The government is proposing that tenants facing eviction receive additional legal assistance through an enhancement of the current free ‘on-the-day’ law advice given by the Housing Possession Court Duty Scheme.

A statement from the Ministry of Justice says that the HPCDS’ vital role means “the continuation of the service is of paramount importance”. 

The MoJ, in a consultation process which finishes in the New Year, proposes that changes to the HPCDS are made as follows:

– to remodel and rebrand it 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.

This is a follow up to an earlier consultation made prior to the pandemic – that process was scrapped because possession proceedings changed dramatically during Covid.

You can see and comment on the new consultation here.