News, events and consultations
Legal Aid Lawyer of the Year 2012 Nominations
The 2012 Legal Aid Lawyer of the Year nominations are open.
In this difficult time for legal aid, what better than to celebrate the passion and commitment of those working in legal aid practice? Do you know someone or a practice whose work should be recognised in the LALYs? Then nominate them!
The nomination form is here and more details are here.
The closing date is 27 April 2012
Draft Allocation Code of Guidance Consultation Notes
ALLOCATION CODE OF GUIDANCE
Consultation Paper –DCLG (Department of Communities & Local Government)
Closing 30/03/2012
Message to HLPA members from David Watkinson (for Law Reform Sub-Group)
Final Reminder
Please Note the closing date for responses to the above
Responses to go to housingreform@communities.gsi.gov.uk
If you would like to contribute to HLPA’s response please send to David Watkinson by AM Wednesday 28/3/2012 to davidw@gclaw.co.uk
This will be the only Allocation Code once finalised as it will replace all previous Guidance
The scope of the Draft Code is wide so there is no substitute for reading it as a whole.
The consultation document can be dowmloaded here.
Some Topics:-
(1) The Draft Code assumes that ss 145-147 Localism Act 2011 amending Part 6 Housing Act 1996 is in force. Those greatly increase LHAs discretion as to allocation
(2) Existing secure/introductory tenants and assured tenants of RPRs or RSLs are taken out of Part 6 except those to be given ”reasonable preference “- under what is s 167 and will become s 166A. Apart from those the draft Code (para 1.9) gives very little guidance as to allocation (apart from assisting mobility and encouraging under occupiers to move (1.10))
(3) Local Housing Authorities (and the Secretary of State) will have power to decide the classes of persons who are or are not “qualifying persons” to whom LHAs may allocate (in addition the ineligibility of “persons from abroad” remains). There is little guidance as to the contents of those classes but may well include those “guilty of serious unacceptable behaviour” (para 2.5) and financial resources and local connection (para 4.20)
(4) Except that former members of the Armed Forces are not to be disqualified on residential grounds for 5 years after discharge ( para 3.23)
(5) For determining priority on grounds of overcrowding the SoS recommends the bedroom standard instead of the Housing Act 1985 definition (para 4.11)
There are 15 questions in total, 8 of which are directed to LHAs (but you can give a view on them as well)
21 March 2012 Meeting and AGM
Homeless Children and AGM
The AGM will start at 6.30 pm. The speakers will begin at 7 pm.
Speakers:
Zia Nabi: 1 Pump Court Chambers
Ian Wise: Doughty Street Chambers
From 6.30 pm on 21 March 2012 at Portland Hall, University of Westminster, 4 Little Titchfield Street, London W1W 7UW
Housing and LASPO
The Legal Aid, Sentencing and Punishment of Offenders Bill enters report stage in the House of Lords from 5 March. Any further amendments to the bill in the Lords must happen at this stage. It is likely that the social welfare provisions, including housing, will be debated from Monday 5 March onwards.
There is one single housing related amendment tabled, although there are others addressing social welfare more broadly. The amendment is at 75-77 of the marshalled list of amendments. The proposed amendment was drafted by Shelter and supported by HLPA, as well as Citizens Advice, Justice for All, the Law Society, the Law Centres Federation, Young Legal Aid Lawyers, the Legal Aid Practitioners Group, the Housing Law Practitioners Association, the Bar Council, the Advice Services Alliance and the Salvation Army.
As drafted, LASPO would mean that benefits work would be out of scope even when involved in defending possession proceedings, thus making a successful resolution of many rent arrears or mortgage possession cases virtually impossible.
This amendment would ensure that, where the loss of the home is threatened due to nonpayment of the rent or mortgage, advice and casework can be provided to address an underlying benefits problem causing or contributing to the arrears.
The full proposed amendment and briefing can be downloaded here.
If you are signed up to the Justice for All “pair up with a peer” scheme please write to them now to ask them to support the HB (and other) amendments. If you’re not with the scheme please contact Lib Dem or cross bench peers to explain why this amendment is so important- you can find out a list of the peers and their parties via this link (select search options as party and group – then search for
lib dem or crossbenchers):
http://www.parliament.uk/mps-lords-and-offices/lords/
Please send the Shelter briefing document with any communication with peers.
Court desk limited opening times from April 2012
As of April 2012, all Civil and Family Courts will be changing the opening times of the court desks. They will be open only between 11 am and 1 pm.
According to HMCTS:
Court users attending the public counter with routine work that does not require a face to face service provision will be directed to a “drop box” or to the secure court postbox. Work that is considered will fall into this category include:
- -Making a payment
- -Case specific enquiries
- -General enquiries
- -Lodging documents
- -Issuing money claims or other civil applications
- -Issuing divorce proceedings
- -Issuing public or private law proceedings
- -Issuing enforcement proceedings
- -Collecting forms / orders
HMCTS further state that
These arrangements will not affect the courts’ ability to deal throughout the working day with any matters which should be dealt with immediately e.g. injunction applications. We would encourage you to continue to contact the court via e-mail or fax to alert us to any urgent matters so that we can then make the appropriate arrangements.
Urgent applications are defined as an application or document which needs to be issued or seen by a member of the judiciary within 24 hours
It is not clear yet what the arrangments for urgent matters will be. We understand that courts are considering this on an individual basis.
HLPA is concerned by this move, which seems likely to have a particular impact on vulnerable tenants seeking to make urgent applications in person, for stay of eviction or for an injunction in unlawful eviction cases. HLPA members are urged to respond to any local consultations (for the London Region see below) and to seek clarification on arrangments for urgent matters from Court User groups.
As a further detail, Willesden County Court is dealing with urgent matters on an appointment only basis, so we are told people should phone or email for an appointment time, assuming that there are any available.
There is a consultation form for Court users in the London region. The letter and form can be downloaded here [doc]. The consultation ends 2 March 2012, so an urgent reponse needed.
Membership renewals and deadlines
The period for a 10% discount for renewing membership for 2012 has been extended to 29 February 2012. New members or those who are returning to HLPA and were not members in 2011 receive a further 10% discount, 20% overall, if joining before 29 February 2012.
The members password for the website will be changing at the end of February and the new password will be emailed to 2012 members shortly beforehand.
In what is going to be a challenging year, HLPA is working hard to provide members with information, support and training, and also to make HLPA’s voice heard in policy and funding decisions. We hope you can join us.
HLPA Seminars for 2012
We have a full programme of seminars for the next year. These are specialist training sessions by experienced practitioners ideal for those in the first few years after qualification or those looking to fill out their training in a specific topic. The seminars are open to all members and there is a fee.
The seminars take place in central London venues between 6 pm and 8 pm. Booking forms and further details will be circulated to members in advance of each seminar and will be available on the website. The following dates are subject to final confirmation.
29 Feb 2012:
Advocacy Training. Doughty Street Chambers
18 April 2012:
How to Defend Subletting Cases to Prevent A Possession Order – and a Criminal Record?
13 June 2012:
Homeless Cases – Has the Duty Been Discharged?
12 September 2012:
Tips and Tricks for dealing with the Housing Possession Duty Desk
19 October 2012:
How to Quantify Damages in Disrepair Cases
5 December 2012:
To set aside or the Appeal: That is the Question? – what to do when your client seeks advice after the order for possession has already been made.
2012 Meeting Programme
We have a full and exciting programme of meetings for 2012. The speakers are amongst the foremost and most experienced practitioners in their field and the topics address what is going to be a year of changes.
18 January: Localism Act: What Lies Ahead (Taken place)
21 March: Homeless Children And AGM. Meeting starts at 6.30 pm
16 May: Possession Claims: The Old and the New
18 July: Outside the Housing Acts: No Recourse and Community Care
19 September: Homelessness Update
21 November: Housing Law Update
Unless otherwise stated, all meetings will be at 7 pm at Portland Hall, University of Westminster, 4 Little Titchfield Street, London W1W 7UW. £10 for members.
January 2012 Meeting
7 pm 18 January 2012
The Localism Act
Speakers:
David Smith: Anthony Gold Solicitors
David Watkinson: Garden Court Chambers
From 7 pm at Portland Hall, University of Westminster, 4 Little Titchfield Street, London W1W 7UW
2012 Membership
It is time for HLPA memberships to be renewed for 2012.
We have a full programme of meetings for the year with expert speakers, details of which will be put up shortly. The next meeting is on 18 January 2012, examining the new provisions of the Localism Act.
HLPA will also be running a series of seminars for training in specifics of practice.
In addition, for those who could not make it to the 2011 conference, the speakers papers from the workshop session will soon be available on the members area of this site for a few months. The members’ password for this site will be changing at the end of January 2012 and members will be sent the new details
And of course, members get the reduced rate for the forthcoming 2012 Housing Law conference.
Those renewing their membership before 31 January will get a 10% discount on the usual membership rates.
New members and those returning to HLPA after more than a year will get a further 10% discount for applications submitted before 31 January 2010, making a 20% discount on the usual rates.
To apply for membership or to complete the forms for renewal, go to the Join HLPA page.