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.’

Skills Pipelines: What local government needs to know image

Skills Pipelines: What local government needs to know

Councils and mayors are to be handed a central role in developing skills pipelines for local industries, as the Government unveils what it calls a ‘fundamental change’ to the education system aimed at tackling youth unemployment. Here's what council leaders and officers need to know.
SIGN UP
For your free daily news bulletin
Highways jobs

Senior Reward Consultant

Essex County Council
£60469.0000 - £71140.0000 per annum
Senior Reward ConsultantPermanent, Full Time£60,469.00 to £71,140.00 per annum Location
Recuriter: Essex County Council

Director of Resources

Dartmoor National Park Authority
£71,288 - £77,905 per annum
Dartmoor National Park Authority is the body that oversees the vibrant, living, working landscape and communities of Dartmoor National Park. Devon
Recuriter: Dartmoor National Park Authority

Business Relationship Manager

Essex County Council
£62461 - £73483 per annum + Flexible Working, Hybrid Working
Please note that visa sponsorship is not available for this role. Applicants must have a current, unrestricted right to work in the UK. This vacancy England, Essex, Chelmsford
Recuriter: Essex County Council

Social Worker - Disabled Children's Service

North Yorkshire Council
£38,220 - £42,839 per annum
As a Social Worker within the Disabled Children’s Service, you will play a vital role in a supportive and experienced specialist team Selby, North Yorkshire
Recuriter: North Yorkshire Council

Children and Families Worker – Multi Agency Screening Team (MAST)

North Yorkshire Council
£32,578 - £35,570
You will work directly with children, young people, and their families. Northallerton, North Yorkshire
Recuriter: North Yorkshire Council
Linkedin Banner