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

Programme Manager - Castle Point Borough Council

Essex County Council
Up to £550.0000 per day
Programme Manager - Castle Point Borough Council Castle Point, Essex Full-Time, Temporary 2 month contract £550 per day Umbrella, Outside IR35 Project England, Essex, Thundersley
Recuriter: Essex County Council

Finance Assistant - Debt Collection - 12-month FTC

Essex County Council
Up to £25959 per annum + + 26 Days Leave & Local Gov Pension
Finance Assistant - Debt Collection - 12-month Maternity Cover Fixed Term ContractFixed Term, Full Time£25,081 per annumLocation
Recuriter: Essex County Council

Shared Planning Lawyer

Broxbourne Borough Council
Up to £68,506 pa
Are you a focused, enthusiastic team player who enjoys a varied and interesting caseload Cheshunt, Waltham Cross
Recuriter: Broxbourne Borough Council

Strategic Director of Adult Social Care and Health

Tameside Metropolitan Borough Council
circa £130,000 p.a.
Are you someone who leads with heart, thinks with vision, and delivers with impact? Tameside, Greater Manchester
Recuriter: Tameside Metropolitan Borough Council

Assistant Director of All Age Commissioning

Tameside Metropolitan Borough Council
£107,521 p.a.
Are you someone who leads with heart, thinks with vision, and delivers with impact? Tameside, Greater Manchester
Recuriter: Tameside Metropolitan Borough Council
Linkedin Banner