Granted Permission: Pensioner Continues to Fight for Access to Justice

PILC solicitors proceed at pace with Lynn’s challenge to Legal Aid Agency’s Ageist Policy

We’re relieved that we've been granted permission to bring Lynn’s case for judicial review. 

Lynn* is challenging the Legal Aid Agency, arguing that the ‘disposable income threshold’ discriminates against people above the pensionable age.

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.

Barred from accessing justice because of her age

Lynn, aged 70, was the victim of a violent crime. When she reached out for support from an organisation to help come to terms with what she experienced, she was sexually assaulted by the man who was supposed to help her.

When she set out to take legal action, Lynn was unable to get legal aid because she was on a state pension and housing benefit, rather than universal credit. 

[Read more here]

Thank you to everyone who has backed Lynn’s fight so far. It’s because of you that she’s able to bring this case without fear of adverse legal costs.  

We currently have to subsidise every single case, even where they meet the strict criteria for legal aid. It simply does not go far enough to support the people who need it the most. 

This year, we walked the London Legal Walk to raise money for PILC’s fighting fund, so that we can put the power of the law behind more cases. 

If you are able to, please donate as generously as you can.  

All the money raised allows PILC to keep challenging unlawful government policies, including those that block people from accessing the legal support that they need. Thank you.

*Not her real name