Litigating for Change
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  • About
    • Who is this guide for?
    • What is this guide not about?
    • How to use this guide
    • About the authors
    • Accessibility Statement
    • Contact
  • Step by Step Guide
    • Step one: Initial questions to consider
    • Step two: Put it in writing
    • Step three: Get advice
    • Step four: Consider the method
    • Step five: Work with others
    • Step six: Planning
    • Step seven: Resourcing
    • Step eight: Communications
  • Methods
    • Complaints
    • Judicial Review
    • Legal Opinion
    • Public Interest Intervention
    • Tribunals
  • Case Studies
    • SPSO investigate complaint against Fife NHS Board
    • Protecting Refugees who are victims of domestic violence in the UK
    • Cadder and the right to legal assistance in police detention
    • Challenging routine immigration detention in the UK
    • Protecting a child's rights to privacy in the Named Person scheme
    • Young people’s opt-out from religious observance in schools
    • Challenging school exclusion of children with disabilities
    • Protecting complainers’ human rights in justice system
    • Protecting refugees from destitution -challenging SERCO lock-changes
    • Challenging council process around homelessness
  • Resources
    • Equality and Human Rights Commission
    • Equality and Human Rights Law in the UK
    • Glossary
    • Useful contacts

Role of the Equality and Human Rights Commission

Image shows text 'Making Change Happen: A step-by-step guide to strategic litigation in equality and human rights for NGOs in Scotland'
The Equality and Human Rights Commission (EHRC) is a GB-wide equality body and recognised as a National Human Rights Institution (NHRI) by the United Nations.  It has a statutory role to safeguard and enforce equality and human rights laws to protect people’s rights to fairness, dignity and respect.

The EHRC Scotland is interested in hearing from NGOs and others who are bringing equality or human rights cases that might be of strategic importance.

​The EHRC can use its legal powers in various ways:
Judicial Review - If the EHRC think that a public body has taken a decision or acted (or failed to act) in a way that breaches the Equality Act 2010 or the Human Rights Act 1998, they can begin the process of judicial review. 
​Usually a judicial review under the Human Rights Act can only be taken by a victim. However, the EHRC has the powers to bring a judicial review in their own name.


Examples of situations where the EHRC, rather than a victim, might bring a claim include:
  • If the government announces that it is going to introduce a change in the law which the EHRC believes will lead to violations of people’s human rights, the EHRC can threaten judicial review before the legislation is passed or within 3 months of enactment. For example, when the UK government proposed extending the time for the detention of terrorist suspects to 42 days without charge, the EHRC threatened judicial review and the proposal was dropped. 
  • Where the subject matter of the case is one where the EHRC is best placed to bring the claim because of its particular expertise
  • Where there are multiple victims whose experience can be used to illustrate a problem but where a claim brought by any one of them would not tell the whole story, or
  • Where the actual or potential victims do not have access to lawyers or cannot fund a claim themselves.

Public Interest Intervention  -The EHRC has frequently intervened in cases within the UK and at the European Court of Human Rights.  They intervene in cases which raise issues affecting vulnerable groups clarify important questions of law or raise serious issues of policy or abuse by a public body.

Legal Support and Advice - The EHRC’s Adviser Support service offers frontline agencies and solicitors access to high quality advice on equality and human rights issues.

Funding - The EHRC can offer funding to a solicitor to run a discrimination case or funding for other costs such as getting a 'legal opinion'.  

Inquiries - If the EHRC receive several requests on related issues, they have the statutory power to hold an inquiry into an issue of equality or human rights.  Where an issue relates to human rights, they always work closely with the Scottish Human Rights Commission. 
 
The EHRC take many factors into account when deciding the extent to which they will get involved with a legal case – you can find more details of how they decide what is strategic here.


If you are an adviser or a solicitor dealing with a discrimination issue, it can be useful to discuss your strategic issue with the EHRC at an early stage and explore the potential for the EHRC to support any legal action. You can find contacts for the EHRC Scotland in the Resources section.
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​The information in this website is for general guidance and is not legal advice. Please see Useful contacts for suggestions of who to contact for legal advice.
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Copyright © 2018
  • Home
  • About
    • Who is this guide for?
    • What is this guide not about?
    • How to use this guide
    • About the authors
    • Accessibility Statement
    • Contact
  • Step by Step Guide
    • Step one: Initial questions to consider
    • Step two: Put it in writing
    • Step three: Get advice
    • Step four: Consider the method
    • Step five: Work with others
    • Step six: Planning
    • Step seven: Resourcing
    • Step eight: Communications
  • Methods
    • Complaints
    • Judicial Review
    • Legal Opinion
    • Public Interest Intervention
    • Tribunals
  • Case Studies
    • SPSO investigate complaint against Fife NHS Board
    • Protecting Refugees who are victims of domestic violence in the UK
    • Cadder and the right to legal assistance in police detention
    • Challenging routine immigration detention in the UK
    • Protecting a child's rights to privacy in the Named Person scheme
    • Young people’s opt-out from religious observance in schools
    • Challenging school exclusion of children with disabilities
    • Protecting complainers’ human rights in justice system
    • Protecting refugees from destitution -challenging SERCO lock-changes
    • Challenging council process around homelessness
  • Resources
    • Equality and Human Rights Commission
    • Equality and Human Rights Law in the UK
    • Glossary
    • Useful contacts