Northern Ireland Human Rights Commission Legal Services

1. Northern Ireland Human Rights CommissionLegal Services

2. Northern Ireland Act 1998 / Justice & Security(Northern Ireland) Act 2007: • Review law and practice and advise government on legislation. • Promote awareness and understanding of human rights. • Investigations and research. • Assist individuals to bring human rights proceedings or bring proceedings in its own name.

3. Casework • Public telephone enquiry line NOT WITHIN STRATEGIC PRIORITIES • Provide advice/information WITHIN STRATEGIC PRIORITIES • Investigate complaints; provide advocacy and representation; • Assist an individual to bring legal proceedings; • Bring proceedings in own name and; • Intervene as a third party in legal proceedings.

4. Legal strategic priorities 09-11 • Protection of life • Death investigation • Right not to be ill-treated with particular emphasis on detained persons • Health and social care • Accommodation needs of the Traveller community • Any other case where the abuse of human rights complained of is exceptional

5. Process • Complaint is reviewed. • Advice / information / signposting if not within priority areas. • If does fall within a priority area consider investigating the complaint, representing the complainant. • If cannot be resolved then referral to Legal Committee on whether to offer assistance to the individual to bring legal proceedings. • At any stage a complainant can ask that the Legal Committee consider his complaint.

6. Granting Assistance Criteria page 1 • The proceedings involve human rights law or practice relating to the protection of human rights. If the answer to this is no, the application is rejected. • The case falls within an area of work included in the Commission’s Strategic Plan. • The case alleges abuse which significantly impacts on the protection of human rights (e.g. because of the number of people apparently affected, the apparent pattern of abuse or the apparent seriousness of the violation). If the answer to either of the above is no, the application is rejected. • There is no other body better placed to assist the applicant. If the answer to this is no, the application is rejected.

7. Granting Assistance Criteria page 2 • The case raises a question of principle. • It would be unreasonable, because of the complexity of the case or the applicant’s position in relation to another person involved or for some other reason, to expect the applicant to deal with it without the Commission’s assistance. • The Commission has not assisted another case raising the same point of law as the current case. • The case appears to have a reasonable chance of success

8. Granting Assistance CriteriaReview The Committee will decide whether: • any new information has come to light since the original assessment was made; and/or • the applicant has shown that the Committee did not consider all the facts; and/or • the applicant has shown that the Committee misinterpreted the facts.

9. Trends • Planning – impact on amenity • Family disputes – social services involvement & children • Criminal proceedings – fair hearing rights • Employment – internal disciplinary matters • Housing – lack and standard of social housing • Environmental – noise, pollution • Social Security benefits – access to • Prisoner complaints until Prisoner Ombudsman • Police

10. Northern Ireland Human Rights Commission Temple Court, 39 North Street Belfast, BT1 1NA • Telephone: +44 (0)28 9024 3987 • Textphone: +44 (0)28 9024 9066 • Fax: +44 (0)28 9024 7844 • Email: angela.stevens@nihrc.org