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

Public Facilities Security Operative - Tendring

Essex County Council
Up to £12.6500 per hour
Public Facilities Security Operative - Tendring District Council Brightlingsea - Walton-on-the-Naze, Essex Part-Time, Temporary £12.65 PAYE / £16.22 U England, Essex, Clacton-On-Sea
Recuriter: Essex County Council

Head of Education and Early Years - Mid Essex

Essex County Council
£78438.0000 - £92279.0000 per annum
Head of Education and Early Years - Mid EssexPermanent, Full Time£78,438 to £92,279 per annumLocation
Recuriter: Essex County Council

Adults Social Worker - North Essex (Expression of Interest)

Essex County Council
£38487 - £51834 per annum + Flexible Working, Hybrid Working
Adults Social Worker - North Essex (Expression of Interest)Permanent, Full Time£38,487 to £51,834 per annumLocation
Recuriter: Essex County Council

SEND Operations Partner

Essex County Council
£33915.0000 - £39900.0000 per annum
SEND Operations PartnerPermanent, Part Time£33,915 to £39,900 per annum (full time equivalent)Location
Recuriter: Essex County Council

Personal Facilitator - FTC till the 31st March 2028

Essex County Council
£25959.00 - £28621.00 per annum + Pro Rata
Personal FacilitatorFixed Term, Part Time£25,959 to £28,621 per annum, full time equivalentLocation
Recuriter: Essex County Council
Linkedin Banner