Page 143 - Solving Housing Disputes

in the court forum. Secondly, allowing an appeal to the court does not
displace the fact that the HDS is designed to replace the level of court at
which, at present, most housing disputes are dealt.

Practical problems with the HDS
38. Resources: the HDS is proposed on the basis that it will be adequately funded.
We see no evidential basis whatsoever for this assumption. Every indication
of the last ten years is to the contrary. Given that a large proportion of the
problems which the HDS aims to solve arise from a lack of funding, it is
difficult to understand how it can be suggested in good faith that the HDS will
be properly resourced. This is compounded by the fact that no attempt is
made to calculate how much the HDS will cost. It is suggested that a budget
of £160 million could be available by way of levies on rented units. We are
doubtful that this is an appropriate way of funding an independent, impartial,
quasi-judicial service but in any event, this figure is meaningless without any
estimation of the running costs. Our view is that such a service would be
extremely expensive, and far more expensive than the existing system.

39. Multi-disciplinary: we note the repeated references to the varying expertise
upon which it is said the HDS will be able to call, including social workers,
DWP officials, and environmental health officers. We entirely agree that, for
many people, housing problems are related to a number of other difficulties
in their lives and we welcome joined-up thinking. However, the extent to
which the HDS will possibly have decision-making powers over multiple
areas of a person’s life is troubling. It is very unclear what the status of these
very different officials will be and how they will function. Who will employ
them? Will they be called upon to make decisions (for example, that a person
is not entitled to receive Universal Credit or is not eligible for assistance under
the Care Act 2014)? If so what status will these determinations have? If they
are not decision-makers, what is their role?

40. Effect on legal aid: at present, HLPA members working under the housing
legal aid contract remain viable through cross-subsidisation of their legal help
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housing work with inter partes costs. The fees that are available for work
paid at legal help rates do not cover costs. Work at legal help level includes,

336 See R (E) v Governing Body of JFS [2009] UKSC 1 and ZN (Afghanistan) v Secretary of State for the
Home Department [2018] EWCA Civ 1059 on the importance of inter partes costs orders to public funded
practices.

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