Page 29 - Solving Housing Disputes

Vulnerability

2.25 The term “vulnerable” in the justice system denotes factors, whether inherent
to a person or situational, which impede their ability to participate in a court
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or tribunal process. We recommend the HDS adopt best practice with
respect to those who are vulnerable by either inherent or situational
vulnerability. The need to address underlying problems experienced by
vulnerable people in housing disputes and to allow for their effective
participation is central to the HDS.

2.26 We recommend the HDS digital system collect information on
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vulnerability as early as possible in the process to enable reasonable
adjustments to be made to its process to accommodate the vulnerability.
Data should be collected on protected characteristics, to provide policy
makers with information on who is using the HDS and to inform systemic
interventions taking place with housing providers. Digital or paper-based
response forms should ask questions about vulnerability, including around
digital capability, to allow the HDS proactively to make the adjustments
necessary to ensure a person can participate effectively in the process. This
could include a series of prompts in the process or a questionnaire prior to
Stage 1, for example, asking a user whether they need (a) an interpreter; (b) a
person to assist them in talking with the HDS; (c) a digital helper to assist
them in engaging with the digital part of the process. An affirmative answer
to any of these questions should see the HDS, at Stage 1, make inquiries and
arrangements for adjustments as necessary, though the HDS should also make

63 The Advocate’s Gateway cites various risk factors that may bring a person within the definition of
inherent vulnerability; being a child; lack of fluency in the English language; illiteracy; learning
disabilities; hearing impairments; speech (or language) impairments; mental health conditions or
impairments, ATC The Advocates Gateway, 2017:5. Equally, a court process itself may render a person
vulnerable, by virtue of the environment being unfamiliar, anxiety-inducing or improperly adapted to the
needs of ordinary people, see JUSTICE note 26 above, para 1.21.

64 The Legal Education Foundation has previously proposed that the Reform Programme capture data
points on vulnerability as early as possible in the process, although that proposal not necessarily made in
order to allow for adjustments to be made, see Dr Natalie Byrom, ‘Digital Justice: HMCTS data strategy
and delivering access to justice: Report and Recommendations’, (Legal Education Foundation, October
2019) available at https://research.thelegaleducationfoundation.org/wp-
content/uploads/2019/09/DigitalJusticeFINAL.pdf

65 Rather than waiting, for instance, for directions questionnaires to be issued.

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