GLOUCESTER LAW CENTRE ANNUAL REPORT 2017-2018 Law Centre is a registered charity which has t: 01452 423492 been providing free confidential legal advice for 33 years. f: 01452 387594 We currently advise on some areas of law on housing for e: [email protected] tenants, Welfare Benefits, Asylum and Family law. We have w: www.gloucesterlawcentre.co.uk a very limited Immigration advice service, primarily for BENEFITS victims of domestic violence here on a spouse visa and By appointment only also applying for bail. 01452 423492 Our service is generally limited to Gloucestershire, apart from Welfare Benefits, which is currently limited to tenants of HOUSING Drop-in sessions Gloucester City Homes only, although asylum has a greater Wednesday 10.00 - 12.00 catchment area. Gloucester We also attend Cheltenham & Gloucester County Court on IMMIGRATION Law Centre the Housing Possession Court Desk Scheme giving defendants By appointment only First Floor advice before they go into Court for a possession hearing. We 01452 423492 Morroway House often manage to have cases adjourned for benefit problems to be Station Road FAMILY resolved, or to give us time to build a defence and sometimes, if for By appointment only Gloucester example the notices are fault, we can have the cases thrown out. GL1 1DW 01452 423492 We advise tenants on housing matters at a drop-in session. All other advice is by appointment only. A number of clients Company limited by Guarantee. Registered in England no. 1937081. come to us by referral from other organisations. Registered Charity no. 900439. GLOUCESTER VAT registration no. 682 6209 22. RAILWAY Interpreting is available for legal aid cases only. Member of the Law Centres Network. STATION Central to our work is maintaining and developing our Kings GLOUCESTER Square BUS community involvement with our users and potential users. STATION We continue to work with other organisations to deliver excellent advice services, unfortunately we are unable to achieve our aim of moving into a building with the Citizens

Clarence St Station Rd Advice Bureau, which we hoped would improve the service. Bruton Way HM Russell St Land Registry

Whitfield Street CHAIR'S REPORT 2017-2018 limit welfare benefits to tenants of Gloucester City Homes, but we are applying for funding to increase the service back to previous levels as there is huge need out there, especially with the introduction of Universal Credit. The changes to benefits have increased the numbers of people seeking legal advice, while our capacity has reduced. The bedroom tax continues to cause a great deal of hardship, particularly to disabled clients. The Law Centre has now moved into new premises in Station Road, opposite the new bus station and behind the Disability Shop. The new premises are a great improvement and conditions are much I am delighted once again to invite you to consider the better for both workers and clients. annual report for Gloucester Law Centre. I would like to take this opportunity to give a special mention to We are proud to be an outstanding and unique organisation in all our volunteers. We have a brilliant set of volunteers, some of Gloucestershire which has been providing free, independent high- whom have been with us quite a short time and a number who quality legal advice for 33 years as a registered charity. have been with us for many years, and we simply would not be able to function without them. Some of our volunteers help to staff We provide legal representation through all levels of courts and reception and perform admin tasks and we also have experienced tribunals to those in need. Our solicitors and skilled, experienced law students who help with casework support. Some who have advisors continue to provide an excellent service to all our clients left us have moved on to full time employment. in the areas of welfare benefits, asylum, housing for tenants and family law. We provide very limited immigration advice now A thank you must also go to the paid staff who through their due to the legal aid cuts. Our client feedback forms show very diligence, patience, dedication and skills have produced excellent high satisfaction levels with our work both on a personal and results again this year professional level. I would like to sincerely thank our funders, our clients, my fellow This has been another challenging year for the Law Centre we trustees, as well as the dedicated staff and volunteers, who all work have had further cuts to our funding and this remains a huge as a team that I am proud to lead. They have enabled us to ensure threat to the future of the Law Centre. Unless alternative sources that Gloucester Law Centre continues to provide the best service of funding can be found our future is still uncertain. We already possible, with the funds available, to all the people we serve. Unrestricted Restricted Fund Fund Total SUMMARY Income and Expenditure 2018 (£) 2018 (£) 2018 (£) 2017 (£) OF Incoming Resources ACCOUNTS Incoming resources from generated funds Voluntary income Miscellaneous income and fund-raising 6,170 _ 6,170 14,309 Investment Income 221 _ 221 535 Donations _ _ 6,000

Incoming resources from charitable activities LegalAid and legal fees 178,924 _ 178,924 239,070 Grants and Contracts 87,850 87,850 149,547

Total Incoming Resources 273,165 273,165 409,462

Resources Expended Charitable activities 401,845 _ 401,845 392,144

Total Resources Expended 401,845 _ 401,845 392,144

Net Incoming Resources Net Income for the year -128,680 _ -128,680 17,318

Gain/[loss] in value of investment 2,748 _ 2,748 15,405

Total funds at 1st April 2017 401,498 _ 401,498 368,775

Total funds at 31st March 2018 275,566 _ 275,566 401,498 2018 (£) 2017 (£)

BALANCE Tangible assets SHEET as at 31st Current assets March 2018 Debtors and prepayments 22,660 33,544 Cash invested 120,980 118,232 Cash at bank 150,053 261,787 293,692 413,563

Current liabilities Creditors: amounts falling due within 12 months -18,126 -12,065

Net current assets 275,566 401,498

Net assets 275,566 401,498

Unrestricted Funds General funds 178,210 304,142 Designated funds 97,356 97,356 275,566 401,498

Restricted Funds _ _

Total funds 275,566 401,498 PUBLIC BENEFIT HOUSING REPORT possession proceedings to tenants or borrowers facing (primarily through the Court eviction who have not been We review our aims, objectives As always the housing team Desk scheme) able to access specialist advice and activities each year. This has been extremely pressured prior to the date of the hearing, n Disrepair affecting tenants’ review looks at what we this year, and the team of and every week we deal with health achieved and the outcomes 3 staff (not all employed people who have fallen into rent of our work in the previous 12 full-time) assisted over n Advice about succession or mortgage arrears through months. 900 residents with housing rights where possession is being no fault of their own. We are matters. We work with tenants sought by the landlord almost always able to negotiate The review looks at the success of of both social housing and with the landlord or lender to each key activity and the benefits n private rented properties Homelessness enable these clients to keep they have brought to those groups as well as homeless people, their homes, or where there are of people we are set up to help. The housing situation in advising and representing in Gloucester continues to be complex issues to resolve we The review also helps us ensure the following areas which are extremely difficult because of obtain adjournments so that our aim, objectives and activities covered by legal aid: an acute shortage of both social we can take the case on for the remained focused on our stated client under legal aid and file a n Repossession of the home housing and affordable privately purposes. We have referred to the defence the claim. where there are alleged rent rented property, combined guidance contained in the Charity arrears or other breaches of with a wide range of pressures Gloucester is now a full service Commission’s general guidance on tenancy, including anti-social on tenants in terms of low area for Universal Credit, public benefit when reviewing our behaviour income, benefit changes and meaning that where there aim and objectives and in planning cuts, insecurity in employment is any change in a person’s our future activities. In particular, n Injunctions for anti social and problems caused by ill- circumstances they now have the trustees consider how planned behaviour, and in some health. We are currently funded to move onto Universal Credit activities will contribute to the circumstances committal by the Legal Aid Agency to and their previous benefits such aims and objectives they have set. applications for breaches of anti- provide a Court Desk scheme as income-based jobseekers social behaviour injunctions at possession hearings in A statement by the charity allowance, income-related the local County Courts, and trustees as to whether they n Notices of eviction employment and support cover two sessions a week in have complied with the duty in allowance, child and working n Warrants of eviction Gloucester and one a fortnight section 17(5) of the Charities Act tax credits and crucially housing in Cheltenham. This scheme is 2011 to have due regard to public n Unlawful eviction benefits are immediately funded to give legal assistance benefit guidance published by the n Commission - See more at: Defending mortgage www.charitycommission.gov.uk/detailed-guidance/money-and-accounts/example-trustees-annual-reports-and-accounts/#sthash.9WYG7iys.dpuf stopped. This is causing serious health issues, and was previously why she has been unable to pay able to prevent evictions and at hardship and a large percentage in receipt of Employment and her rent. the same time raise significant of the rent arrears cases we deal Support Allowance. When sums in additional housing with at Court are where rent we checked her most recent We are also seeing ever- benefit which goes straight arrears have risen sharply whilst Universal Credit payment details, increasing numbers of clients into tenants’ rent accounts thus the tenant has been waiting for we found that her total payment who have been refused any assisting GCH to reduce their Universal Credit to come into before ‘adjustments’ for the homeless assistance by their arrears figures payment. There has been much month was £717.82. This included local authority because of publicity about the problems £400 for her rent, although her findings that they are not CASE STUDY caused by the six weeks or actual rent is £476-67 per month. vulnerable and therefore not in We assisted Ms P at Court more waiting periods, and She is being underpaid because priority need, or that they are after GCH had applied for a we can confirm that this does Universal Credit have wrongly intentionally homeless. We have possession order because of indeed cause huge hardship. decided she is a private tenant. been able to assist a number of rent arrears. We established However there has been This means that after paying her clients this year to successfully that Ms P’s housing benefit had less publicity about ongoing full rent, which she really needs challenge such decisions. been reduced to 50 pence per hardship once Universal Credit to do to try to prevent eviction, week because she was subject is in payment, caused often by she should be left with £241-15 to We continue to work very to the benefit cap. We were huge deductions to the monthly live on for the month, which is in closely with Gloucester City able to persuade the Judge to payment leaving a totally itself well below the poverty line. Homes, and are grateful for the adjourn the case, and referred inadequate amount of money However it doesn’t stop there, ongoing funding they provide the matter to the benefits for the client to live on. as there are deductions from to us for benefits advice to their adviser who assisted Ms P to this amount of £29 per month tenants. The housing team liaise apply for discretionary housing CASE STUDY to recover an advance payment closely with the benefits adviser payments including a lump sum A recent example of the way made to her, £47-67 for recovery funded by GCH, referring clients back payment. The application Universal Credit is plunging of a tax credit overpayment, and seen at Court to him and also was successful and the rent tenants into crisis is Ms D, who £79-45 for rent arrears. After obtaining adjournments of cases arrears were reduced to a level is facing a possession claim by these deductions are taken, Ms to allow him to resolve benefits where the court adjourned the her landlord, a social housing D is left with £85.13 per month, issues. We also receive referrals matter generally on payment provider, because of rent arrears. or £19-65 per week to live on, direct from arrears officers. of the remaining arrears by Ms D is unable to work because assuming she pays her full rent. This is an arrangement which instalments, rather than making of a learning disability and mental It is not difficult to understand benefits everyone, as we are a possession order. FAMILY DEPARTMENT and always supervised by her. This Guidance has been helpfully This process of bringing the REPORT Through the Court process he revised (October 2017) to deal evidence to a Finding of Fact now has an order that he can with an expanded definition hearing is in itself abusive to Following previous Family see his child, and this is not of domestic abuse, to include a survivor. The fundamentals Department reports, this supervised by the child’s mum. controlling and coercive of this process need further year has confirmed that the behaviour and culturally amendment. ongoing demand for legal Two important issues which specific forms of abuse. It also advice and representation in this year’s experience has requires the Court to consider Secondly, the ongoing issue family law exceeds that which I demonstrated are: how evidence is presented and with the way that children can provide - with no apparent challenged, to avoid a survivor are Looked After by Local takers for a replacement Firstly, the way in which the being questioned in Court by Authorities. Just last week, the / additional lawyer. In very system which is designed the abuser. Further changes press highlighted that children addition, there remain the to protect children and abused are set out in the proposed are being ‘auctioned’ for foster ongoing problems with the parents achieves the opposite in Domestic Abuse Bill. placement. This is dramatic administration of legal aid that it further abuses a survivor. wording for the great difficulty - just last week, I received a For now, what hasn’t changed is Local Authorities have in finding decision which apparently In private law children matters the process to reach a Finding of suitable foster placements for applied retrospectively and - which means disputes Fact hearing. troubled children and search withdrew funding for a hearing between parents as to the through private agencies. which already had happened. care of their children - where Statements must be prepared. Against this background, one or both parents make The burden of proving what For a moment, think of parents the family department has allegations of abuse then the happened rests on the survivor. whose children require such continued to provide a family Court must decide, at an early Evidence must be given and very specialised foster care and law service to challenging stage, whether there should challenged. For a survivor, this how this comes about. It is not problems and issues for a be a Finding of Fact hearing means re-visiting and re-living simply that such children are range of clients. and a judgement made as to the abusive events. It means poorly parented and end up in the allegations before further re-opening experiences which care, needing specialist foster A positive highlight was for one decisions as to the care of the survivors may have worked hard care. It is also that, whilst in father, who could only see and child. The Court must follow the to contain. the care system, these children spend time with his child where Guidance in this process. are poorly parented by their and when the mother agreed, corporate parent, the Local Authority. The checks, through the Looked After Children reviews, which is the main way parents can voice their views I would recommend the Law Centre to everyone, so helpful. simply don’t not work as they The Centre kept us up to date with everything that was happening should. I would recommend you because of the fair, precise, good adequate service you rendered In the last year, I have acted I was in a bad place and the Law Centre really helped me. You helped me for two such mothers, whose save my home children have been so badly The Law Centre helped me out lots parented in care, that they have Professional, approachable had to make the awful decision So kind and understanding NOT to seek the return of their Staff very reassuring at a difficult time child to their own care just Always so friendly and helpful and understanding because their child’s care needs We found the service provided to be very helpful and professional and were now so great. And so their would recommend you to others child remained in the care of the Couldn’t have done it without you. You did something lovely and it really very Local Authority which had meant a lot. Such a lovely house and a fresh start so badly looked after him. This Thanks for your continued support. God bless complex system of caring for children with specialist needs urgent re-structuring.

Sue Maunders Family Lawyer Gloucester Law Centre November 2018 IMMIGRATION Total amount of money REPORT brought in this year for our clients: We have continued to act for a large number of unaccompanied asylum- seeking children coming to the Law Centre for help again this year.

They are often extremely We also receive many requests We are currently advertising for traumatised and need a lot of for help for immigration matters a locum immigration and asylum help and support in order to try but sadly we are only able to adviser for maternity cover, but GENDER to gain their trust so that they help in limited areas of law. so far, we have been unable to BREAKDOWN can open up about what has We can help with victims of recruit. We are managing to happened to them, and then domestic violence who are support current clients with the engage with the legal process. here on a spouse visa where help of an adviser in another 713 1232 This can be very distressing as their stay is due to expire, and Law Centre but cannot take on they have to re-live sometimes some bail cases for immigration any new cases at the moment. appalling incidents which have clients. All other immigration In common with many other led to them fleeing their home work is outside the scope legal legal aid providers we are countries. Often we will need aid, so we have to turn people finding it very difficult to recruit to see a child, accompanied away as our funding is now so advisers with the relevant by a social worker or other limited. We are unable to offer qualifications. The restrictions responsible adult, on many pro bono advice as we have no on legal aid scope in recent occasions before we can build funding for this. years has meant that there are AGE a full picture so as to put their far fewer people training in legal BREAKDOWN best case in the asylum process. aid areas of work and this is 0 - 16 9 producing a recruitment crisis. 17 - 24 136 25 - 34 488 35 - 49 692 50 - 64 511 65 + 109 DISTRIBUTION BY WARD Abbeydale 14 Abbeymead 24 37 Barton & Tredworth 227 Brockworth 28 Cheltenham 141 Coney Hill 69 Cotswold 7 Elmbridge 24 Forest of Dean 77 Grange 40 CASE ETHNIC 36 BREAKDOWN Kingsholm & Wotton 109 BREAKDOWN Housing 920 Other 35 Kingsway 52 Immigration/Asylum 45 Longlevens 31 White British1 403 Welfare Benefits 870 White Irish 13 Matson & Robinswood 267 Employment 1 Moreland 170 Black or Black British African 66 DISABILITY Family 109 Black or Black British Caribbean 100 BREAKDOWN Podsmead 108 Black or Black British Other 38 Deaf 2 Fieldcourt 35 Asian or Asian British Indian1 4 Hearing Impaired 3 Quedgeley Severn Vale 22 Asian or Asian British Pakistani 13 Learning Disability/Difficulty 46 Stroud 76 Asian or Asian British Bangladesh i8 Long-Standing Illness or Health Condition 537 Tewkesbury 28 Chinese 8 Mental Health Condition 325 95 Mixed White and Black Caribbean 44 Mobility Impairment 83 Westgate 181 Mixed White and Black African 1 Not considered disabled 927 Outside City 39 Mixed Other 6 Other 2 Not known 8 White Other 171 Physical Impairment 15 Asian or Asian British Other 20 Unknown 2 Unknown / Refused 3 Visually Impaired 3 WELFARE Gloucester residents and hope income because of official error. total in benefit gains since our BENEFITS to be able to report that we have In such cases we will be seeking contract with GCH started is been successful in achieving this ex-gratia payments and where £3,367,000. As always this has been a very aim in next year’s annual report appropriate, compensation from busy year for the welfare the DWP. Here are examples of some of benefits team. In February 2018 Gloucester the cases we have advised on became a full-service area Because of sanctions, very high this year: Because of sustained cuts to for Universal Credit. With a deductions made to third parties our funding since 2013, we have few exceptions any new claim for rent, utility bills fines etc. 1. In April Mrs D’s daughter very reluctantly, and hopefully for a means tested benefit in the Bedroom Tax and Benefit came to see us on her behalf for the time being only, had Gloucester now has to be for Cap, we regularly see claimants because Mrs. D has agoraphobia to restrict the provision of Universal Credit rather than whose net income is well below and is unable to leave her home. benefits advice to Gloucester for the legacy benefits, it is the level it would have been Her HB had been cancelled City Homes tenants only. This replacing. under the old legacy benefits. because of a non-dependent is because they are the only For many of our clients there is deduction at the highest rate organisation which currently We have already seen lots of no longer a safety net and it is in respect of her daughter who funds us to do benefits work. As instances where people have becoming increasingly difficult is working. We helped Mrs. D a consequence, for the first time been wrongly advised that they as advisers to find solutions to to make a claim for Personal in the Law Centre’s thirty three need to claim legacy benefits mitigate the extreme poverty Independence Payment and year history we are no longer rather than Universal Credit, which people are forced into by at the same time asked the able to provide benefits advice or vice versa. As a result, there the introduction of Universal Council to review their decision to all Gloucester citizens. This has been a delay in claiming Credit. that she was no longer entitled comes at a time when due to the correct benefit which to Housing Benefit. Because the roll out of Universal Credit, has led to them being in rent Our contract with Gloucester we knew that the Personal there is a greater need than ever arrears and suffering genuine City Homes (GCH) to provide Independence Payment claim before for expert independent hardship. Because Universal specialist benefits advice to their would take several months to advice. Credit can only be backdated tenants is now in its sixth year. process we were able to advise for a maximum of one month In 2017/18 we provided advice Mrs. D that if her claim was We are seeking alternative and only then in very restricted which resulted in their tenants successful it would mean that funding so that we can re-instate circumstances people can lose receiving additional benefit to the non-dependent deduction the benefits advice service for all out on significant amounts of the tune of £745,376 and the from her Housing Benefit would no longer apply. If we waited 2. Ms. S. who is a Polish national previous address and awarded for the outcome of her Personal sought advice from us because her benefit at her new address Independence Payment claim the Council had decided that she from her tenancy start date, before challenging the Housing didn’t have the right to reside in thus preventing her from being Benefit decision the Council the UK for benefit purposes. The evicted. may have said that her appeal Council’s view was that having was out of time and that any completed her maternity leave 3. Mr. J was referred to us by new claim for Housing Benefit and not returned to work she no one of the GCH income officers could only be backdated for one longer had the right to reside. to see if he would qualify for a month. As a consequence, the Council discretionary housing payment. said that she had been overpaid After going through his income At the end of June Mrs. D Housing Benefit of £1923 at her and expenditure details with him received a letter from the previous Gloucester City Homes it was apparent that he wouldn’t DWP to tell her that her claim address and that she wasn’t qualify for a discretionary for Personal Independence entitled to Housing Benefit on housing payment because his Payment had been refused. her new starter tenancy. We income was sufficient to meet We helped her to appeal and helped Ms. S. to appeal against his outgoings. However, a full unusually in November the the Council’s decision and after benefit check, which we routinely DWP revised their decision in seeking an opinion from the carry out for all clients, revealed her favour without her having Advice on Individual Rights in that he wasn’t receiving a severe to attend a tribunal. Her weekly Europe Centre in London, we disability premium, which he award of Personal Independence were able to successfully argue should have been getting as part Payment was £76.90. that she did have the right of his Employment and Support to reside and so was entitled Allowance. When we contacted We then helped her to re-claim to Housing Benefit. This was the DWP to point this out to Housing Benefit asking the because following a landmark them they accepted that Mr. J Council to revise their previous European Union case, she could should have been getting this decision. She was awarded a show that she had retained her additional premium since April weekly amount of £74.13 and status as a worker. The Council 2014 and awarded him an extra received arrears of £2346.09. agreed that she no longer £62.45 per week and arrears of had an overpayment at her £10,524.

ACKNOWLEDGEMENTS We would like to thank our funders Gloucester City Council Thanks for one-off grants from: The Legal Aid Agency n The Advice Services Transition Fund Gloucestershire County Council n Lloyds TSB Foundation Gloucester City Homes

We would also like to thank: Our grateful thanks to Dave Thorp of the Workshop for designing and producing this annual report. Thank you also to our clients who have made donations to the Law Centre during the past twelve months, and once again we have relied heavily on the goodwill and support from members of our Board of Trustees and our volunteers. Our services could not function properly without them, and we are extremely gratefulfor all their help, hard work and commitment.