Introduction

The Housing Possession Court Duty Schemes (‘HPCDS’” or ‘Scheme’) offer “on-the-day” emergency face to face advice and advocacy to anyone facing possession proceedings. Anyone in danger of eviction or having their property repossessed can get free legal advice and representation on the day of their hearing, regardless of their financial circumstances.
 
The Scheme covers the following types of proceedings at the court:
(a) Private rented possession proceedings
(b) Public/registered social landlord rented possession proceedings
(c) Mortgage possession proceedings
(d) Applications to stay/suspend execution of warrants of possession; and
(e) Clients with charging orders relating to property whereby the client is at immediate risk of losing their home through a forced sale.
 
Civil legal services in respect of housing possession are within the scope of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (‘LASPO’), and it is on that basis that funding is provided by the Legal Aid Agency (LAA) for Housing Possession Court Duty Schemes. Delivery is by providers (under contracts with the LAA), with each contract aligned to a particular scheme made up of single or multiple courts, and awarded following a competitive procurement process.
 
This survey seeks to better understand stakeholder experience of HPCDS in advance of any further legal aid tender and is aimed at anyone with an interest in the provision of advice and assistance at housing possession proceedings in civil courts in England and Wales. This will include, but is not limited to, members of the legal profession and their professional representative bodies, members of the judiciary, and legal services regulators.
 
We are aware that some questions will not be relevant for all respondents. If a particular question is not relevant, then please leave blank.
 
We would greatly appreciate a response to this survey by 10 June 2019.