Dispelling the Myth


Your recent article 'Gimme shelter' recognises the good work that Shelter does, and that local authorities contribute to, but it perpetuates the myth that local authorities are engaged in 'bad practice' (see [2007] Gazette, 1 March, 22). That myth has been perpetuated without any factual backing over the years.



It may be surprising to hear that the Legal Services Commission (LSC) has no idea how many cases that have been initiated by legal aid housing lawyers have been won or lost. The only fact that is recorded by the commission is whether there has been a 'substantive benefit' to the tenant. That designation can be highly subjective.



That being said, the LSC has stated in its annual report that for non-family civil legal aid cases, the number of cases reporting a 'substantive benefit' was a mere 45% in 2005/2006.



With legal aid housing lawyers taking in more than £38 million from the tax payer last year, and claims on the fund rising 28% in 2006, it would seem to be relatively important for the LSC to know whether the money was being spent challenging 'bad practice' or funding misconceived challenges.



There is an urgent need for an overhaul of housing legal aid accounting, so that funds are clearly targeted towards the most deserving cases, and the myth of local authority 'bad practice' is dispelled.



Warren Bradley, Social Housing Law Association, London