Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if she will take steps to improve access to legal aid for residential park home residents involved in disputes with site owners.

The statutory framework governing the provision of legal aid is set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and its supporting secondary legislation.

Legal aid is available for possession, homelessness and disrepair claims (when there is a serious risk of illness or injury) subject to a financial means and a merits test. Legal aid is additionally available for people facing the loss of their home on a non-means tested basis through the Housing Loss Prevention Advice Service. Legal aid is also generally in scope for judicial reviews that have the potential to produce a benefit for the individual, a member of their family, or the environment. Proceedings related to consumer law are not in scope of legal aid.

Where an issue falls outside the scope of legal aid, individuals can apply for Exceptional Case Funding (ECF), which will be granted where they can show that failure to provide legal aid will risk breaching their human rights under the European Convention on Human Rights. ECF applications are considered by the Legal Aid Agency on an individual basis and are subject to the individual qualifying on means and merits testing.