Page 28 - Solving Housing Disputes

would not be properly funded and would therefore represent a diminution in
access to justice compared to the current system.

2.23 The majority of the Working Party think that piloting the HDS should allay
these concerns, and that evaluating the pilot against access to justice outcomes
will tell us how effective the service can be. However, they consider that it is
essential for the proper functioning of the pilot that there be a new HDS legal
aid contract created and/or a panel of independent lawyers appointed to
provide clients with advice throughout the process. Lawyers should be
selected for the pilot from the housing law sector and offered sustainable
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rates of remuneration to advise participants through the HDS process and, if
need be, to take appeals to the court/tribunal stage. We think the pilot is an
opportunity to reintroduce housing advice provision where there currently is
none.

2.24 While we understand the concerns about the exclusion of legal representatives
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for vulnerable people, from some parts of the process, our proposal for the
HDS is qualitatively distinct from any adversarial, court or tribunal process.
The HDS would act as arbiter, investigator, advisor and problem solver,
looking at all elements in a housing relationship on an inquisitorial basis. The
intention is not for it to sit back and wait for relevant material to be brought
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to it by way of legal representations. It would ascertain that information for
itself and be proactive in identifying party vulnerability and making necessary
adjustments to allow them to participate in the process. Accordingly, the
majority of the Working Party support the recommendation for a pilot of the
HDS.

59 A rate which is cost effective in its own right and that does not need subsidising from any other activity.

60 That is, for those vulnerable people who manage to obtain legal representation. Recent analysis of the
list of legal aid providers suggests that 52% of authorities do not have any legal aid providers within their
boundaries, and London had 49% of the country’s 455 providers, Heath, ‘Behind the numbers: what
impacts have legal aid cuts had on housing?’ (Inside Housing Online, 7 February 2020) available at
https://www.insidehousing.co.uk/insight/behind-the-numbers-what-impacts-have-legal-aid-cuts-had-
on-housing-64986

61 For a full description of the process, see paras 2.49-2.57 below.

62 There is, however, no inhibition on the provision of information by parties’ lawyers: see below, paras
2.68-2.69.

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