Strategic Litigation in Scotland – the Role of the EHRC Claudia Bennett Senior Solicitor

Overview of the Commission Equality Act 2006 National Equality Body UN accredited National Human Rights Institute Non Departmental Public Body Scotland, Wales, Manchester, London Shared HR responsibilities with SHRC Business plan Equality Act 2010 Human Rights Act 1998

Strategic Litigation Function Section 28 Provision of assistance where proceedings relate to the Equality Acts (may also engage the Human Rights Act) Case Examples

Strategic Litigation Function Section 30 Own name litigation Judicial review proceedings No victim status necessary Interventions Neutral legal and policy experts Case examples

Overview of the Commission – Other enforcement powers Inquiries s16 EA 2006 Investigations s20 EA 2006 Unlawful Act Notices s21 EA 2006 Action Plans s22 EA 2006 Agreements s23 EA 2006 Interdicts s24 EA 2006 Public Sector Duty Assessments s31 EA 2006 Public Sector Duty Compliance Notices s32 EA 2006 Pre-employment health questionnaires s60 EA 2010 + Strategic litigation powers

…and what we would like from you Legal Team Bulletin: www.equalityhumanrights.com/scotland/legal-news-in-scotland/equality-law-bulletin/ Case Referrals: Lawyers' Referral Helpline on 0141 228 5951 , or by email on legalrequestscotland@equalityhumanrights.com Notes: sections refer to Equality Act 2006 “own-name” proceedings are judicial review or other legal proceedings instituted by EHRC under s30 for the purpose of these figures, s28 assisted cases are cases in which formal approval was granted in accordance with the Commission’s governance arrangements for the Commission to provide legal assistance to a specific individual, typically extending to in-house legal resources, solicitors costs (if out-house), counsel’s fees (if required) and other necessary costs (e.g. court fee). The figures also include some cases where formal approval was granted for limited or initial s28 assistance which did not extend to the anticipated full costs of the litigation (the extent of s28 assistance is agreed on a case by case basis). the Commission has been involved in many other cases in different capacities during this time - for example, undertaking initial scoping or assessment work, signposting, providing initial casework assistance, or (until 2012) providing helpline assistance or making arrangements for conciliation. These matters – where formal case-specific approval to use our s28 power was not required under our governance arrangements – are not reported in the figures above. for the purpose of these figures, where the Commission agreed to be involved in more than one stage of proceedings relating to the same matter (e.g. a first instance hearing and an appeal), each stage is counted separately. the figures exclude work carried forward from the legacy equality Commissions (Disability Rights Commission, Equal Opportunities Commission, Commission for Racial Equality)