No Mad Laws campaign

4 November 2014
No Mad Laws campaign

In the face of increasing pressure on Gypsies and Travellers who do not have authorised stopping places, we have launched the No Mad Laws campaign today.

If you support the campaign, please sign the petition by following this link: http://you.38degrees.org.uk/petitions/no-mad-laws

The No Mad Laws campaign is fronted by Gypsies and Travellers and their support groups and representatives who have joined together to highlight the disastrous effect that the Coalition Government’s legal aid and judicial review reforms will have upon Gypsies and Travellers who do not have authorised stopping places due to the continuing failure of central government to ensure that there is adequate site provision.

The legal aid and judicial review reforms have been widely and heavily criticised. In the House of Lords debate on 7th May 2014 Lord Howarth said:

There are constitutional principles at stake in these regulations of bedrock importance: the principle that effective remedy should be available against arbitrary government and the principle that there should be equality under the law. Indeed, it is the rule of law itself which is in question. The law should be for the convenience of the people and not their governors. It is essential, therefore, that remedy should be available that is practical for an aggrieved citizen to seek, and that is available regardless of his personal means, against a public body that conducts itself in a manner that is unlawful, procedurally incorrect, incompetent, oppressive or unreasonable. If judicial review is not available to enable a challenge to wrongful decisions by the state or its agencies, we move away from a liberal constitution and towards executive absolutism. …..If it is unsure that legal aid will be available for the preparation of meritorious cases, then the freedom to seek judicial review is no more than the proverbial freedom of the poor man to dine at the Ritz.

Due to the legal aid reforms contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, Gypsies and Travellers on rented local authority sites are unable to get advice and assistance apart from in eviction cases and cases involving serious disrepair, and Gypsies and Travellers facing eviction from encampments by local authorities may be unable to challenge the eviction action even where the local authority are acting in defiance of government guidance. The No Mad Laws campaign makes four recommendations:

1. The legal aid regulations relating to the payment for work done on judicial review claims pre-permission should be withdrawn and legal aid should be reinstated for judicial review, subject to the usual merits criteria and eligibility provisions;

2. Trespassers should be brought back within the definition of ‘loss of home’ for the purposes of legal aid;

3. As proposed by the Low Commission ( see http://www.lowcommission.org.uk/ ), Housing Law should be brought back within scope for legal aid;

4. As the Low Commission also recommended, there should be an urgent radical overhaul of the provision of Exceptional Funding.

Click here to read a full briefing paper on the reasons for this campaign and the effects that changes to legal aid and judicial review are having on Gypsies and Travellers.

 

NO MAD LAWS CAMPAIGN 2014

SUPPORTERS

Association of Chief Police Officers

Ladislav Balaz, European Roma Network

Cathay Birch

Jeremy Browne, solicitor

Bucks and West Herts Gypsy Advocacy

Community Law Partnership solicitors

Derbyshire Gypsy Liaison Group

Friends, Families and Travellers

Garden Court Chambers

Garden Court North Chambers 

Debbie Harvey housing adviser

Alison Heine MRTPI planning consultant

Irish Community Care Merseyside

Bethan Jones

Tim Jones barrister

Kushti Bok

Leeds Gypsy and Traveller Exchange

Lester Morrill solicitors

London Gypsy and Traveller Unit

Toma Mladenov, 8 April Movement

Dr Angus Murdoch MRTPI planning consultant

National Federation of Gypsy Liaison Groups

National Travellers Action Group

One Voice 4 Travellers

Grattan Puxon, Dale Farm Association

Reverend Roger Redding

Roma Support Group

Dr Simon Ruston MRTPI planning consultant

Margaret Smith-Bendell BEM

South West Alliance of Nomads

South West Law solicitors

Tony Thomson

The Traveller Movement

Traveller Space

Travellers' Times

Travelling Ahead

David Watkinson, barrister (non-practising door tenant), Garden Court Chambers