the scope of the legal aid scheme, individuals may apply for Exceptional Case Funding.

‘The Legal Aid Agency can only grant legal aid where the LASPO Act and regulations allow,’ they said.

‘Legal Aid may be available for Public Space Protection Orders via Exceptional Case funding, subject to a statutory test to demonstrate a risk of breach of Human Rights, and the usual means and merits tests.’

SIGN UP
For your free daily news bulletin
Highways jobs

Deputy Director of Education and Inclusion

Oxfordshire County Council
up to £123K
As the Deputy Director of Education and Inclusion, your leadership will foster collaboration among Education Leaders and Partners. Oxfordshire
Recuriter: Oxfordshire County Council

RCHW Site Operative - Colchester

Essex County Council
Up to £25081.00 per annum + Pension
RCHW Site Operative - ColchesterPermanent, Full Time£25,081 per annumLocation
Recuriter: Essex County Council

Head of Transformation

South Derbyshire District Council
£75,388 to £77,753
Are you ready to lead transformation and shape the future of a thriving district? Swadlincote, Derbyshire / Agile Working
Recuriter: South Derbyshire District Council

Principal Finance Officer - WMF2490e

Westmorland and Furness Council
£38,220 - £39,152
We are seeking a Principal Finance Officer to join our friendly, supportive, and dynamic Finance Team. Kendal, Cumbria
Recuriter: Westmorland and Furness Council

Specialist Domestic Abuse Worker - WMF2483e

Westmorland and Furness Council
£34,434 - £35,412 Pro rata
This part time post is dedicated to the Barrow area but may at times require travel to other parts of Westmorland and Furness. Barrow in Furness, Cumbria
Recuriter: Westmorland and Furness Council
Linkedin Banner