Assessing the Court System's Response to the COVID-19 Pandemic in Eviction Cases
Lead Research Organisation:
University of Hull
Department Name: Law
Abstract
The COVID-19 pandemic has had a profound effect on household debt evidenced in part by a significant increase in rent and mortgage arrears (Brady, 2020 and Wilson et al, 2021). In response, the landscape of eviction in England and Wales has changed fundamentally. Lenders, landlords, regulators and the court system have all introduced changes designed to mitigate the impact of the pandemic on households in an effort to assist them in keeping their homes, for now (see Wilson et al, 2021). With all legal claims for eviction halted until 20 September 2020, the resumption of legal proceedings has taken place under a new system known as the 'Overall Arrangements' which will operate from 20 September 2020 until 30 July 2021. In addition, a new 'Housing Possession Mediation Pilot Scheme', intended to run for six months, began on 1 February 2021. These initiatives are designed to increase opportunities for the parties to reach agreement and avoid the need for a substantive court hearing, thereby reducing the number of evictions and relieving pressure on the already overburdened court system. Given the temporary nature of these schemes, it is imperative that an assessment of their effectiveness is undertaken before the end of July 2021.
This project will achieve that aim by collecting data from, among others, occupiers threatened with eviction and legal practitioners on the frontline of eviction cases. An analysis of that data will offer a unique insight into the impact of the COVID-19 pandemic on household debt and home loss, how occupiers respond to and engage in the arrears process and the effectiveness of the new initiatives on handling possession cases. The findings of this project will contribute new knowledge to a range of academic disciplines including law, business, economics, and psychology. By working closely with key stakeholders, including housing providers, legal practitioners and the Ministry of Justice, it will also give rise to knowledge exchange and impact. It will, in particular, inform urgent policy decisions regarding both the current and future development of the eviction process and thereby assist some households in their attempts to avoid losing their home.
This project will achieve that aim by collecting data from, among others, occupiers threatened with eviction and legal practitioners on the frontline of eviction cases. An analysis of that data will offer a unique insight into the impact of the COVID-19 pandemic on household debt and home loss, how occupiers respond to and engage in the arrears process and the effectiveness of the new initiatives on handling possession cases. The findings of this project will contribute new knowledge to a range of academic disciplines including law, business, economics, and psychology. By working closely with key stakeholders, including housing providers, legal practitioners and the Ministry of Justice, it will also give rise to knowledge exchange and impact. It will, in particular, inform urgent policy decisions regarding both the current and future development of the eviction process and thereby assist some households in their attempts to avoid losing their home.
People |
ORCID iD |
| Lisa Whitehouse (Principal Investigator) |
Publications
Whitehouse, L.
(2022)
'It's good to talk, but is mediation the future for housing possession cases?'
Whitehouse, L.
(2022)
Were 'Review Dates' an Effective Part of the Response to the COVID-19 Pandemic in Housing Possession Cases in England and Wales? Views from the Frontline: Part 2
in Journal of Housing Law
Whitehouse, L.
(2021)
Housing Possession in the Time of Pandemic
in The Conveyancer and Property Lawyer
Whitehouse, L.
(2022)
Lessons for an effective possession process
in Legal Action Magazine
Whitehouse, L.
(2022)
Were 'Review Dates' an Effective Part of the Response to the COVID-19 Pandemic in Housing Possession Cases in England and Wales? Views from the Frontline: Part 1
in Journal of Housing Law
| Description | This award offered a rapid assessment of the temporary measures put in place to address the impact of the COVID-19 pandemic on the legal process of housing possession. Using data gathered from occupiers threatened with eviction, the legal practitioners who advise them, debt advisers and landlords, this award generated significant new insights into the effectiveness of those measures. Its findings suggest that while the underlying aims of the response were laudable, the measures ultimately proved ineffectual largely as a result of the extremely low take-up by occupiers and housing providers. These findings give rise to important new research questions. These include the need to learn more about why many occupiers do not engage in the housing possession process. Efforts in this respect, however, are thwarted by the lack of effective data on the number of occupiers who take advantage of free legal advice or attend court hearings and whether they are represented or not. Without that data it is impossible to make any claims regarding the reasons for non-participation and the relationship between participation and outcomes. Only by understanding the obstacles to engagement can we begin to tackle them. It is crucial therefore that innovative research is conducted to learn more about occupier engagement. Additionally, concerns were raised regarding the use of remote hearings in the civil justice system generally and possession and eviction cases in particular. Further research is needed therefore to address the significant number of issues and concerns raised before confidence can be had in the use of remote hearings. The impacts arising out of this award have offered an evidence-based response to urgent policy decisions regarding both the current and future development of the possession process. The hope is that the new research networks and collaborations generated as a result of this award will assist in generating new knowledge and meaningful impact into the future. Forging relationships with actors in the public, private and third/voluntary sectors, including Shelter, the Legal Action Group, the Housing Law Practitioners' Association, the Property Bar Association, Her Majesty's Courts and Tribunals Service and the Ministry of Justice, has and will continue to allow the research team to influence both the policy and practice of housing possession. The hope is that this award will continue to assist the civil justice system in tackling the predicted rise in housing possession cases as a result of the pandemic, reducing the burden on the court system and ultimately assisting some occupiers in avoiding the loss of their home. |
| Exploitation Route | There are currently a number of consultations, relevant to the issues explored during this project, being undertaken by the Ministry of Justice, the Civil Justice Council and Her Majesty's Courts and Tribunals Service. The recommendations set out in the report will help to inform and hopefully influence these consultations. The networks, collaborations and partnerships developed during this project will help to ensure that its outcomes will inform professional practice (legal practitioners and debt advisers) and knowledge of the housing possession process (for example through Shelter's website). The hope is that the impacts arising out of this project will offer an evidence-based response to urgent policy decisions regarding both the current and future development of the possession process. |
| Sectors | Financial Services, and Management Consultancy,Government, Democracy and Justice |
| URL | https://homematters.wordpress.hull.ac.uk/ |
| Description | Despite the short term nature of this project (a six month rapid response project) a strong foundation has been established in developing and evidencing non-academic impacts arising from the research. Professor Whitehouse continues to work with Shelter, the Legal Action Group, the Housing Law Practitioners' Association, the Property Bar Association, Her Majesty's Courts and Tribunals Service and the Ministry of Justice in ensuring credible and demonstrable routes to impact. The research has been used by these public, private and third/voluntary sectors in a number of ways: 1. Improving access to justice - Professor Whitehouse has since June 2021 been working with the Housing Law Practitioners' Association on a number of housing law related matters including as a member of their 'focus group on proposed changes in the determination of housing law cases in the civil justice system.' Other members include legal practitioners, members of the judiciary, researchers and academics. The aim is to arrive at proposals designed to improve access to justice in housing cases. 2. Improving public knowledge of housing law - The housing charity Shelter indicated that the project findings contributed to the information it includes on its website, ensuring that the millions of users who access the website are provided with up-to-date information regarding housing issues (during April 2021-March 2022, 5.1 million visits were made to their website). 3. Changing practice in the private and third/voluntary sectors - the project gave rise to a number of opportunities to share knowledge and engage with stakeholders in the private and third/voluntary sectors. A number of these engagement activities are included in other sections of this submission but include the delivery of presentations and workshops with the Institute of Money Advisers, the Property Bar Association, the South East Region Unite Community Housing Action Group, and Law Works (a charity committed to enabling access to justice through free legal advice). 4. Influencing public policy, law reform and legal processes - Professor Whitehouse has developed a strong relationship with the Ministry of Justice (MoJ), working with them to improve the legal process of housing possession. During its review of the Rental Mediation Scheme (a pilot mediation scheme introduced in response to the COVID-19 pandemic which formed part of the focus of this project), the MoJ indicated that, 'we have found your report to be really helpful... It is really useful to have a rigorous piece of work upon which to build our understanding of what happened... It will, I think, have a major impact on the MoJ's independent review.' This resulted in reference to the project's findings in the MoJ and DLUHC report 'Rental Mediation Service Pilot: Post Implementation Review' 22 February 2023, available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1138044/rental-mediation-service-pilot-post-implementation-review.pdf. In April 2022 Professor Whitehouse was invited by the Legal Education Foundation to contribute to a workshop to help the MoJ Data First team prepare a new dataset from the civil courts. This data will be made available for researchers to access via the Office for National Statistics Secure Research Service. According to the MoJ, 'By working in partnership with academics, other government departments, and wider justice sector organisations to facilitate research in the justice space, we will create a sustainable body of knowledge on justice system users and their needs, pathways and outcomes across public services. This will provide evidence for the development of government policies and progress the tackling of social and justice issues.' MoJ, 'Data First: An Introductory User Guide. Harnessing the potential of linked administrative data for the justice system,' February 2022, p. 4. As part of Professor Whitehouse's continuing work with the Ministry of Justice, she was invited in March 2022 to the MoJ's 'Possession Inception Event', a workshop designed 'to bring together the MoJ's partners and stakeholders with knowledge of the current service in order to: discuss the opportunity for Reform, validate our understanding of the current service, identify opportunities to improve the service based on users' needs and inform the rest of our activity during Discovery.' In October 2021, Professor Whitehouse took part in a roundtable discussion as part of the MoJ's call for evidence on dispute resolution. The MoJ indicated in its report that, 'the information gathered from this consultation exercise will inform the government's developing work on how to utilise dispute resolution processes to deliver swifter, more cost-effective and more consensual access to justice.' MoJ 'Call for Evidence on Dispute Resolution in England and Wales Summary of Responses,' p. 25, available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1063691/dispute-resolution-in-england-and-wales-summary-of-responses.pdf The project's report has also gained traction in other areas of law reform including its recommendation (in March 2022) by a leading King's Counsel to the Possession Proceedings User Group, a high powered working group consisting of judges, court staff, government officials, legal representatives, the advice sector, and those representing landlords and tenants, mortgage lenders and borrowers. 5. Other awards and future research - the success of this project proved influential in securing funding from the abrdn Financial Fairness Trust for a new 18-month project (beginning in October 2022) that aims to improve the lives of households in housing debt and at threat of eviction by identifying ways to improve meaningful communication between them and their housing provider, thereby reducing the likelihood of court proceedings and eviction. The project aims will be achieved through the use of innovative research techniques that will engage key stakeholders in both the design and implementation of the project. Networks and collaborations developed during the COVID-19 project have provided a strong foundation on which to build this new funded project. The findings and recommendations set out in the report have helped to inform and influence both the policy and practice of housing possession. The networks, collaborations and partnerships developed during the project will help to ensure that its outcomes continue to inform professional practice (legal practitioners and debt advisers) and knowledge of the housing possession process (for example through Shelter's website). The impacts arising out of this project have offered an evidence-based response to urgent policy decisions regarding both the current and future development of the possession process. The hope is that this research will continue to assist the civil justice system in tackling the predicted rise in housing possession cases as a result of the pandemic, reducing the burden on the court system and ultimately assisting some occupiers in avoiding the loss of their home. |
| First Year Of Impact | 2021 |
| Sector | Communities and Social Services/Policy,Government, Democracy and Justice |
| Impact Types | Societal,Policy & public services |
| Description | Contribution to Legal Practice |
| Geographic Reach | National |
| Policy Influence Type | Influenced training of practitioners or researchers |
| Description | Participation in Housing Law Practitioners' Association Focus Group |
| Geographic Reach | National |
| Policy Influence Type | Participation in a guidance/advisory committee |
| Description | Report sent to Shelter |
| Geographic Reach | National |
| Policy Influence Type | Implementation circular/rapid advice/letter to e.g. Ministry of Health |
| Impact | Shelter indicated that they would use the report to 'fill our content gaps based on the findings, so we are hugely grateful for it.' This means that the report has influenced the knowledge of Shelter and contributed to the information contained on its website. Shelter's website has a high profile and wide reach to a range of audiences including the general public as well as professionals. |
| URL | https://england.shelter.org.uk/ |
| Description | Report to Ministry of Justice |
| Geographic Reach | National |
| Policy Influence Type | Implementation circular/rapid advice/letter to e.g. Ministry of Health |
| Description | Request for access to data as part of review of the possession process |
| Geographic Reach | National |
| Policy Influence Type | Contribution to a national consultation/review |
| Description | Training Session for Debt Advisers |
| Geographic Reach | Local/Municipal/Regional |
| Policy Influence Type | Influenced training of practitioners or researchers |
| Description | Training Session for Housing Charity Workers |
| Geographic Reach | National |
| Policy Influence Type | Influenced training of practitioners or researchers |
| Description | Training of Legal Practitioners |
| Geographic Reach | National |
| Policy Influence Type | Influenced training of practitioners or researchers |
| Impact | Legal Practitioners attending the workshop indicated that they had learned new information as a result of the presentation which would influence their future work. In particular, it offered them an alternative way of arguing cases related to mortgage repossessions. |
| Title | Survey data on housing possession cases during the COVID-19 pandemic |
| Description | The data consists of both quantitative and qualitative responses from duty solicitors, debt advisers, legal practitioners, occupiers and landlords (both social and private). The data were collected during June to November 2021 using online surveys. |
| Type Of Material | Database/Collection of data |
| Year Produced | 2022 |
| Provided To Others? | Yes |
| Impact | Impacts are awaited. |
| URL | https://reshare.ukdataservice.ac.uk/855373/ |
| Description | Ministry of Justice |
| Organisation | Ministry of Justice |
| Country | United Kingdom |
| Sector | Public |
| PI Contribution | My report on the findings of the project have been sent to my contacts in the Ministry of Justice. They are currently undertaking a number of consultations and reforms in the area and have suggested that the report will prove helpful in their considerations. I am hopeful that evidence of impact will be forthcoming. The Ministry of Justice is currently (March 2022) undertaking a review of the Rental Mediation Scheme (a pilot mediation scheme introduced in response to the COVID-19 pandemic) which formed part of the focus of this project. As part of that review, they requested access to the data collected during this project. They were directed to it via the ReShare website. |
| Collaborator Contribution | The Ministry of Justice agreed, in the early stages of the project, to act as a Research Partner on the project. They assisted me in making contact with other government agencies including Her Majesty's Courts and Tribunals Service. I was then able to access data held by HMCTS and to draw on the expertise of members of the Ministry and HMCTS in informing the research. |
| Impact | The main report for the project lists the Ministry of Justice as a Research Partner. |
| Start Year | 2021 |
| Description | Shelter (Housing Charity) |
| Organisation | Shelter |
| Country | United Kingdom |
| Sector | Charity/Non Profit |
| PI Contribution | The final report was sent to Shelter and they indicated that they would use it to 'fill our content gaps based on the findings, so we are hugely grateful for it.' I also wrote an article entitled, 'It's good to talk, but is mediation the future for housing possession cases?' published on 13 January 2022 by the National Homelessness Advice Service (run by Shelter). I agreed also to offer a 45 minute session on 'research methods' for Shelter employees/volunteers. |
| Collaborator Contribution | A representative of Shelter sat on the Advisory Group for the project. They offered their expertise and experience in helping to design and implement the project. They also read and commented on the final report. |
| Impact | Lisa Whitehouse, 'It's good to talk, but is mediation the future for housing possession cases?', 13 January 2022, National Homelessness Advice Service, available at https://www.nhas.org.uk/news/article/its-good-to-talk-but-is-mediation-the-future-of-housing-possession |
| Start Year | 2021 |
| Description | Article for Charity Website |
| Form Of Engagement Activity | Engagement focused website, blog or social media channel |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Public/other audiences |
| Results and Impact | I wrote an article, titled 'Mediation in Eviction Cases ', for Shelter's 'Housing Matters'. This was published on their website which has significant reach on a national scale. |
| Year(s) Of Engagement Activity | 2022 |
| URL | https://www.nhas.org.uk/professionals/resource/housing-matters |
| Description | Podcast for Legal Action Group |
| Form Of Engagement Activity | Engagement focused website, blog or social media channel |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Professional Practitioners |
| Results and Impact | I have been invited to take part in a podcast by the Legal Action Group. It is being recorded in March 2022 so should be available shortly afterwards. |
| Year(s) Of Engagement Activity | 2022 |
| Description | Presentation at Legal Practitioner Conference |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Professional Practitioners |
| Results and Impact | I co-presented a paper (with a legal practitioner) at the PBA Conference 2021 - 'Property Litigation in a World of Change' held on Friday 12 November 2021 at the Honourable Society of Lincoln's Inn and on Zoom. The paper, titled 'Rethinking Mortgage Litigation: Lessons from the COVID-19 Pandemic', explored the process of mortgage possession under the Consumer Credit Act 1974. |
| Year(s) Of Engagement Activity | 2021 |
| URL | https://www.propertybar.org.uk/events/previous/pba-conference-2021---property-litigation-in-a-world-... |
| Description | Presentation at the South East Region Unite Community Housing Action Group conference |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | Regional |
| Primary Audience | Third sector organisations |
| Results and Impact | This was a presentation, titled 'Evictions and COVID-19', at the South East Region Unite Community Housing Action Group conference on 5 March 2022. The event involved a number of presentations by academics, campaigners, union members, activists and charity representatives. Attended by over 50 participants it generated interest in my research leading to a number of questions and follow up requests for a copy of the project's main report. |
| Year(s) Of Engagement Activity | 2022 |
| URL | https://twitter.com/unite_southeast/status/1499679730106306561?s=20&t=psfWyK0-OowgE2sxkyDB6g |
| Description | Presentation to Debt Advisers |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | Regional |
| Primary Audience | Professional Practitioners |
| Results and Impact | I presented at the Yorkshire & North Lincolnshire Money Advice Group on 13 December 2021 (CPD points gained by those attending). Attendees indicated that they had learned new information that they would find useful in undertaking their work. |
| Year(s) Of Engagement Activity | 2021 |
| Description | Publication of Final Report and Recommendations |
| Form Of Engagement Activity | Engagement focused website, blog or social media channel |
| Part Of Official Scheme? | No |
| Geographic Reach | International |
| Primary Audience | Public/other audiences |
| Results and Impact | The final report arising out of the project was disseminated via the project's website, social media channels and by contributors to the project and research partners. |
| Year(s) Of Engagement Activity | 2022 |
| URL | https://drive.google.com/file/d/1zQGPP-AnRkm1IDBg5_jxItGl8j0755IJ/view?usp=sharing |
| Description | Report in Practitioner Magazine |
| Form Of Engagement Activity | A magazine, newsletter or online publication |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Professional Practitioners |
| Results and Impact | A short summary of the project and a link to the main report was published in Legal Action Magazine under the title 'Report suggests court system's response to the COVID-19 pandemic in housing possession cases was largely ineffective'. |
| Year(s) Of Engagement Activity | 2022 |
| URL | https://www.lag.org.uk/article/212062/report-suggests-court-system-s-response-to-the-covid-19-pandem... |