Legal Support Project launched

 

Eirwen Pierrot of the Equality and Human Rights Commission (EHRC) describes its Legal Support Project. The project launched in September 2017 and provides funding for legal representatives in England and Wales in claims concerning discrimination in education, housing or social security. In Scotland, the project is able to provide funding for legal representatives acting in Equality Act 2010 claims concerning education, housing and the provision of services.

The project’s objective is to increase access to justice for:

Because the aim is to assist those who may otherwise not be able to access justice, the project only provides funding where it is satisfied that this will help someone access justice in circumstances where s/he might not otherwise be able to do so. Funding is not therefore available if the individual is eligible for legal aid.

The project considers applications for funding for discrimination claims against schools, colleges, universities, qualifications bodies; and discrimination claims relating to the provision of housing or social security benefits against local housing authorities, housing associations, private landlords, the DWP, HMRC, Jobcentre Plus, and private sector companies providing services on behalf of these bodies. In Scotland, applications for claims against other service providers are considered.

The project can only assist, however, where the claim relates to a provision of the Equality Act 2010. This means that the case must relate to potential discrimination, harassment or victimisation related to one or more of the ‘protected characteristics’. These are:

The project is therefore unable to assist with general housing or social security matters, such as appeals concerning entitlement to a benefit, unless the case raises a complaint under the Equality Act 2010. It also cannot assist if the claim relates solely to the public sector equality duty.

The EHRC is able to assist by providing funding for front-line advice from solicitors, funding legal representation in the courts/tribunals, and providing funding for disbursements, such as counsel’s fees or expert reports. Applications for assistance are accepted from solicitors and the advice sector. Funding cannot be offered retrospectively and can only be provided following the acceptance of a formal application, so if you think you have a case that would benefit from the project’s support get in touch with the EHRC as soon as possible.

Examples of cases the project has supported or is currently considering include:

The essential criteria are that the claim raises a complaint under the Equality Act 2010, and that it is related to one of the areas described above. It also must appear likely that the client will not be able to access justice without assistance from the EHRC, and the case must appear to have merit. If it is unclear whether the case has good prospects of success, which will often be the case in the very earliest stages of a claim, the project will consider funding preparatory work in order to establish prospects ofsuccess. The project will not be able to assist where the resources required to achieve a successful outcome will significantly outweigh the benefit to the individual and/or wider society, where thereare no or limited prospects of success, or where the claim is out of time.

For a full list of the criteria considered, advisers are welcome to contact the EHRC for more information.

The project is only currently able to accept applications from solicitors acting for individuals in need of funding to continue to pursue their cases. It is unable to accept applications for funding from individuals directly. Solicitors/ caseworkers providing advice in the not-for-profit sector can also apply for funding to cover the cost of casework, provided that it is not being carried out by volunteers and that the advice centre employs a solicitor with appropriate experience. If funding is not available for casework, applications can still be made to fund disbursements, such as instructing counsel or obtaining expert reports.

If you would like to learn more about the assistance offered, the terms and conditions that apply, and information about how to apply you can contact the Legal Support Project team.

For advisers in England and Wales, you can contact educationcases@equalityhumanrights.com (for cases concerning discrimination in education) or housingandsocialsecurity@equalityhumanrights.com (for cases concerning discrimination in housing and/or social security). You can also contact the project team on 0161 829 8140.

For advisers in Scotland, you can contact legalrequestscotland@equalityhumanrights.com or call 0141 228 5951.

The EHRC has launched an additional project aimed at supporting advisers whose clients may not be in need of funding but who themselves need advice on discrimination or human rights issues. Discrimination and human rights can crop up in a number of areas of law but are sometimes unfamiliar to those who specialise in other areas, such as welfare benefits or housing. If an adviser would like to talk through a potential discrimination case with a specialist, or would like advice on procedure, causes of action, remedy or any other aspect of a discrimination or human rights claim, s/he can contact the EHRC Advisor Support Project on 0161 829 8190 (England);0141 228 5990 (Scotland); or 029 2044 7790 (Wales). More information is available on their website.

 

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