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Written Question
First-tier Tribunal: Land and Property
Friday 7th April 2023

Asked by: Lord Kennedy of Southwark (Labour - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what plans they have, if any, to make the First-tier Tribunal (Property Chamber) process (1) better known, and (2) easier for people to understand.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

In dealing with applications, appeals and references relating to disputes over property and land and as part of the Unified Tribunal System, the Property Chamber has been specifically designed to provide a more effective, accessible and lower cost alternative to court. The procedural rules, which govern how cases are handled, require that the Tribunal deals with cases proportionately and that all parties are able to fully participate in the proceedings.

Information about the Property Chamber, including guidance on how to make an appeal or reference, is available on the GOV.UK website. All tribunal processes are kept under review, but there are no current plans to revise those of the Property Chamber.


Written Question
Legal Profession: Voluntary Work
Wednesday 30th November 2022

Asked by: Lord Kennedy of Southwark (Labour - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what assessment they have made of the value to (1) individuals, and (2) families, of pro bono legal work undertaken by lawyers.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

The Ministry of Justice has not specifically assessed the value of pro bono work to either family or individuals. However, research conducted by KPMG in 2017 indicates that the pro bono time dedicated by legal professionals was worth approximately £439 million in 2017. Additionally, the Bar Council suggest that 4,618 barristers have done pro bono work in the last year.

The Government highly values the legal sector’s contributions through pro bono work and the benefits this work provides.


Written Question
Protection From Eviction Act 1977: Prosecutions
Friday 29th July 2022

Asked by: Lord Kennedy of Southwark (Labour - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government how many prosecutions have been brought under the Protection from Eviction Act 1977 for (1) harassment, and (2) unlawful eviction, by each police force in England and Wales in 2020 and 2021.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

The Ministry of Justice publishes information on the number of prosecutions, for the years 2017 to 2021, in England and Wales, in the Outcomes by Offence data tool 2021 (MS Excel Spreadsheet, 21 MB). An extract of this tool is provided alongside this response with the requested figures in. Instructions on how to access this data are also included below.

In the Outcomes by Offence data tool:

  • Select the ‘Prosecutions and Convictions’ worksheet.

  • Filter by HO offence code and select the following offences:

  • 08701 - Unlawful eviction of occupier (Contrary to section 1(2) and (4) of the Protection from Eviction Act 1977)

  • 08702 - Unlawful harassment of occupier (Contrary to section 1(3A) and (4) of the Protection from Eviction Act 1977)

  • Move the Police Force Area filer to the rows area for a breakdown by PFA.

The following HO offence code may also be of interest:

  • 08703 - Protection of occupiers against eviction and harassment (S.210 Housing Act 2004 and S.3 Caravan Sites Act 1968)

If the police were to charge a different offence, such as common assault, that would not be included in the attached table.


Written Question
Protection from Eviction Act 1977: Prosecutions
Monday 22nd March 2021

Asked by: Lord Kennedy of Southwark (Labour - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government how many successful prosecutions there were under the Protection from Eviction Act 1977 for (1) harassment, and (2) unlawful eviction, offences broken down by each police force in England and Wales in each of the past three financial years.

Answered by Lord Wolfson of Tredegar

The Ministry of Justice holds data on prosecutions and outcomes for offences regarding harassment and unlawful eviction under the Protection from Eviction Act 1977 in England and Wales, up to the year ending December 2019.

The following are the offences that were considered:

  • Unlawful eviction of occupier
  • Unlawful harassment of occupier

Figures can be found on the tables below.

Table 1a: Prosecutions and convictions for unlawful eviction of occupier under the Protection from Eviction Act 1977, by financial year(1)(2)(3)

Prosecutions

Convictions

Police Force Area

2016/17

2017/18

2018/19

2016/17

2017/18

2018/19

Avon and Somerset

0

0

1

0

0

0

Bedfordshire

0

0

0

0

0

0

Cambridgeshire

0

4

2

0

2

0

Cheshire

4

0

0

4

0

0

City of London

0

0

0

0

0

0

Cleveland

0

1

0

0

0

0

Cumbria

0

0

0

0

0

0

Derbyshire

0

0

0

0

0

0

Devon and Cornwall

1

0

0

1

0

0

Dorset

0

0

0

0

0

0

Durham

0

0

0

0

0

0

Dyfed-Powys

0

0

0

0

0

0

Essex

1

2

0

1

2

0

Gloucestershire

0

0

0

0

0

0

Greater Manchester

0

0

1

0

0

0

Gwent

0

0

0

0

0

0

Hampshire

0

1

0

0

1

0

Hertfordshire

1

0

0

0

1

0

Humberside

1

2

2

1

2

0

Kent

0

0

0

0

0

0

Lancashire

0

0

0

0

0

0

Leicestershire

0

0

0

0

0

0

Lincolnshire

0

0

1

0

0

1

Merseyside

0

0

0

0

0

0

Metropolitan Police

2

5

8

2

3

2

Norfolk

0

0

0

0

0

0

North Wales

0

0

0

0

0

0

North Yorkshire

0

0

0

0

0

0

Northamptonshire

2

0

0

0

1

0

Northumbria

0

0

3

0

0

1

Nottinghamshire

0

0

1

0

0

1

South Wales

0

0

0

0

0

0

South Yorkshire

4

2

5

3

2

4

Special/miscellaneous and unknown police forces

0

0

0

0

0

0

Staffordshire

0

0

0

1

0

0

Suffolk

0

0

0

0

0

0

Surrey

0

0

0

0

0

0

Sussex

0

1

0

0

1

0

Thames Valley

2

0

2

2

0

2

Warwickshire

0

0

1

0

0

0

West Mercia

3

0

0

3

0

0

West Midlands

2

0

2

1

0

1

West Yorkshire

0

1

1

0

0

1

Wiltshire

0

0

0

0

0

0

Total

23

19

30

19

15

13

Table 1b: Prosecutions and convictions for unlawful harassment of occupier under the Protection from Eviction Act 1977, by financial year(1)(2)(3)

Prosecutions

Convictions

Police Force Area

2016/17

2017/18

2018/19

2016/17

2017/18

2018/19

Avon and Somerset

0

0

1

1

0

0

Bedfordshire

0

0

0

0

0

0

Cambridgeshire

3

1

0

1

1

0

Cheshire

1

0

0

0

0

0

City of London

0

0

0

0

0

0

Cleveland

0

0

0

0

0

0

Cumbria

0

0

0

0

0

0

Derbyshire

0

0

0

0

0

0

Devon and Cornwall

0

0

0

0

0

0

Dorset

0

0

0

0

0

0

Durham

0

0

0

0

0

0

Dyfed-Powys

0

0

0

0

0

0

Essex

0

0

1

0

0

0

Gloucestershire

0

0

0

0

0

0

Greater Manchester

3

0

0

0

0

0

Gwent

0

0

0

0

0

0

Hampshire

0

0

0

0

0

0

Hertfordshire

0

0

0

0

0

0

Humberside

5

2

4

4

0

1

Kent

0

0

0

0

0

0

Lancashire

0

0

0

0

0

0

Leicestershire

0

0

0

0

0

0

Lincolnshire

0

0

1

0

0

0

Merseyside

0

0

2

0

0

1

Metropolitan Police

7

2

7

7

2

2

Norfolk

0

0

0

0

0

0

North Wales

0

0

0

0

0

0

North Yorkshire

0

0

0

0

0

0

Northamptonshire

0

1

0

0

1

0

Northumbria

0

0

0

0

0

0

Nottinghamshire

0

0

2

0

0

0

South Wales

0

0

3

0

0

0

South Yorkshire

10

1

0

5

2

0

Special/miscellaneous and unknown police forces

0

0

0

0

0

0

Staffordshire

0

4

2

0

3

1

Suffolk

0

0

0

0

0

0

Surrey

1

0

0

1

0

0

Sussex

0

0

0

0

0

0

Thames Valley

0

0

3

0

0

0

Warwickshire

1

0

0

1

0

0

West Mercia

0

0

0

0

0

0

West Midlands

2

0

1

2

0

0

West Yorkshire

1

0

0

1

0

0

Wiltshire

0

0

0

0

0

0

Total

34

11

27

23

9

5

PQ HL13982; PQ HL13983

Source: MoJ Court Proceedings Database

(1) The figures presented relate to defendants for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe

(2) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

(3) A defendant who is sent from magistrates’ courts to the Crown Court may not have both courts' processes complete within the same year. Defendants who appear before both courts may also be convicted at the Crown Court for a different offence to that for which they are counted as having been originally proceeded against at magistrates’ court, where the offence is changed after committal. This means that for a given year convictions may exceed prosecutions or sentences may not equal convictions


Written Question
Protection from Eviction Act 1977: Prosecutions
Monday 22nd March 2021

Asked by: Lord Kennedy of Southwark (Labour - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government how many prosecutions have been brought under the Protection from Eviction Act 1977 for (1) harassment, and (2) unlawful eviction, offences by each police force in England and Wales in each of the past three financial years.

Answered by Lord Wolfson of Tredegar

The Ministry of Justice holds data on prosecutions and outcomes for offences regarding harassment and unlawful eviction under the Protection from Eviction Act 1977 in England and Wales, up to the year ending December 2019.

The following are the offences that were considered:

  • Unlawful eviction of occupier
  • Unlawful harassment of occupier

Figures can be found on the tables below.

Table 1a: Prosecutions and convictions for unlawful eviction of occupier under the Protection from Eviction Act 1977, by financial year(1)(2)(3)

Prosecutions

Convictions

Police Force Area

2016/17

2017/18

2018/19

2016/17

2017/18

2018/19

Avon and Somerset

0

0

1

0

0

0

Bedfordshire

0

0

0

0

0

0

Cambridgeshire

0

4

2

0

2

0

Cheshire

4

0

0

4

0

0

City of London

0

0

0

0

0

0

Cleveland

0

1

0

0

0

0

Cumbria

0

0

0

0

0

0

Derbyshire

0

0

0

0

0

0

Devon and Cornwall

1

0

0

1

0

0

Dorset

0

0

0

0

0

0

Durham

0

0

0

0

0

0

Dyfed-Powys

0

0

0

0

0

0

Essex

1

2

0

1

2

0

Gloucestershire

0

0

0

0

0

0

Greater Manchester

0

0

1

0

0

0

Gwent

0

0

0

0

0

0

Hampshire

0

1

0

0

1

0

Hertfordshire

1

0

0

0

1

0

Humberside

1

2

2

1

2

0

Kent

0

0

0

0

0

0

Lancashire

0

0

0

0

0

0

Leicestershire

0

0

0

0

0

0

Lincolnshire

0

0

1

0

0

1

Merseyside

0

0

0

0

0

0

Metropolitan Police

2

5

8

2

3

2

Norfolk

0

0

0

0

0

0

North Wales

0

0

0

0

0

0

North Yorkshire

0

0

0

0

0

0

Northamptonshire

2

0

0

0

1

0

Northumbria

0

0

3

0

0

1

Nottinghamshire

0

0

1

0

0

1

South Wales

0

0

0

0

0

0

South Yorkshire

4

2

5

3

2

4

Special/miscellaneous and unknown police forces

0

0

0

0

0

0

Staffordshire

0

0

0

1

0

0

Suffolk

0

0

0

0

0

0

Surrey

0

0

0

0

0

0

Sussex

0

1

0

0

1

0

Thames Valley

2

0

2

2

0

2

Warwickshire

0

0

1

0

0

0

West Mercia

3

0

0

3

0

0

West Midlands

2

0

2

1

0

1

West Yorkshire

0

1

1

0

0

1

Wiltshire

0

0

0

0

0

0

Total

23

19

30

19

15

13

Table 1b: Prosecutions and convictions for unlawful harassment of occupier under the Protection from Eviction Act 1977, by financial year(1)(2)(3)

Prosecutions

Convictions

Police Force Area

2016/17

2017/18

2018/19

2016/17

2017/18

2018/19

Avon and Somerset

0

0

1

1

0

0

Bedfordshire

0

0

0

0

0

0

Cambridgeshire

3

1

0

1

1

0

Cheshire

1

0

0

0

0

0

City of London

0

0

0

0

0

0

Cleveland

0

0

0

0

0

0

Cumbria

0

0

0

0

0

0

Derbyshire

0

0

0

0

0

0

Devon and Cornwall

0

0

0

0

0

0

Dorset

0

0

0

0

0

0

Durham

0

0

0

0

0

0

Dyfed-Powys

0

0

0

0

0

0

Essex

0

0

1

0

0

0

Gloucestershire

0

0

0

0

0

0

Greater Manchester

3

0

0

0

0

0

Gwent

0

0

0

0

0

0

Hampshire

0

0

0

0

0

0

Hertfordshire

0

0

0

0

0

0

Humberside

5

2

4

4

0

1

Kent

0

0

0

0

0

0

Lancashire

0

0

0

0

0

0

Leicestershire

0

0

0

0

0

0

Lincolnshire

0

0

1

0

0

0

Merseyside

0

0

2

0

0

1

Metropolitan Police

7

2

7

7

2

2

Norfolk

0

0

0

0

0

0

North Wales

0

0

0

0

0

0

North Yorkshire

0

0

0

0

0

0

Northamptonshire

0

1

0

0

1

0

Northumbria

0

0

0

0

0

0

Nottinghamshire

0

0

2

0

0

0

South Wales

0

0

3

0

0

0

South Yorkshire

10

1

0

5

2

0

Special/miscellaneous and unknown police forces

0

0

0

0

0

0

Staffordshire

0

4

2

0

3

1

Suffolk

0

0

0

0

0

0

Surrey

1

0

0

1

0

0

Sussex

0

0

0

0

0

0

Thames Valley

0

0

3

0

0

0

Warwickshire

1

0

0

1

0

0

West Mercia

0

0

0

0

0

0

West Midlands

2

0

1

2

0

0

West Yorkshire

1

0

0

1

0

0

Wiltshire

0

0

0

0

0

0

Total

34

11

27

23

9

5

PQ HL13982; PQ HL13983

Source: MoJ Court Proceedings Database

(1) The figures presented relate to defendants for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe

(2) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

(3) A defendant who is sent from magistrates’ courts to the Crown Court may not have both courts' processes complete within the same year. Defendants who appear before both courts may also be convicted at the Crown Court for a different offence to that for which they are counted as having been originally proceeded against at magistrates’ court, where the offence is changed after committal. This means that for a given year convictions may exceed prosecutions or sentences may not equal convictions


Written Question
Interim Management Orders
Monday 22nd March 2021

Asked by: Lord Kennedy of Southwark (Labour - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government how many interim management orders were made by the First Tier Tribunal (Property Chamber) in each of the last three financial years.

Answered by Lord Wolfson of Tredegar

HM Courts & Tribunal Services understands the reference to “interim management orders” to be interim Empty Dwelling Management Orders (EDMOs).

The First-tier Tribunal (Property Chamber) does not make interim EDMOs. Local authorities make interim EDMOs and seek authorisation by the Tribunal.

The Tribunal has a number of EDMO-related jurisdictions. The table below shows the total number of EDMO-related decisions issued for the three full financial years.

Full financial years

Number of Decisions*

2017/2018

10

2018/2019

5

2019/2020

5

*All EDMO cases types and all outcomes

Data source: Operationally Sourced Case Management Data

The above data was generated on a different date to the information contained in quarterly published statistics and was produced specifically for this enquiry.

Although care is taken when processing and analysing the data, the details are subject to inaccuracies inherent in any large-scale recording system and is the best data that is available at the time of this publication


Written Question
Legal Aid Scheme
Monday 23rd November 2020

Asked by: Lord Kennedy of Southwark (Labour - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government what progress they have made towards preventing those needing letters from GPs to access legal aid being charged for such letters.

Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)

We are working with the Department of Health and Social Care to identify what more we can do to help victims of domestic abuse access the help they need.

The Government has committed to reviewing Cross-Government Bureaucracy in General Practice, and will assess as part of this work, amongst other things, who the correct clinicians are to complete such documentation and what charge, if any, should be imposed. The British Medical Association have written to GPs to recommend that they do not charge victims of domestic abuse for the completion and signing of legal aid letters whilst this work is ongoing.

Earlier this year the Ministry of Justice widened the evidence requirements for domestic abuse victims, making it easier for victims to obtain and provide the evidence they need to access legal aid.


Written Question
Prisoners' Release
Thursday 25th June 2020

Asked by: Lord Kennedy of Southwark (Labour - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government how many prisoners have been released under the End of Custody Temporary Release scheme; and what assessment they have made of the effectiveness of the scheme.

Answered by Lord Keen of Elie

On 4 April, we announced the End of Custody Temporary Release scheme. This scheme enables risk-assessed prisoners, who are within two months of their release date, to be temporarily released from custody, as part of the national approach to managing public services during this challenging period. As of Friday 12 June, 113 offenders have been released under this scheme.

Alongside the careful release of low-risk offenders, we are also implementing our compartmentalisation strategy to manage different cohorts of the prison population, working to expedite remand cases and temporarily expanding the estate through the installation of single occupancy units. This is to strike a balance between limiting the spread of COVID-19 in prisons while ensuring the public is protected. We are providing ongoing monitoring of the scheme to assess its effectiveness as one of a number of measures in place to reduce the impact of COVID-19 in prisons.


Written Question
Reoffenders
Wednesday 27th March 2019

Asked by: Lord Kennedy of Southwark (Labour - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government what work they have done to look at offending behaviours and the reasons behind the cycle of crime and reoffending rates.

Answered by Lord Keen of Elie

We use data and evidence to understand why people offend and to design services to reduce reoffending.

We regularly review UK and international evidence to understand the drivers of offending and evaluate the interventions and services that are effective in leading people away from crime.

Evaluations of our rehabilitative initiatives such as offending behaviour programmes and education and employment services, show that they can reduce reoffending. Evaluations of our general offending behaviour programmes show that they can reduce reoffending by between 8 and 14 percentage points. Likewise, services to help get people back in to employment and prisoner learning have also shown a reduction of 6-9 percentage points on reoffending.

We also know that offending behaviour programmes work best when they are targeted according to a person’s risk of reoffending, the areas they need to address to stop offending and when the approach is adapted to their individual circumstances – for example where an offender has learning disabilities.


Written Question
Prison Sentences
Tuesday 26th March 2019

Asked by: Lord Kennedy of Southwark (Labour - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government what is their latest assessment of the effects of imprisonment for short sentences of less than six months on family relationships.

Answered by Lord Keen of Elie

Strengthening the ties individuals have with their families and friends is an important factor in reducing reoffending. While we have not undertaken a formal assessment of the effects of short prison sentences on family relationships, we know that custody more generally can have an impact on family engagement.

We are considering options to restrict the use of short custodial sentences, but we have not at this stage reached any conclusions. There is persuasive evidence showing community sentences, in certain circumstances, are more effective than short custodial sentences in reducing reoffending. The MoJ study ‘The impact of short custodial sentences, community orders and suspended sentence orders on re-offending’ published in 2015 found that over a 1-year follow up period, a higher proportion of people re-offended having been sentenced to custody of under 12 months without supervision on release than other similar people given community orders.