The Legal Aid Agency is being taken to court for its refusal to help homeless people
updated on 26 October 2018
The body overseeing legal aid decisions in England and Wales is being taken to court by human rights organisation Liberty over its refusal to help homeless people challenge potentially unlawful treatment by local councils.
The Legal Aid Agency is refusing to help rough sleepers who want to challenge councils’ use of controversial public space protection orders (PSPOs) to move them on. PSPOs enable councils to ban antisocial activities, but Home Office guidance specifically says that homelessness – a symptom of extreme poverty rather than a lifestyle choice – should not be treated as an antisocial activity that can be banned.
Unfortunately, Liberty claims that councils have ignored this guidance in favour of treating their poorest and most vulnerable citizens as a public nuisance to be driven out.
Despite the potentially unlawful nature of criminalising homeless people who have no choice but to be on the streets and the obvious fact that rough sleepers are unable to pay for lawyers themselves, the Legal Aid Agency refuses to provide legal aid to those wanting to challenge the use of PSPOs against them.
As the Guardian reports, in June 2018 one resident of Poole tried to challenge a PSPO brought against her by her council, which criminalises rough sleeping and begging. But the case was put on hold when the Legal Aid Agency refused to help, saying the case was of no benefit to the client and insisting any litigation could be financed by crowdfunding instead.
Liberty is now set to challenge the Legal Aid Agency’s policy in the High Court, claiming that it is interpreting the law in a way that makes funding completely unavailable for challenges to PSPOs.
Rosie Brighthouse, lawyer representing Liberty, said: “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. 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: “The Legal Aid Agency can only grant legal aid where the LASPO Act and regulations allow. 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.”
