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

Front of House Assistant

Durham County Council
Grade 3 £25,185 - £25,989 Pro rata
WHAT IS INVOLVED?   You will provide a friendly, effective and efficient front of house service and support the day to day operation of the assigned v Durham
Recuriter: Durham County Council

Front of House Assistant

Durham County Council
Grade 3 £25,185 - £25,989 pro rata to hours worked
  WHAT IS INVOLVED? This is a rare opportunity to play a defining role in launching a major new cultural venue. As a member of the Front of House te Durham
Recuriter: Durham County Council

Front of House Officer

Durham County Council
Grade 4 £25,583 - £26,824 pro rata to hours worked
  WHAT IS INVOLVED? This is a rare opportunity to play a defining role in launching a major new cultural venue. As a member of the Front of House te Durham
Recuriter: Durham County Council

Reviewing Officer

Durham County Council
Grade 6 - £28,142 - £31,022
We are looking for motivated and enthusiastic social care staff to join us as a Review Officer working within a countywide service overseeing the annu Durham
Recuriter: Durham County Council

Duty Manager

Durham County Council
Grade 6 £28,142 - £31,022 pro rata to hours worked
  WHAT IS INVOLVED?   Help launch County Durham’s newest cultural landmark. Opening in summer 2026, The Light will bring together art, science, histor Durham
Recuriter: Durham County Council
Linkedin Banner