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

Head of Audit

Cornwall Council
up to £87,644
Cornwall is at the forefront of innovation Cornwall
Recuriter: Cornwall Council

Head of Change & Portfolio Management

Cornwall Council
up to £87,644
Cornwall is at the forefront of innovation Cornwall
Recuriter: Cornwall Council

Director of Finance and Property Services

West Lothian Council
Up to £142,600
Nestled in the heart of Scotland, West Lothian is a vibrant region Livingston, West Lothian
Recuriter: West Lothian Council

Head of Revenues and Benefits

Ribble Valley Borough Council
£56,080 to £59,525 per annum plus 7.5% lease car contribution
We are seeking a dynamic and strategic leader for the position of Head of Revenues and Benefits. Clitheroe, Lancashire
Recuriter: Ribble Valley Borough Council

Senior Project Manager (Regeneration)

West Yorkshire Combined Authority
£49,359 to £56,057 per annum (pay award pending) – Grade 9
With ambitious goals ahead, we need dedicated individuals who are ready to make a real impact as part of our expanding Housing team Leeds / Hybrid
Recuriter: West Yorkshire Combined Authority
Linkedin Banner