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THE IMPORTANCE OF BEING  REPRESENTED 

The Trans Equality Project is limited in how many cases it can take on. We do our best to answer everyone, but we cannot take on everyone’s case. Many cases have solutions already laid out in the law, and in those circumstances we may help you commence the process of seeking a solution, but we may well have to refer you to other local services to provide representation, or to simply help with completing forms.  

The Law Centres Federation provides a 13 page long list of organisations. They all provide legal advice services. You should be able to find a local service, it may not be an entirely free service, but representation makes a huge difference in some tribunals and courts as to the success rates of applicants who have experienced discrimination.

Do I need Representation?                                                       

Recent research by  Professor Michael Adler of Edinburgh University discovered that  “having a representative (although not necessarily a legal representative) greatly increased the prospects of a successful tribunal outcome… across the board, the ‘premiums’ associated with representation were 15-18 per cent.”[1] Nonetheless he did find some improvement in success rates for citizens and employees, which had increased considerably whilst the percentage increase in success rates from legal representation had dropped. The key reason for this was because of tribunal members taking a much more  inquisitorial rather than adversarial approach. Better tribunals result in less need for legal representation. Professor Adler's full paper can be found HERE.

However, the Citizens’ Advice bureau reviewed decisions of the Asylum Support Tribunal, where most  applicants are not represented. It was found that only 38.6% of unrepresented applicants were successful I compared to 71.3% of those who did have a legal representative. The findings were independently confirmed by the Tribunal itself, which produced statistics showing that the difference was 31% to 70%. To put it another way, of all unsuccessful unrepresented appellants, the majority would have won if they had only had legal representation.

Legal Aid

Legal Aid is a government scheme for people with low income and savings. If you are eligible and your case is considered worth supporting you may get financial help with the cost of legal advice, assistance, mediation and representation.


 

[1] “Hazel Genn’s landmark study of representation in tribunals, ‘The Effectiveness of Representation in Tribunals’, 1989, indicated that representation had a substantial impact on tribunal outcomes. Representation increased the chances of success from 30 per cent to 48 per cent in Social Security Appeal Tribunals, from 20 per cent to 38 per cent in Immigration Hearings, forerunners of the Asylum and Immigration Tribunal (AIT), from 20 per cent to 35 per cent in Mental Health Review Tribunals and from 30 per cent to 48 per cent in Industrial Tribunals.”

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OTHER SOURCES OF LEGAL ADVICE          

Advice UK advice centres www.adviceuk.org.uk

Advice UK is a support network for independent advice centres. Some of these centres give general information and advice on a range of subjects whilst others specialise in legal advice in one or more areas of law. For many of the centres, giving information and legal advice is only part of what they do. They may also provide other community support and social care services. Some also just serve a particular community in society. You can find out whether there is an Advice UK Advice Centre near you by visiting their website or telephoning  020 7407 4070.

Citizens Advice Bureau (CAB) www.citizensadvice.org.uk

Citizens Advice Bureau help people resolve their legal, money and other problems by providing free information and advice. You can find your local CAB by visiting their website or looking under ‘Citizens Advice Bureau’ in The Phone Book.

The Equality and Human Rights Commission www.equalityhumanrights.com

The EHRC has the responsibility to protect, enforce and promote equality across the seven "protected" grounds - age, disability, gender, race, religion and belief, sexual orientation and gender reassignment. It is responsible, promoting fairness through structural change that benefits the 60 million people in Britain. The EHRC provides a helpline for those people who feel they need advice after being treated unfairly.

Click here for details of the EHRC advice helplines

Law Centres www.lawcentres.org.uk

Law Centres are staffed by both solicitors and other workers who specialise in legal problems and offer a free service. Different Law Centres specialise in different areas of law but you will commonly find they can advise on housing, employment, immigration, discrimination, education, community care, welfare benefits and debt. Solicitors at Law Centres take on cases in exactly the same way as solicitors in firms. They will not usually act for someone who can afford to pay a solicitor. Law Centres usually only help people who live or work in their area. You can find out whether there is a Law Centre near you by visiting the Law Centres Federation web site.

The Law Society www.lawsociety.org.uk

You can search for a solicitor by area of law on the Law Society web site or by calling   0870 606 6575. The website also contains a useful section on how to choose a solicitor.

Specialist  Advice Services                              

Some organisations have a special interest in a particular area and can offer expert advice on that topic. Here are just some examples:

Age UK/Age Concern provides information relevant to the needs of older people. It publishes fact sheets and runs the Age Concern Information Line. Local Age Concern groups may be able to offer advice and you can find out if there is one near you by visiting their web site

Resolution is an association of lawyers who deal with family disputes. Their members subscribe to a code of practice setting out their constructive approach to these problems. You can search for one of their members on their web site.

UK Mediation can put you in touch with fully qualified mediators, drawn from their national panel. Mediators are trained and experienced and are able to respond quickly to either interpersonal disputes or commercial disputes. They can help settle a dispute without the need to go to court. Either party can initiate mediation. You can be put in touch with a local mediator thought the UK Mediation web site

Shelter housing aid centres offer specialist information and legal advice about housing. You can find your local housing aid centre on their web site. Shelter also provides advice and information via it’s free national telephone helpline on 0808 800 4444 .

 

Press for Change’s TransEquality Project is in the process of applying for the Community Legal Services Mark. The Community Legal Service (CLS) is a network of Quality Marked solicitors and advice centres.