1. BHT Pro Bono
'A Brighton Response to a Brighton Problem'
A Project between Sussex Clinical Legal Education (SCLE) and Brighton Housing Trust (BHT)
Funded by the Economic and Social Research Council (ESRC) Impact Acceleration Fund,
University of Sussex.
The Case for Funding Housing Advice
Report by Nicole Lieberman and Mary Prescott, BHT Pro Bono (2015)
With the major housing crisis that is currently taking place, the government should be
investing in more funds to provide support to those who need it instead of cutting the support
line with: “devastating cuts on legal aid funding for specialist advice to help people
solve their housing problems” (Shelter: Legal Aid –Housing p.1).1
The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 imposed cuts,
undermining equal access to justice and reducing the scale of effect legal aid can have. The
long term consequences will cost the state both financially and socially.2
Examples of these
effects are: restrictions on appropriate damages for illegal evictions and not being given any
funding towards housing benefit and debt advice. As a result of LASPO tenants and people
in precarious housing situations have less possibilities of seeking legal aid.
Not receiving legal aid will not only have adverse social consequences, but also have a
detrimental economic impact in the long run. The Low Commission reports the results of
various researches conducted which prove that the government is not saving financially by
cutting housing funds but instead will be losing money. Estimates from the Citizens Advice
Bureau 2010 show that for every £1 spent on legal aid, the state saves: £2.34 from legal
aid spent on housing advice; £2.98 from legal aid spent on debt advice; £8.80 from
legal aid spent on benefits advice; and £7.13 from legal aid spent on employment
advice.3
For every £1 pound invested, a socio-economic value of £6 was generated. Shelter
estimates that each mortgage debt advice case costs the state £229 on average, while the
cost of repossession is about £16,000.4
Receiving the right advice on time would create
less dependency on the government. There might not need to claim any benefit, and it would
help with stress levels creating savings for health services.
Legal aid is a vital part of our justice system, and funding legal advice and representation is
necessary in helping people understand and protect their rights. It also helps the claimant
get a just hearing in court and access to the court process.5
Article 6 of the Human Rights
Act 1998 recognises the importance of ensuring access to justice through its protection for a
right to a fair trial. Housing legal aid helps tenants deal with: unjust evictions before they
happen, overdue rent, better communication with landlords or the council.
Law centres across the country are there to give support and assistance to local
communities. Studies shows that at the moment housing compromises about 25% of the
work some Law Centres are dealing with, and is by far one of the largest issues.6
According
to Shelter cuts to housing legal aid will affect 52,000 cases per year which compromise of
about 40% of all housing work.7
1
Shelter, 2013, New Changes to Legal Aid Affecting Homeless People, found at:
https://england.shelter.org.uk/__data/assets/pdf_file/0003/668361/Legal_Aid_Briefing_June_update.pdf
2
Ibid.
3
Low Commission, 2014, The Business Case for Welfare Advice Services,
http://www.lowcommission.org.uk/dyn/1405934416347/LowCommissionPullout.pdf
4
Ibid.
5
Op.cit. Shelter.
6
NEF Consulting, found at: http://www.nef-consulting.co.uk/newlon-fusion-social-valuation-resident-support-services/
7
Ibid.
2. BHT Pro Bono
'A Brighton Response to a Brighton Problem'
A Project between Sussex Clinical Legal Education (SCLE) and Brighton Housing Trust (BHT)
Funded by the Economic and Social Research Council (ESRC) Impact Acceleration Fund,
University of Sussex.
The psychological effects of those dealing with housing difficulties ultimately impact and
increase: healthcare spending, benefit claims and more. Disadvantaged youth who find
themselves homeless, would find it hard to complete their education and school making it
difficult for them to find a job later on and creating possible dependencies on the government
or on other resources for survival. Receiving the right advice can help in avoiding the
detrimental effect of evictions on a child’s education and future. Early preventative advice is
socially beneficial and leads to improvements in physical, mental, social and emotional well-
being, problem solving skills and the ability to manage money.
Housing and Welfare Advice: Cost Savings Through Homelessness Prevention
In 2010 Shelter conducted a review into the savings that can potentially be made by councils
by prioritising spending on prevention advice and assistance rather than incurring the more
expensive “full duty” acceptance – those accepted as unintentionally homeless and in priority
need. Using data gathered from numerous local authorities Shelter concluded that there is
potential to save a minimum of £1,286 per prevention with a successful prevention costing
on average £642 (£826 including overheads of 50% staff costs) whereas incurring a “full
duty” acceptance costs on average £2,1128
. Shelter determined that the average cost of
making a decision on a homelessness application was £375 (£558 including overheads), the
cost of work attributable to conclude the duty was £230 (£339 including overheads) and the
cost of temporary accommodation (the difference between the cost of providing temporary
accommodation and the amount covered by LHA)9
. Where the local authority is required to
meet the full duty for a household not in receipt of LHA the potential savings could be as
high as £7,680 per prevention10
. The potential savings outlined are minimum savings as LHA
figures are derived from benchmarking results and could potentially be higher and they do
not take into account other costs such as interim and emergency accommodation11
. There
is also room for additional savings, for instance, where a tenant in local authority
accommodation is assisted in remaining in that accommodation then the costs associated
with eviction can be saved.
In 2014/15 there were 1,202 cases of homelessness prevention with 559 (46.5%)
households able to sustain their existing accommodation and 643 (53.5%) assisted in finding
alternative accommodation12
. In 2013/14 there were 2,810 successful prevention cases and
there has been a decline in the rate of prevention in Brighton and Hove from 23 per 1,000
households in 2013/14 to 9 per 1,000 in 2014/1513
. There were 224 successful cases of
homelessness relief in 2014/15 as opposed to only 174 cases in 2013/1414
. Brighton and
Hove Housing Strategy states that in 2013/14 47% of households were found alternative
accommodation in the private rented sector (higher than the national average) and only 11%
were found accommodation in social housing (lower than the national average)15
. Applying
the Shelter minimum savings estimate of £1,286 per prevention, it appears that Brighton and
Hove Council may have saved over £1.5 million last year alone due to successful
homelessness prevention.
8
Shelter, 'Value for Money in Housing Options and Homelessness Services, (2010)
<http://england.shelter.org.uk/professional_resources/training_and_conferences/consultancy_services>accessed 08/11/15, p.23.
9 Ibid., p.23.
10
Ibid.
11
Ibid.
12
Brightonand Hove Housing Statistical Bulletin Jan-March 2015, foundat: https://www.brighton-hove.gov.uk/sites/brighton-
hove.gov.uk/files/2014-15%20Q4%20Statistical%20Bulletin.pdf
13
Ibid.
14
Ibid.
15
Ibid.
3. BHT Pro Bono
'A Brighton Response to a Brighton Problem'
A Project between Sussex Clinical Legal Education (SCLE) and Brighton Housing Trust (BHT)
Funded by the Economic and Social Research Council (ESRC) Impact Acceleration Fund,
University of Sussex.
In 2013 a cost benefit analysis for Brighton and Hove City Council found that for every £1
spent on housing-related support the city saved £4.1116
. In 2013/14 of those whose
homelessness was prevented and who sustained their accommodation this was due to
negotiation and legal advocacy in 61% of cases17
.
The benefits of timely legal advice are seen by the human affect it has in helping people
manage in difficult periods, decreasing their levels of stress and negative psychological
influence. Ignoring its importance could ultimately lead to increased healthcare spending,
benefits claims and lack of work in the labour market. 18
References
Brighton and Hove Housing Statistical Bulletin Jan-March 2015, found at: https://www.brighton-
hove.gov.uk/sites/brighton-hove.gov.uk/files/2014-15%20Q4%20Statistical%20Bulletin.pdf
Low Commission, 2014, The Business Case for Welfare Advice Services,
http://www.lowcommission.org.uk/dyn/1405934416347/LowCommissionPullout.pdf
NEF Consulting, found at: http://www.nef-consulting.co.uk/newlon-fusion-social-valuation-resident-support-
services/
Shelter, 2013, New Changes to Legal Aid Affecting Homeless People, found at:
https://england.shelter.org.uk/__data/assets/pdf_file/0003/668361/Legal_Aid_Briefing_June_update.pdf
Shelter, 'Value for Money in Housing Options and Homelessness Services, (2010)
<http://england.shelter.org.uk/professional_resources/training_and_conferences/consultancy_services>
accessed 08/11/15, p.23.
16
Ibid.
17
Ibid.
18
Op.cit. Low Commission.