The Scottish Just Law Centre aims to reduce discrimination and disadvantage in Scotland by helping people use equalities and human rights law as an effective tool for social change.
The Equality Act recognises that people are likely to experience discrimination and disadvantage if they are, for example:
- disabled;
- transgender;
- pregnant, or have recently given birth;
- a refugee or migrant;
- of traveller heritage;
- a woman; or
- lesbian, gay or bisexual.
Discrimination
If a public body, public service provider or employer treats somebody less favourably because they have one of these protected characteristics, our Scottish Just Law Centre may be able to help them take legal action, by way of judicial review, or Sheriff Court proceedings. (They need to have low enough income to be eligible for Legal Aid, because of the costs risk involved in litigation).
Examples of unlawful discriminatory treatment include:
- the Department for Work and Pensions (DWP) making it very difficult for someone with learning disabilities to claim Universal Credit, because the process is all online or by telephone, when paper claims (and other correspondence) would be easier for them to manage;
- a local authority making it impossible for a disabled person with traveller heritage to take respite breaks in a campervan, because it has a policy that social care payments can never be used for vehicles;
- the Home Office making transgender people out themselves each time they need to verify their immigration status, by basing their EU Settlement Scheme digital status upon their passport from their country of origin, which cannot be changed to reflect their lived identity because there is no legal gender recognition process there;
- a further education college classifying an ESOL course as non-fundable by way of a bursary, when students on other comparable courses can be paid a bursary; and
- a university failing to make reasonable adjustments for a disabled student, such as extra exam time, meaning they don’t qualify, and their career prospects are limited.
Strategic cases
Often, discriminatory treatment doesn’t just affect one person – it stems from a policy or practice that affects numerous people. Taking legal action can therefore benefit other people, by getting a policy changed or a practice improved or stopped.
Our Scottish Just Law Centre therefore undertakes discrimination case work with the aim of bringing about wide-scale positive social change.
Our policy partners, Inclusion Scotland and Scottish Trans, have helped us set strategic priorities regarding discriminatory policies and practices we are particularly interested in challenging by way of litigation:
https://jrs.hellcathq.com/wp-content/uploads/2021/03/SJLC-StrategicPriorities.pdf
Disadvantage
Certain protected characteristics make it more likely someone will have low income, or be unable to work, and therefore need to claim welfare benefits. They might also need social care.
Problems with benefits and social care can have a huge impact on health and wellbeing, because they cause stress and worry about food, heating, housing, dignity and safety.
Our Scottish Just Law Centre aims to reduce this disadvantage by helping people with protected characteristics resolve problems with welfare benefits and community care.
Welfare benefits
We may be able to provide specialist help with a benefit appeal, for example:
- if a disabled person has lost a Personal Independence Payment (PIP) appeal, or one in relation to a “limited capability for work” decision, and it seems the First-tier Tribunal made an error of law, we can provide advice and assistance in relation to an Upper Tribunal appeal; or
- if an EU national with pre-settled status has been refused Universal Credit, we can explore whether they have an arguable “right to reside”, and help them challenge the refusal if they do.
Social care
If a disabled person is unhappy with the outcome of a social services needs assessment, we may be able to help them with a review.
Get in Touch
If you are a frontline adviser or support worker, you can make a referral to us on behalf of a client or service user who has experienced discrimination in Scotland.
If you are an individual member of the public with a protected characteristic who has experienced discrimination in Scotland, or who needs help with a benefit appeal or a social services needs assessment review, we may be able to direct you to sources of information or assistance and if this might be helpful you can also complete one of our online forms:
https://jrs.hellcathq.com/need-help/make-a-referral/
Second Tier Discrimination Advice Line
Please note that our Second Tier Discrimination Advice Line is not operating at the moment.
If you are an adviser or other frontline worker in need of legal advice so that our team can advise you how to help your client, e.g. to submit an internal complaint, or complain to an ombudsman, including regarding which parts of the Equality Act are relevant, please make a referral through our form:
https://jrs.hellcathq.com/need-help/make-a-referral/
We are funded by:
