Creating a fairer Britain
The Commission has a Legal Directorate of solicitors and caseworkers with wide experience of human rights and discrimination law that run test case on equality and human rights issues. This work covers the whole gamut of social welfare and related legal issues such as access to goods, facilities and services, housing, transport, education, immigration and so on, not solely employment law.
The Commission has power to take judicial review proceedings on the basis of breaches of the Human Rights Act, or in relation to any matter in connection with which the Commission has a function - that is its equality, human rights and good relations mandates. The Commission does not need to fulfil the ‘victim’ requirement in order to do so. For further details see our human rights legal powers page.
The Commission also intervenes in human rights and equality cases taken by others, particularly at appellate level (including in the European Court of Human Rights). The Commission intervenes in public interest cases where it believes it can add value for the court and help achieve progress in the development or interpretation of human rights or equality law.
In relation to human rights issues in Scotland, the Commission shares its remit with the Scottish Human Rights Commission and must discuss issues raised with them before taking action.
Equality legal cases which are strategic in nature can be referred to the commission’s legal team for referral / funding either for the Commission to take them in house or for the solicitor to request external legal funding. The funding criteria can be seen in the draft casework and litigation strategy. The Commission is able to fund organisations as well as individual claimants.
Unfortunately due to statutory constraints we cannot currently fund human rights cases brought by others which do not also raise issues under the equality enactments.
The Commission is interested in hearing from solicitors, advisers, NGOs and others who are bringing cases that the Commission might intervene in and about cases or issues that we might take up. We look for policies or practices which lead to widespread or serious breaches of equality laws or the Human Rights Act. Unlike solicitors in private practice and NGOs we do not need an individual claimant to come forward to bring a case; the Commission can bring the case in its own name. We will assess whether or not to get involved in a case in accordance with our overall strategic priorities and our casework and litigation strategy.
Even if we are not able to assist or intervene in your particular case we will use all the information sent to us to inform our future priorities for litigation and enforcement work. So, for instance, if we receive several requests from different sources on related matters that might lead us to carry out an inquiry into a particular problem in particular sector.
We are most likely to consider bringing proceedings in our name in certain situations, for instance:
If you wish to contact the Commission about a case or issue that you think we might be interested in, and you are a lawyer or have some other professional interest in the matter, please complete this Request for Commission Assistance or Intervention form and email it to one of the following addresses:
If you have any queries, or if you have difficulty filling in the form, please contact email@example.com.
Alternatively, if you would prefer to speak with the Commission's legal teams about a case or issue that you think we might be interested in, and you are a lawyer or have some other professional interest in the matter, please call our Lawyers' Referrals Helpline. The contact details are:
Our experienced legal staff will be able to discuss with you whether your case concerns an issue that might fall within the Commission's strategic priorities. They will also answer any questions you may have about how to request legal assistance or an intervention from the Commission if you do have a case that we might be interested in.
(Please note however that we will not be able to provide legal advice on this Referrals Helpline. In addition, we are unable to discuss potential referrals from anyone other than professional advisers or representatives such as solicitors or barristers).
Note that claimants and other individuals who would like advice and information on discrimination and human rights issues should contact the Equality Advisory and Support Service (EASS).
The EASS receives calls from individuals and works collaboratively with advice agencies and other organisations who make referrals to it. It provides information, assistance and support (but not legal advice or representation) to individuals across Britain about discrimination and human rights issues and the applicable law.
The contact details for the EASS are:
Phone: 0808 800 0082
Textphone: 0808 800 0084
Post: FREEPOST Equality Advisory Support Service FPN4431
09:00 to 20:00 Monday to Friday
10:00 to 14:00 Saturday
Closed on Sundays and Bank Holidays
The Commission can also provide speakers for conferences or other events from our legal teams to explain the kinds of cases we are looking for and to explain our decision-making processes.