Lack of housing legal aid services is leading to advice deserts across Somerset and Devon
Families across large parts of Somerset and Devon are denied state-funded advice on housing issues because of legal aid deserts which have emerged due to drastic government cuts in spending, the Law Society of England and Wales said as it launched a new interactive map highlighting the problem.
Mark Roome, President of Devon and Somerset Law Society said: “Our region has just two firms of solicitors in Devon, and one in Somerset who specialise in housing and whose advice is available through legal aid.
“Advice on housing is vital for people who are facing eviction, the homeless and those renting a property in serious disrepair. Early legal advice on housing matters can make the difference between a family being made homeless or not.”
Whole geographical areas with just one housing legal aid provider can result in a number of problems. For example, there is an issue for cases involving possession action against joint tenants.
James Durston from Cartridges Law, which does provide the service, explained: “In such cases, the defendants are often required to have separate legal advice; for one such case in which we are acting for the male half of a couple, we had to refer his partner elsewhere. She is in very fragile mental health and found it very difficult to get to Plymouth to see the only alternative provider available.”
Other potential problems include:
- Families on low incomes cannot afford to travel to see the one provider located miles from where they live. This means they are unable to seek essential legal advice, even in the most extreme cases
- One firm in a large area may not have capacity to provide advice to all those who need it. People requiring legal aid advice for housing issues often need advice urgently and cannot go onto a waiting list.
- Just one housing legal aid provider in an area can result in a conflict of interest because one law firm cannot represent both a tenant and their landlord.
The situation in Devon and Somerset is echoed across the UK. Catherine Dixon, chief executive of the Law Society of England and Wales, said: "People who require legal aid advice for housing issues often need it urgently. Families are unable to access justice because they cannot afford to travel to see the one provider in their area who may be located long distances from where they live. Almost one third of legal aid areas in England and Wales have one, and in some cases, zero housing providers, including large, rural areas such as Cornwall, Somerset and Central Wales.”
The Law Society has produced an interactive 'legal aid deserts heat map' to draw attention to the extent of the crisis in the provision of legal aid advice for housing issues. The map is available here: http://www.lawsociety.org.uk/policy-campaigns/campaigns/access-to-justice/end-legal-aid-deserts/
Catherine Dixon added: "The impact of homelessness on individuals can be huge – but it also hits the public purse. And, just as legal aid advice deserts have opened up, the demand for housing advice has escalated."
