Disabled Person Litigants Most at Risk within the Justice and Tribunal System

The UN Committee on the Rights of Disabled People has raised concerns regarding barriers which disabled people face in accessing justice1. Disabled people face significant barriers in accessing justice. Research conducted by Disability Action on behalf of the Equality Commission demonstrates that

• 9 out of 10 disabled people report that there are negative attitudes and discrimination towards disabled people.

• 7 out 10 disabled people feel that they are not adequately protected from discrimination.

• 6 out of 10 disabled people feel that there is not enough financial support for disabled people to access justice in Northern Ireland.

Numerous obstacles hinder access to justice by disabled people. There is a significant deficiency in the availability of accessible information, advice, and support for accessing justice, which is compounded by limited access to advocacy services and legal aid. Additionally, disabled people are markedly underrepresented throughout the legal system, from courtrooms to law firms. The challenges faced by disabled individuals are further exacerbated by pervasive negative attitudes and perceptions. Government bodies, the media, and the general public often hold and propagate these detrimental views, which not only undermine the dignity of disabled people but also contribute to a disproportionate incidence of hate crimes against them. This environment not only marginalises disabled people but also severely impacts their quality of life and ability to seek and receive justice.

Disabled people are more likely to experience exploitation and abuse in comparison with non-disabled people. Hate crime is soaring and there are increasing levels of awareness of the exploitation of disabled people by paramilitary and organised crime groups. Even though disabled people are more likely than other groups to experience crime and discrimination, disabled people face significant challenges securing legal representation. As a result, there is a significant population of personal litigants within both the justice and tribunal system.

The experience of being a personal litigant has a detrimental impact upon the physical and mental well-being of personal litigants. Research has demonstrated that a person’s right to a fair trial may be at risk if they go to court without legal representation2. Personal Litigants encountered difficulties in accurately completing and submitting required legal documents, and in navigating legal arguments relevant to their cases3

Disability Action is calling for increased investment in advocacy and legal services, particularly for disabled people navigating the Employment Tribunal or Justice system. Current services are over-subscribed and under-resourced. Disability Action is also asking that legal firms consider ways in which they can better represent disabled people who cannot access legal aid and who are at risk of having to engage with the justice system and Employment Tribunal system un-represented.

1 UKIM (2018): Government’s response to the UN report on the Convention on the Rights of Persons with Disabilities: Briefing by the UK Independent Mechanism, Westminster Hall Debate 20 June 2018, p.1 (accessed 14 October 2021).

2 https://nihrc.org/news/detail/research-shows-right-toa-fair-trial-can-be-in-danger-if-individuals-go-to

3 https://nihrc.org/news/detail/research-shows-right-toa-fair-trial-can-be-in-danger-if-individuals-go-to