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CaseworkLaw Centre (NI) offers specialist consultancy support to member advisers and accepts appropriate casework on referral from them. A not-for-profit agency, the Law Centre employs professionally legally qualified and other highly experienced advisers. The role of the Law Centre is to support the work of the advice sector and to accept casework on referral where we can make a distinctive contribution to resolving the issues in a case. Read our casework selection policy. The areas covered by casework are Social Security, Employment, Immigration, Community Care and Mental Health Our Casework Bulletins give a good overview of current work.
Law Centre casework selection policy The Law Centre's casework selection policy for 2007 is outlined in this document:
In
most circumstances we will offer advice on the merits of an appeal to and
representation before the Social Security Commissioner. We will sometimes
represent in social security tribunals and housing benefit review boards,
subject to the time commitments of staff. However, we recognise and welcome the
considerable development in the provision of representation in this area by many
of our member agencies and primarily see our role in relation to tribunal
representation as one of consultancy support. The greater the complexity of the
issues which arise in a tribunal appeal, the more appropriate it will be for us
to represent.
Some areas of social security law are not appropriate for referral to the Law Centre. We will not assist with Social Fund reviews and Social Fund Inspector reviews unless they raise a strategic point of law. We will normally provide advice on the merits of an application to, and if appropriate, representation before the Industrial Tribunal. Because of the role of the Equality Commission, we will rarely advise or represent a client in cases of alleged discrimination before the Industrial Tribunal or Fair Employment Tribunal. Instead, we will refer the client for advice and assistance. This does not preclude us from advising or representing in cases which initially appear to have no discrimination issue but subsequently do. In addition, the Law Centre will keep under review the question of whether to accept certain cases involving a “hybrid” combination of discrimination and non-discrimination employment law issues.
We
will normally provide representation in appeals and applications for
reconsideration before the Asylum and Immigration Tribunal and any further
relevant challenges by way of judicial review or via the Court of Appeal. We will concentrate on appeals
from decisions refusing political asylum and will also represent in other
immigration appeals from time to time but as a lower priority. We will represent
in bail hearings and work on behalf of detained clients will remain a priority.
We welcome the development of first tier advice services in the area of immigration law in recent years, such as the Chinese Welfare Association and Citizens Advice Bureau. As a result, the Law Centre does not seek to provide advice and assistance on general immigration law matters. However, we will advise in complex areas and in particular will undertake casework which involves making legal representations to the Home Office around issues of international law. Our immigration unit participates in the work of the Refugee Action Group (RAG), an interagency education and lobbying group. RAG publishes Forced to Flee (PDF), a booklet to answer frequently asked questions about refugees. Read our information briefing on Immigration and Marriage / Civil partnership / Cohabitation (text version) and download Immigration Advice Booklet (PDF), printed in 16 languages, detailing what immigration advice is available in Northern Ireland.
We
take community care law to mean the responsibility of statutory agencies to
provide treatment, care services, accommodation or facilities by reason of
physical or mental disability, ill health or old age. More specifically, we take
it to include the legal responsibility of statutory authorities to provide
personal social services to any persons in Northern Ireland who need them. We will assist in advising on entitlements within the area of social services provision. We will offer guidance and support within the context of Health and Social Service Board complaints mechanisms relating to the provision of services. We will initiate legal proceedings where appropriate to challenge the refusal of the provision of a community care service. The Law Centre occasionally publishes Information Briefings on community care issues and publishes an annual report on the work of the Community Care Legal Advice Service, copies of which can be obtained on request from the Publications Department. We will give assistance in cases on the responsibilities of health and social services trusts in relation to treatment and care for people with mental health difficulties. We will represent clients before the Mental Health Review Tribunal where they wish to challenge guardianship or detention and compulsory treatment in hospital. We will represent clients in strategic cases in the High Courts and beyond where appropriate. In 2006-2007 we will give priority to cases which raise important human rights issues. We are particularly interested in challenging delays in arranging tribunal hearings, consent to treatment provisions, informal admissions and delays in discharge and after care provisions. We are also interested in exploring cases about inadequate service provision. Below is a summary of the mental health work undertaken: Advice and casework
Representation
Policy and campaign work
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