News, events and consultations

Guidance on Legal Aid in Anti-Social Behaviour Injunction cases

This paper is intended to provide guidance to HLPA members on the circumstances in which they can continue to represent clients and get paid for Anti-Social Behaviour Injunction work under legal aid following the Anti-Social Behaviour Crime & Policing Act 2014. The changes came into effect on 23 March 2015.

It should however, be noted that at present there are still issues upon which clarification is being sought from the Legal Aid Agency (“LAA”). It is therefore likely that further supplementary guidance will be issued once further information is provided by the LAA.

The Guidance can be downloaded here. [docx format]

Wales – evidence on ‘Renting Homes’

On 20 May 2015, Justin Bates is giving evidence to the Welsh Assembly on the Renting Homes Bill, on behalf of HLPA.

Justin would welcome any member’s views on comments on the Renting Homes Bill, by 3 May 2015. Email justin.bates@ardenchambers.co.uk

Special Event 13 May 2015

The Housing Law Practitioners Association and Shelter Children’s Legal Service present a seminar on

The impact of child welfare duties in housing law

13th May 2015 6.30 – 8.00 pm

Speakers: Martin Westgate QC and Lindsay Johnson, Doughty Street Chambers, Shu Shin Luh, Garden Court Chambers

In two recent cases, SG v DWP and Nzolameso v Westminster CC, the Supreme Court has highlighted the importance of examining the interests of children in the housing or housing related context. In SG v DWP the Court held that the benefit cap violated the UN Convention on the Rights of the Child and in Nzolameso v Westminster CC it held that the authority failed to show that it had properly considered its obligation under s. 11 of the Children Act 2004 to safeguard and, more importantly, promote the welfare of children when considering an out of borough placement.

The impact of section 11 and the UNCRC continues to grow and is becoming ever more important. The seminar considers the current state of the law, the relationship between the international and domestic duties, how theycan be deployed in English Courts, and how they can assist those in need of housing.

Venue: Freshfields Bruckhaus Deringer, 65 Fleet Street, London EC4Y 1HT

To Book: events@doughtystreet.co.uk

Cost: Free

Pat Reddin: 1947-2015

Andrew Arden QC records and reflects on the loss of the leading housing surveyor of our times.

This morning, April 13, a day before his 68th birthday, housing surveyor Pat Reddin died following a fall.

For those – few – housing practitioners not familiar with his work, Pat has been the “go to” surveyor for both tenants and social landlords since the early 1970s. Indeed, the founders of housing law at that time were not only Law Centre and legal aid lawyers but others, without whom our work would have been impossible to deliver, who put flesh on the bones of cases involving housing conditions, by whom I mean pre-eminently Pat Reddin and the independent environmental health adviser, David Ormandy. It felt like there wasn’t a disrepair claim which didn’t feature one or other of them.

As many in housing law will know, in 2011 Pat was diagnosed with a brain tumour which he courageously, vigorously and (for the most part!) with the best of humour fought throughout 2012, allowing him to return to work less than a year after surgery (and long before the doctors had predicted he would be able to): he had continued to recover, and to work, and was, as he always has been, much in demand as an expert witness, readily acceptable to social landlords and tenants alike as a joint expert and indeed in the courts.

It is too early to say what caused the fall or how far it was linked to the tumour, although his annual scans showed that the residue had not grown and that the operation was a considerable sucess. His sudden death has accordingly come as a complete shock to his family and friends.

Pat leaves behind his wife, Vincina Mellor, four daughters – Tania, Sarah, Jada and Francesca – and five grandchildren – Cassius, Ava, Tulah, Sheyo and Kosi – as well as a host of friends many of whom are active in housing and housing law and all of whom know how lucky we were to have had him in our lives and who will miss him dreadfully. Pat and the family were deeply grateful for the outpourings of concern and support during 2012, the most enormous morale boost through what Pat remarked in his client letter as he returned to work was a truly horrible year.

When I first wrote on his condition (July 6, 2012), I recorded that the tumour had been

“a dreadful shock to him and to his family – and to those close to him who hadn’t realised he had a brain at all (a joke he does not tire of making!)”.

This was also a line I had used to his youngest daughter – Frankie, my god-daughter (as Pat was my daughter’s god-father) – across his bed in the ICU the morning after an 11½ hour operation in early January 2012, when there were very real doubts both about his chances of recovery and about how far he was (or would be) capable of comprehension. I was quite clear in my own mind, though, that I saw in his eyes a flicker of recognition – of humour – at the line and it is one of the enduring joys of my life that as soon as he could communicate again, he confirmed that I had read him right: he had not left us but briefly.

That last thought struck me again today, when I found a draft will written way back when – from its contents, probably 20 years or so ago – and which contained this line.

“This is a time of celebration and adventure. I am going on another journey. I will return and I will always be available for you. Hold me in your thoughts for that is where I reside”.

 

AGM and Meeting 18 March 2015

The AGM begins at 6.30 pm on 18 March 2015.

The meeting follows at 7 pm.

The topic is Community Care and Court of Protection (including the Care Act 2014)

Speakers
Bethan Harris: Garden Court Chambers
Dominc Prestion: Doughty Street Chambers

NB Changed Room
Room 3.07 on the third floor
4 Little Titchfield Street
London W1W 7UW

2 hours CPD for solicitors and barristers

Legal Aid – matter starts

The LAA has issued new matter starts guidance with immediate effect. The key element is that providers “will be able to request or self-grant supplementary matter starts up to 50% of their original allocation.”

This is good news for those who had worked through their allocation. The change follows tireless efforts, argument and meetings with the LAA by Sara Stephens, HLPA Exec member heading the legal aid working group.

 

Stand for the executive committee

Nominations are open for standing for election to the HLPA executive committee. Any member can stand.

Fancy playing a part in running HLPA? Deciding on meeting topics, or conference content? Having a role in our lobbying, policy or legal aid work? Or chasing members to remind them to renew…

All nominations welcome. The form can be downloaded here. Deadline 2 February 2015.

January 2015 Meeting

21 January 2015 at pm

Using the Equality Act

The speakers will be:

Tony Ross, Arden Chambers
Jamie Burton, Doughty Street Chambers

Portland Hall, Regent Campus, University of Westminster, 4 Little Titchfield Street, London W1W 7UW.

2 hours CPD for solicitors and barristers

HLPA meetings 2015

The programme of members meetings for 2015 is:

USING THE EQUALITY ACT Wednesday 21 January

COMMUNITY CARE AND COURT OF PROTECTION (and AGM)  Wednesday 18 March

HOMELESSNESS UPDATE Wednesday 20 May

DEFENDING POSSESSION CLAIMS Wednesday 15 July

MONEY CLAIMS Wednesday 16 September

HOUSING LAW UPDATE Wednesday 18 November

All meetings will take place from 7.00-9.00pm, apart from the AGM which starts at 6.30pm, at a venue within the University of Westminster.
Exact location details will be confirmed prior to each meeting.

November 2014 Meeting

19 November 2014
7 pm

Housing Law Update

The speakers will be:
Tessa Buchanan, Garden Court Chambers
Robert Brown, Arden Chambers

Portland Hall, Regent Campus, University of Westminster, 4 Little Titchfield Street, London W1W 7UW.

2 hours CPD for solicitors and barristers