Press Release
Cheltenham court decision avoids Christmas home loss misery
8th December 2004
More than 200 people per year could be saved from having their homes repossessed thanks to an innovative project in operation at Cheltenham and Gloucester County Courts.
In April, the Legal Services Commission joined forces with law and community agencies to expand the Gloucestershire Courts Desk Project that had been run for several years by the Gloucestershire Money Advice Service to help people faced with mortgage or rent repossessions.
People facing possession orders often turn up in court without representation. Expanding the service has been highly successful, doubling the number of people receiving help.
Since April the project has dealt with 184 cases, with only a handful resulting in the granting of outright possession orders. Most were given suspended possession orders or granted an adjournment.
Emma J is a good example of the worth of the scheme. The 18-year-old was housed under the Homelessness Act 2002. Along with her boyfriend, she was granted an ‘introductory tenancy’ in October 2003. Unfortunately for Emma her partner turned out to be violent and he was sent to prison. As the older of the two he had taken responsibility for paying the bills and rent and claiming housing benefit. He didn’t pay the rent and arrears arose.
Despite several unsuccessful attempts to claim housing benefit in her own right, action was taken against her in Cheltenham County Court.
Emma approached the duty adviser at court who persuaded the judge to adjourn the action so that housing benefit could be sorted out. When the case returned to court the housing benefit had not been granted and is now the subject of an appeal. The court adjourned the case for a further six weeks.
Emma is pregnant and would be homeless again despite the rent arrears not being her fault. Had she not had advice from a duty court worker, she would have been homeless by the beginning of September.
Geoff Mountjoy, Regional Director of the Legal Services Commission said: "The Legal Services Commission was delighted to be able to support this project through the work of the Gloucestershire Community Legal Service Partnership. This is a very important project and is one of the first of its kind in the country. Some of the most vulnerable people in our society, such as Emma, have been helped to secure a roof over their heads as a result of this project. This is fully in tune with our goal of tackling social exclusion by providing appropriate legal help and advice".
ENDS
For further information please contact
Pamela Judge or Kevin Stephens - Regional Development Managers, at the South West Legal Services Commission tel. 0117 302 3188 or David Hawkes - Manager Gloucestershire Money Advice Service tel: 01242 224859.
We can arrange an interview with Emma or the advice worker if required.
Note to Editors
1. Emma J was housed under the Homelessness Act 2002 priority need for 16 and 17-year-olds.
After her boyfriend was sent to prison, she tried to claim housing benefit in her own right but the claim failed three times when the Council said they had not received forms and other documents.
Possession action taken against her in Cheltenham County Court 24th August 2004. There is no defence to this action under an Introductory Tenancy.
2. The other agencies co-operating in providing the advice desk are GLOMAS (Gloucestershire Money Advice Service), Shelter and Gloucester Law Centre. Cheltenham Housing Aid Centre and Stroud and District Citizen’s Advice Bureau have also been involved.
3.The Legal Services Commission helps people obtain quality assured publicly funded legal and advice services. Its work is particularly important in ensuring that the vulnerable and socially excluded have access to justice. It replaced the Legal Aid Board in 2000 and is an independent public body, sponsored by the Department for Constitutional Affairs. It helps the community to access quality assured advice through the development and administration of two schemes in England and Wales: the Community Legal Service and the Criminal Defence Service.
Last updated: 28 December 2006