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

Director of Digital, Data and Technology

Tower Hamlets London Borough Council
£139,000 per annum
Shape the future of a digitally enabled borough Tower Hamlets, London (Greater)
Recuriter: Tower Hamlets London Borough Council

Director of Adult Social Care Commissioning

Tower Hamlets London Borough Council
£130,000 per annum
Transforming outcomes through integrated commissioning Tower Hamlets, London (Greater)
Recuriter: Tower Hamlets London Borough Council

Director of Adult Social Care

Tower Hamlets London Borough Council
£145,000 per annum
Leading innovative, strengths-based social care that enables residents to live fulfilling and independent lives Tower Hamlets, London (Greater)
Recuriter: Tower Hamlets London Borough Council

Director of People & Organisational Development

Sussex & Brighton Strategic Authority
Up to £120,000 per annum
Design the people foundations of a new organisation before they become someone else’s legacy. Hybrid, working across Sussex. Relocation support available
Recuriter: Sussex & Brighton Strategic Authority

Director of Law, Governance & Compliance (Monitoring Officer)

Sussex & Brighton Strategic Authority
c£120,000
Design how a new strategic authority governs itself, then lead it into its first mayoral term. Hybrid, working across Sussex. Relocation support available
Recuriter: Sussex & Brighton Strategic Authority
Linkedin Banner