The government is consulting on a proposed new model for the delivery of housing possession legal aid, which aims to ensure the sustainability of the service and to improve the breadth and quality of advice available for individuals facing the loss of their home.

The key proposals in this consultation are:

• remodel the delivery of the Housing Possession Court Duty Scheme HPCDS to become a new Housing Loss Prevention Advice Service (HLPAS), incorporating both the existing service of advice and representation at court but also early legal advice before court.
• expanding the scope of legal aid so that HLPAS providers can offer early legal advice on social welfare law matters to individuals facing procession proceedings.
• contracts for individual courts rather than larger geographical areas.
• allowing providers to claim for the court duty fee in addition to a Legal Help fee for follow on work.
• introducing a set attendance fee for all schemes, replacing the existing nil session payment.

Lord Wolfson of Tredegar QC, Parliamentary Under-Secretary of State for Justice, stated: “Housing repossession and homelessness are two of the most serious civic problems that any individual could experience. For many faced with the loss of their home, the fear of having to engage with the legal process and the currently limited early advice available means it is common to attend court without seeking legal advice or representation beforehand.

“A core element of the support available in this area is, and will remain to be, access to publicly funded legal advice and representation. The Housing Possession Court Duty Scheme offers vital emergency face-to-face advice and advocacy to anyone facing possession proceedings. Providers of this service do vital work every day to ensure anyone in danger of eviction or having their property repossessed can get free legal advice and representation on the day of their hearing, regardless of their financial circumstances.