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

2. 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

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

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

5. 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

6. …and what we would like from you
Legal Team Bulletin:
Case Referrals:
Lawyers' Referral Helpline on , or by on
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)