Support Lynn’s struggle: Justice for Pensioners!
Support Lynn’s struggle: Justice for Pensioners!
This case is raising funds for its stretch target. Your pledge will be collected within the next 24-48 hours (and it only takes two minutes to pledge!)
Latest: July 3, 2024
Granted permission!
We’ve been granted permission to bring Lynn’s case for judicial review!
PILC solicitors can now proceed at pace with Lynn’s challenge to the Legal Aid Agency&rsq…
Read moreI have tried every route available to get justice and at every point I have been blocked. It is as though I have no rights.
Background
In 2022, Lynn*, aged 68, was the victim of a violent crime. She sought support, but instead of being helped she was sexually assaulted by a man who took advantage of his public position.
Lynn wants justice. Based solely on income from her State Pension and Housing Benefit, Lynn has been found ineligible for legal aid. Rather than giving up, she has decided to challenge the Legal Aid Agency head on and ensure that others in her situation are not excluded from accessing justice.
*not her real name
Challenge the Legal Aid Agency’s discrimination against pensioners
We need £7,000 to protect Lynn’s from adverse legal costs. Donate now and share her appeal with friends, family and colleagues so that no one is excluded from seeking justice.
All pensioners should be able to access the legal system. That's why I am bringing this case, for myself but also for all of them.
What is the issue?
The ‘disposable income threshold’ for legal aid is just £733 per month. It has remained unchanged since 2013. Her State Pension now pushes Lynn £70 over that limit. Millions of pensioners are being prevented from accessing the courts.
Even if Lynn is able to find legal representation, she will still be left liable for her legal costs in the unlikely event she loses in court. Without protection from these costs, she - and others in her position - are simply unable to access justice.
What are we doing about it?
We have fully exhausted the Legal Aid Agency’s internal appeal system. We have also asked them to exercise discretion in Lynn’s case to no avail.
The only avenue remaining to challenge this unfair rule affecting impoverished pensioners is through legal action. We will issue a claim to judicially review the Legal Aid regulations by 26 April 2023, arguing that the threshold for legal aid is discriminatory against those over the State Pension age.
Why do we need your support?
Lynn’s legal team are working on this challenge on a ‘conditional fee agreement’, meaning that Lynn will not have to pay any of her legal costs. However, we need to raise money to protect Lynn from any adverse legal costs in the event the judicial review is unsuccessful.
We believe the government’s policy is unlawful and that Lynn’s legal challenge has a strong chance of success. However, she simply cannot afford to take this risk.
Where will my money go?
All funds raised will go towards protecting Lynn from adverse legal costs in the event that the challenge is unsuccessful.
If the challenge is successful, we will ring fence the donations for future legal action.
If you’d like further information about the case or have any questions, please do not hesitate to get in touch at [email protected]
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Public Interest Law Centre
July 3, 2024
Granted permission!
We’ve been granted permission to bring Lynn’s case for judicial review!
PILC solicitors can now proceed at pace with Lynn’s challenge to the Legal Aid Agency’s ageist policy.
Thank you so much to everyone who has supported Lynn so far. Your donations help to protect her from adverse legal costs.
We’ve been granted permission on the following grounds:
The legal aid means regulations are indirectly discriminatory on the basis of age under Article 14 ECHR, within the ambit of Article 3, Article 6 and Article 8 ECHR.
The failure to give due regard to the need to prevent discrimination and disadvantages on the basis of age is a breach of the Public Sector Equality Duty (PSED).
No permission decision was made as to whether the legal aid means regulations are indirectly discriminatory on the basis of age under the Equality Act 2010. This will be dealt with at the substantive hearing.
Thank you so much for backing Lynn’s case so far. We’ll be in touch with a date for the judicial review – in the meantime, please consider donating whatever you can afford to support Lynn as she continues to fight for justice.
Public Interest Law Centre
June 3, 2024
We’ve got a court date!
Lynn’s case has been listed for an oral permission hearing at the High Court on 18 June 2024. This is when a judge will decide whether her challenge of the discrimination against pensioners accessing legal aid will be granted permission to continue.
If it is granted, Lynn’s case will proceed to a full hearing. If we lose, Lynn will have to pay the government’s legal costs.
We thank everyone for their kind support for this challenge and have extended the stretch target for the Crowdjustice fundraiser to £9,000.
Background
“I’ve tried every route available to get justice and at every point I’ve been blocked. It’s as though I have no rights.”
In 2022, Lynn*, aged 70, was the victim of a violent crime. To help come to terms with what she experienced, she reached out to an organisation that was set up to provide psychological support.
Instead of finding relief in this service, she was sexually assaulted by the man who was supposed to help her.
Barred from accessing justice - because of her age
Lynn wants justice. But when she set out to take legal action against the organisation, she was unable to get legal aid. This is because her state pension and her housing benefit mean that she’s ever so slightly over what is known as the ‘disposable income threshold’.
The threshold is set at £733. Lynn doesn’t buy luxury items, and once she’s spent money to buy food, travel, heat her home and pay all of her bills for a whole month she has limited money left for other activities. This threshold was set over ten years ago before the cost of living crisis began and food and energy prices were far, far lower.
Lynn’s age means that she must access a state pension and housing benefit rather than universal credit. If she was below the pensionable age, she would be able to get legal aid. It is purely the fact that she’s a pensioner that is preventing her from accessing justice.
“All pensioners should be able to access the legal system. That's why I’m bringing this case, for myself but also for all of them.”
Rather than give up, she’s decided to challenge the Legal Aid Agency head on. She wants to highlight that the ‘disposable income threshold’ is discriminating against people above the pensionable age.
She wants to ensure that others in her situation are not excluded from accessing justice like she is right now.
The risk to Lynn in taking this case to court
PILC solicitors have asked the Legal Aid Agency to exercise discretion in Lynn’s case to no avail. We’ve fully exhausted the Legal Aid Agency’s internal appeal system and filed her ‘judicial review’ challenging the failure to award her legal aid in the High Court.
Lynn has her first court hearing on 18 June 2024 at which the Court will decide whether her case is allowed to proceed.
PILC will never charge her for taking this case to court. Win or lose, we will be there with her to fight her case. But should the court decide to turn her case away again (or if she is unsuccessful) she’ll have to pay all of the government department’s legal fees.
Please donate anything you can afford to help protect Lynn, and help her to continue the fight so that no one is excluded from seeking justice. Thank you.
* Not her real name
All funds raised will go towards protecting Lynn from adverse legal costs should her challenge be unsuccessful. If and when Lynn is successful, all money raised will be ring-fenced for future legal action.
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