Source · Select Committees · Justice Committee

Recommendation 22

22 Paragraph: 92

The Government should consider whether the model of the possession duty scheme should be used...

Recommendation
The Government should consider whether the model of the possession duty scheme should be used in other areas of the civil justice system where there are significant numbers of litigants in person. Non-means tested advice at court on the day of hearing could provide an economical way of offering some legal support to vulnerable litigants. We commend the Government and the Legal Aid Agency on their work on the duty scheme, but ask that they learn the lesson that schemes which are “assertive and flexible”, as Simon Mullings described the possession duty scheme, are what is needed.
Paragraph Reference: 92
Government Response Accepted
HM Government Accepted
The Government agrees that the Housing Possession Court Duty Scheme (HPCDS) provides a very effective service for ensuring individuals are properly supported at court when they face the loss of their home. We are currently considering how to improve the sustainability of the HPCDS and ensuring this important service remains, including considering how it can be adapted to divert cases away from court where possible and suitable to do so, and we will be publishing a consultation on the future of the HPCDS in due course. As part of our work on the sustainability of the civil legal aid market we are considering the optimum model for the delivery of civil legal aid, which will include considering the issue set out in this recommendation. More widely, we agree that we need to find ways to support litigants in person, and both legal aid and legal support have a role to play in that. We have already increased our total funding for services supporting litigants in person to £3 million a year for the next two years, from 2020 to 2022. This new funding is being delivered through the creation of the Legal Support for Litigants in Person (LSLIP) Grant of £1.55 million per year. Family law