Scots face postcode eviction lottery from Scottish Government approach; 150,000 Scots denied protection from bedroom tax evictions

Scotland's Housing Minister has written to the Scottish Parliament's Petitions Committee rejecting GLC's call for legislation to prevent bedroom tax evictions in Scotland, and instead has suggested the approach of Dundee City Council (DCC) is to be preferred.

The temporary one year approach of DCC involves not evicting council tenants for bedroom tax arrears 'where the Director of Housing is satisfied that affected tenants are doing all they can be reasonably expected to in order to avoid falling into arrears'.

GLC believes DCC's approach is a step in the right direction - albiet we prefer an independent and impartial court based solution  - but remain puzzled as to how the Scottish Government can on the one hand support DCC's approach to no evictions for bedroom tax arrears, yet fail to ensure that all tenants of social landlords enjoy the same approach in Scotland? 

Only a handful of Scotland's councils have agreed to the approach embraced by the Housing Minister, which means there are approximately 150,000 Scots who reside in tenancies in the social rented sector exposed to a postcode eviction lottery from the bedroom tax. Many of these Scots are particulary vulnerable through disabilities, physical or mental ill-health, or financial exclusion.

None of the half a million or so Scots who reside in housing association properties are being offered any protection against bedroom tax eviction from the Scottish Government DCC approach, nor are the vast majority of council tenants in Scotland offered any hope - despite the fact, the Scottish Government could easily legislate to provide the same protection for all Scots in the social rented sector, which the Housing Minister believes is right and proper for a handful of council tenants to currently enjoy.

GLC believes that the Scottish Government has a responsibility to ensure that all tenants of social landlords in Scotland enjoy the same equality of protection against eviction for bedroom tax arrears; and that at the very least, the Scottish Ministers should use their powers to ensure all such tenants have the same equality of protection which the Housing Minister's supports in her letter to the Petitions Committee.

Scots face postcode eviction lottery from Scottish Government approach; 150,000 Scots denied protection from bedroom tax evictions

GLC informační průvodce - Govan Law Centre publishes its 'Challenge the Bedroom Tax Toolkit' in Czech

Govan Law Centre (GLC) has published its highly successful 'Bedroom Tax Toolkit' in Czech, and is distributing the Czech version of its toolkit through Govanhill Law Centre to assist members of the EU migrant worker communities in Glasgow. The Czech version of GLC's bedroom tax toolkit is freely available here.

GLC's 'Challenging the Bedroom tax Toolkit', aims to provide people with a means to utilise their rights of review and appeal in law, in terms of changes in the eligibility rules to UK housing benefit from the new 'under-occupancy' rules, which came into force last month.  

The GLC bedroom tax toolkit was developed to protect our clients and other tenants across the UK, including in terms of the 'anti-test case' social security rules, whereby if future legal challenges to the bedroom tax were successful (there are over 10 judicial reviews ongoing across the UK at present) people would be able to receive back payments, subject to any successful court challenge.

GLC has been careful not to give false hope to people; we are empowering and enabling people to act upon their human rights to challenge bedroom tax and housing benefit decisions. Legal arguments are untested, although there are some decisions which point in the favour of disabled tenants in particular in the UK.

GLC's toolkit has been e-mailed to over 7,000 people across the UK by us directly, and has been distributed many times more through social media and online resources, and is available through a number of advice agency websites, including Shelter Scotland, Shelter Wales and Birmingham Law Centre.

GLC informační průvodce - Govan Law Centre publishes its 'Challenge the Bedroom Tax Toolkit' in Czech

GLC to discuss impact of bedroom tax for Scots with learning disabilities at Scottish Parliament

Govan Law Centre (GLC) will address members of the Scottish Parliament's Cross-Party Group for Learning Disability this afternoon on the impact of the 'bedroom tax' on Scots with learning disabilities.

The Cross-Party Group chaired by Jackie Baillie MSP, Convenor, and Jim Eadie MSP, Deputy Convenor, will be provided with an update on GLC's 'No eviction for bedroom tax' campaign - which is due to call again before the Parliament's Petitions Committee on Tuesday 25 June 2013 - and a report on the uptake across Scotland and the UK of GLC's Challenge the Bedroom Tax 'Toolkit'. 

The Parliamentary Group will be presented with real life examples of casework from GLC's Alistair Sharp and Gary Burns. Our case studies aim to highlight the particular issues surrounding those with a learning disability in relation to the bedroom tax. We will highlight the recurring issues and particular problems facing someone with learning difficulties, and what organisations can do in order to offer support in relation to the bedroom tax and other welfare reform. 

GLC aims to demonstrate how people with learning difficulties may have problems in asserting their legal rights, and in many cases may require coordinated access to other agencies. GLC will explain how small changes to an agency's practice can help provide positive solutions and better outcomes for Scots with learning disabilities.

GLC to discuss impact of bedroom tax for Scots with learning disabilities at Scottish Parliament

Sheriff Principal rules 'sheriff went too far too quickly by granting decree': Bank of Scotland v. Gallacher judgment

Sheriff Principal Bowen Q.C. has ruled that a sheriff at Glasgow Sheriff Court 'went too far too quickly by granting decree on the basis of the information he had before him'.

In the case of Bank of Scotland v. Gallacher, the defender's solicitor has sought a continuation, which was refused and had thereafter sought to state a defence and fix an evidential hearing; the sheriff had refused to fix a proof and proceeded to grant decree on the information before him, which included undisputed mortgage arrears of over £18,000.

The defender's solicitor had argued that the court at first instance had failed to properly take into account certain factors which he was required to do by statute before he proceeded to exercise his discretion. It was argued that the sheriff had proceeded to grant decree on the basis of certain assumptions, when he ought to have fixed an evidential hearing to reach a proper determination of questions of fact. Nothing had been said to the sheriff about the ability of the defender to find alternative accommodation (one of the factors in s.24(7) of the Conveyancing and Feudal Reform (Scotland) Act 1970).

The Sheriff Principal had sympathy with the view that the circumstances as disclosed were sufficient to raise substantial doubt as to whether there was any real prospect of the defender meeting his obligations under the standard security within a reasonable time. But the Sheriff Principal said 'I am clear that the requirement to "have reagrd to" the ability of the defender to secure alternative accommodation cannot be met by a lack of information or the absence of a request for a continuation to secure accommodation ... The provision of [the ability of the debtor and any other person residing at the security subjects to secure reasonable alternative accommodation, 24(7)(e), 1970 Act] is, however, an important one to which more than lip service should be paid'.

Agents for the pursuers were Irwin Mitchell Solicitors - Ms Scott; while the defender was represent by Govan Law Centre - Mr Dailly. The judgment is available here as a PDF.

Sheriff Principal rules 'sheriff went too far too quickly by granting decree': Bank of Scotland v. Gallacher judgment

GLC to host Recent Developments in Judicial Review seminar on Friday 10 May 2013

Govan Law Centre is hosting a seminar on Recent Development in Judicial Review: Procedure and Practice on Friday 10 May 2013 at the Orkney Street Enterprise Centre, 18-20 Orkney Street, Govan. Registration is from 9.30am, and the event runs from 10am to 12.30pm.

Mungo Bovey Q.C. will provide a presentation entitled 'Article 8 and the death of exceptionality', while Dan Byrne, Advocate will provide an update on developments in judicial review procedure. Places cost £40 and bookings can be made by contacting Anne Taylor: e-mail admin@ edlaw.org.uk or call 0141 440 2503.

GLC to host Recent Developments in Judicial Review seminar on Friday 10 May 2013