Page 124 - Solving Housing Disputes
P. 124

30. The directions questionnaire for all tracks should require parties to state the
                 reasons why they do not wish to pursue ADR [3.47].

             31. Where  a  fast-track  or  multi-track  case  is  stayed  for  mediation,  the CPRC
                 should consider the need for ongoing case management of the matter [3.48].

             32. The CPRC and the Tribunal Procedure Committee should review all standard
                 directions which involve housing disputes to include a presumption for parties
                 to engage in ADR [3.49].

             33. Legal  aid  practitioners  should  not  have  to  obtain  prior  authority  from  the
                 Legal Aid Agency to engage in ADR but be free to pursue it as part of an
                 ordinary legal aid certificate [3.50].

             34. ADR should be more strongly encouraged by procedure rules. The CPRC and
                 the Tribunal Procedure Committee ought to consider how rules could more
                 strongly favour a presumption of ADR  early in the process. If those rules
                 change, tribunal and court case workers and/or judges should be able to direct
                 parties  to  engage  in  all  forms  of  ADR,  including  in circumstances  where
                 parties do not consent [3.55].
          Homelessness

             35. Local  authorities  must  be  accessible  across  multiple  channels  to  ensure
                 vulnerable  and  digitally  excluded  people  can  get  homelessness  assistance.
                 Consideration should be given to strengthening the Homelessness Code of
                 Guidance to require a multi-channel, rather than digital by default approach
                 for applications [3.62].

             36. Local  authority  online  homelessness  portals  should  be  accessible  and
                 navigable  for  lay  users.  They  should  feature  prominent  signposting  to
                 independent advice and information, mobile accessibility for those for whom
                 devices are their only means of getting online, the ability to save and track
                 application progress, and screens with white space and easy read for those
                 with vision impairments and literacy problems [3.66].

             37. The Ministry of Housing, Communities and Local Government (MHCLG)
                 should  take  the  lead  on  best  practice  through  digital  design  across  local
                 authority homelessness portals [3.67].
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