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

Step four: Consider the method of strategic litigation

Image shows text 'Making Change Happen: A step-by-step guide to strategic litigation in equality and human rights for NGOs in Scotland'
The main ways that an organisation can be directly involved in using litigation to get strategic change are:
  1. Support individuals who are taking tribunal proceedings, judicial review, a case to the European Court of Human Rights or other civil law cases that raise strategic issues, and communicate these widely to get strategic change;
  2. Take a judicial review themselves if they are recognised by the court;
  3. Use their expertise and knowledge for a Public Interest Intervention in an ongoing case.
There are other ways too of using the law to get change that do not involve litigation in court. 
For example:
  • Consider getting a legal opinion on a particular issue.
  • Consider how to support an individual or a group to make an official complaint about poor service. 

To determine the best method of strategic litigation, you could consider:
  • Individual with case - Do you know of individual(s) who would be willing and for whom it would be appropriate to pursue legal proceedings on strategic issues, with support? Would your organisation or partner organisations come into contact with those who may have a potential case that raises the strategic issue? There is more information around considering the impact on individuals here.
 
  • Partners - Could you bring together organisations working in the strategic area to identify which organisation is best placed to take forward the litigation and how you could work together? Do you have specific expertise on this issue, or would it be better for another organisation to intervene or pursue legal action?
 
  • Supporting individuals - What experience do you have of supporting individuals involved in legal action, or do you have good contacts with other organisations who can advise you on how best to support an individual?
 
  • Individual or organisational case - Are there particular reasons why it would be difficult for an individual to take a case on this issue, and therefore it would be better to consider litigation in an organisation’s name?
 
  • Ongoing cases - Do you know of an ongoing case which raises the strategic issue, in which you could intervene to add value to the court’s deliberations?
 
  • Legal contacts - Are you connected in with legal networks or have good contacts with legal professionals to be informed of relevant cases arising?  Or if not, what steps could you take to improve these connections?
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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