A practical application of OU legal studies in legal advocacy for housing matters

A blog post by Stephanie Sherrin

Like many other OU students, I started a part-time law degree whilst in a completely different career, hoping to use my learning as a practical tool for positive change. A shortage of homes, inflated house prices and extensive waiting lists for social housing have contributed to a housing crisis in the UK. One key contributor, according to the National Housing Federation, is that almost 1.3 million people in England are currently waiting for a social home, forcing many low income people into the more expensive private rented sector, potentially risking homelessness. My studies have further ignited a passion for human rights and advocacy, enabling me to pursue my first legal role, working as a paralegal on the duty desk at the County Court for housing matters at a critical time in the UK. My legal studies at the OU have provided applicable skills for this rewarding role, which include:

Civil Litigation Awareness

I oversee case management for individuals seeking representation and legal aid assistance for housing matters in County Court, which has expanded key learnings from W102: Law Concepts and Perspectives, in particular the review of the civil justice system, which covered the structure and jurisdiction of the County Courts. The County Courts Act 1984 establishes the authority of County Courts in England and Wales, which deal with civil litigation. This encompasses non-criminal cases, including family matters, property disputes, contract breaches and money conflicts. However, the success of its functionality is currently being questioned. In January of this year, the Justice Committee launched a new enquiry to examine the work of the County Court amid concerns over capacity and resources. The cases that I work on mostly involve defending possession proceedings, from mortgage repossessions to private or shared housing landlord and tenant disputes. According to the Ministry of Justice, these types of claims were up 10% from July to September 2024, highlighting the increasing importance of this area of law during a critical time relating to housing in the UK.

Practical Application of Human Rights Law

W203: Public Law and Criminal Law ignited my passion for human rights law and advocacy. The European Court of Human Rights (ECHR) serves as a significant safeguard within the UK legal system in protecting the British public against domestic laws that could potentially violate their human rights. According to Article 6(1) of the European Court of Human Rights (ECHR), as incorporated into the Human Rights Act 1998, everyone has the right ‘to a fair … hearing’ in the determination of civil rights and obligations. Legal aid provides equal access to justice for people who require legal assistance but cannot afford the costs. For housing matters, legal aid funding is available regardless of the grounds for possession, as long as there is a defence, and can be made as soon as possession is sought, which means a defendant can obtain legal aid assistance as soon as a notice is served. A recurring challenge throughout the UK, however, is finding a legal aid provider. According to The Law Society, 43.6% of the population of England and Wales have no legal aid housing provider in their local authority area, referring to these areas as ‘legal aid deserts.’ I have gained a sense of purpose in helping to provide legal assistance to those that otherwise would have had to navigate the legal process alone. 

In-Depth Legal Research and Analysis

Studying an OU law degree requires in-depth legal research via legal databases including Westlaw and Lexis, and analysing this information to develop strong arguments that demonstrate an excellent understanding of a subject, and contextual understanding of the development of law over time. In possession proceedings, a valid defence can sometimes mean the difference between a defendant being housed or homeless. According to recent statistics provided by the Ministry of Justice, Section 21 ‘no-fault’ eviction notices have increased, with a significant rise in households being evicted by bailiffs. Between January-March 2024, a 19% increase in Section 21 evictions occurred, which was a 19% increase from the previous year, highlighting the ongoing risk of homelessness due to no fault evictions. Often, cases are heard by the duty desk within minutes of being brought before a judge in the County Court, which requires a quick turn-around in preparing a defence. This involves in-depth prior preparation, including researching relevant case law, statutory provisions and legal principles relating to housing law, in particular the Housing Act 1988 and recent case law. 

Legal Advocacy

Legal advocacy plays an important role in empowering individuals and organisations with the protection and advancement of their rights and interests. Yet, according to a 2023 survey by the Law Society, only 62% of people who faced a legal issue received some form of help. From W101: An introduction to law onwards, students are required to research, analyse and interpret the law to advise a hypothetical client on their specific legal problem, often problem-solving using the IRAC method. In working on defence cases within civil litigation, I have benefitted from applying legal problem solving skills into real-world scenarios to provide client advocacy, including gathering evidence, developing legal arguments and assisting the duty solicitor in any aspect required for them to present a persuasive case in County Court or during out of court negotiations. The County Court has an inherent jurisdiction to allow any person to speak on behalf of a party on a case-by-case basis, or a general basis for certain types of cases. A McKenzie Friend is a non-legal professional who can offer moral support, help with case papers, take notes, and quietly advise on legal procedure, and any relevant issues that the litigant may wish to raise in court. Effective advocacy can protect rights, drive positive change, and influence legal outcomes. 

In July 2024, the UK government announced new housing targets to deliver 1.5 million more homes in the UK to tackle what it describes as ‘the most acute housing crisis in living memory.’ Providing legal aid assistance in housing matters can provide much-needed legal advocacy to people who are experiencing housing problems such as eviction, repossession or homelessness. The OU has provided a strong foundation and built confidence to transfer a passion and learned legal skills into a rewarding role that positively contributes to legal advocacy and using the law as a force for good relating to housing matters.