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PLP’s experience of identifying and taking cuts related cases

PLP’s experience of identifying and taking cuts related cases. Clare Jennings Solicitor Public Law Project. Alternatives to JR. Make a complaint Ombudsman complaint Negotiation Mediation. Where do our cases come from?. Individuals Lawyers and advice agencies NGOs & their service users

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PLP’s experience of identifying and taking cuts related cases

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  1. PLP’s experience of identifying and taking cuts related cases Clare Jennings Solicitor Public Law Project

  2. Alternatives to JR Make a complaint Ombudsman complaint Negotiation Mediation

  3. Where do our cases come from? Individuals Lawyers and advice agencies NGOs & their service users Community groups MPs

  4. How do we strategically select which cases to run with? Does a case fit with PLP’s objectives? Is there potential for wider impact/is it an issue of strategic importance? Can JR achieve the outcome sought? Is there viable grounds for a challenge? Are there good facts? Is there the right Claimant?

  5. Problems and obstacles (and how to overcome them) Timing – a claim for JR must be brought promptly and within 3 months Funding a claim (and the risk of losing) Responses to pre-action letters Have you got the right Claimant(s)?

  6. Tips for bringing a claim: what to look out for Trust your instincts – if it feels wrong it probably is Things to look out for that may be indicative of an unlawful act: Has the public body failed to consult? If there has been a consultation has sufficient information been given to enable a meaningful response? Are the timescales for response reasonable? Is there an impact on protected equality groups that has not been considered? To the extent that consideration has been given was sufficient information gathered and appropriately analysed? Does the decision feel unfair/unreasonable/disproportionate? Identify the decision you are unhappy with and why

  7. More tips Get early legal advice (sometimes even before a decision has been made) Be clear on what your objectives are and what you hope to achieve Gather and analyse evidence

  8. How have PLP worked with NGOs and the Legal Profession? We have advised and brought claims for other NGOs and their service-users We have also been the Claimant or Intervener PLINGO

  9. Challenging funding cuts/service reductions/funding driven decisions Southall Black Sisters – JR challenge to decision to withdraw funding PCT decision to terminate funding of mental health and advocacy service Blanket reduction in funding for successful services Representations in response to a ‘minded to’ decision to discontinue funding a DV refuge Advising voluntary sector groups and drafting template response to a local authority funding cut/consultation letter Challenging a local authority’s policy of charging for respite care Failure to provide s17 support to destitute families Closure of a local authority leisure centre Challenge to MOJ decision to impose a single telephone gateway

  10. PLP as Claimant or Intervener Brought and threatened claims in our own name Intervener Factors to consider/risks

  11. PLP as the Claimant Currently challenging LSC decision to terminate specialist support contract

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