Chief Justice applauds FLAC and PILA on its continued work highlighting unmet legal need and promoting access to justice for all

FLAC reported receiving 12,468 calls in 2020 at its Annual Report Launch which took place on 29 June 2021. Throughout 2020, the impact of the pandemic highlighted gaps in the existing legal aid system and created an increased need for individuals and organisations to access justice. There was a huge demand for our services, especially FLAC's Telephone Information Line, which we were just not able to meet.

Speaking at the launch, the Chief Justice commented: 

 In a year in which the onset of the pandemic brought with it challenges which none of us could have foreseen, never was the work of FLAC so important.  FLAC continued to provide legal information and legal advice to many in a time of heightened anxiety. A number of important new initiatives with which FLAC was associated, such as the Pro Bono Pledge and the Traveller Legal Service combined with FLAC’s continued work in highlighting unmet legal needs has placed FLAC front and centre as a champion for securing equal access to justice for all. It is heartening to see FLAC's development knowing where it all started with a small number of volunteers."

EIlis Barry, CE of FLAC stated: 

“The importance of Human Rights, Equality and Access to Justice is heightened during times of crisis such as a pandemic. Covid-19 has exacerbated the inequalities and barriers to justice in our society. The upcoming reviews of the Civil Legal Aid Scheme and Equality code must comprehensively address these issues.”  

FLAC was met with unprecedented demands on its service in 2020. 

  • There were 12,468 calls to FLAC’s telephone information line in 2020. 
  • A total of 4,860 people received basic legal advice from approximately 550   volunteer lawyers at free legal advice clinics which were conducted remotely during Covid. The main queries related to family and employment law. 
  • 210 community and voluntary groups received legal assistance through FLAC’s public interest law project PILA, from private practitioners acting pro bono. 
  • In 2020, FLAC dealt with over 100 open case files.  
  • FLAC formally launched the Traveller Legal Service in 2020.  
  • PILA finished out the year with the launch of Pro Bono Pledge Ireland – a new initiative that asks the legal profession to commit to promoting access to justice by providing free legal assistance to those in need. 

The FLAC Information Line was at the forefront of providing legal information and assistance in 2020 and no more so than when the Covid Restrictions commenced. In 2020 FLAC received 12,468 calls to its Telephone Information and Referral Line. 

FLAC’s Telephone Line provided valuable insight into the impact of Covid on people’s lives including; restrictions to people's movement as well as business closures, overnight changes to people's employment status and increased family tensions when spouses and partners had to reside together for extended periods of time.  

 Employment Law queries comprised 16% of our queries, an increase of 38.6% compared to 2019 and Family Law queries comprised 27.6 % of the queries raised, an increase of 14.2%. 

Speaking at the launch, FLAC CE Eilis Barry noted; 

It is a matter of ongoing concern that there is no legal aid available in employment cases, as a result the almost 2,000 FLAC service users with an employment law issue who got through to FLAC’s phoneline were unable to access legal aid. 

 Family law queries rose by 14% and the restrictive means test and delays in obtaining legal aid also meant that many callers were unable to access timely legal aid for crucial family law issues.  

The number and complexity of the queries received on the phoneline highlight the acute need for legal information and advocacy services. Employment law queries rose by 39% and, during one week in May, exceeded family law queries for the first time in FLAC’s history. 

The pressures arising from the Covid Pandemic restrictions, often exacerbated, already very difficult family and marital situations with 38.5% of family law query related to Separation or Divorce in 2020. Many callers raising maintenance queries and seeking information, were in dire financial straits. 17.5% of family law queries related to maintenance.  

28.1% of family law queries related to access/guardianship or custody, many of these were from parents who due to covid restrictions were facing difficulties in having access to their children and did not know where to turn to seek information and advice. 

It was particularly concerning for FLAC to receive calls from people who were the subject of ongoing and exacerbated domestic violence and felt in genuine fear for their safety. This was often due to financial and alcohol stresses as well as people now living in close confines due to the sudden loss of employment arising from Covid Restrictions.  This is particularly concerning in light of recent revelations that domestic violence victims who made emergency calls for help did not receive the standard of service from Gardaí that they required and to which they were entitled. 

In addition to the phone line, FLAC established Phone Legal Advice Clinics after the closure of face-to-face legal advice clinics in March 2020. 4,860 people received legal advice at FLAC Clinics during 2020.   

210 social justice NGOs received legal assistance through the pro bono referral scheme, a 40% increase on 2019, illustrating the difficulties NGOS were facing during the pandemic.  

Throughout the pandemic, FLAC continued to take on cases in the public interest and opened 41 new case files in 2020. Housing, Social Welfare and Discrimination matters remain the most prevalent areas of law. FLAC’s legal team continued to represent clients of the Roma Legal Clinic  

 Casework highlights during 2020 include:  

  • FLAC opened three case files on behalf of Travellers who were faced with eviction proceedings. 
  • FLAC successfully sought reviews of decision on the entitlement to Child Benefit of two Roma women.  
  • Successful Judicial review proceedings taken on behalf of a homeless Roma couple against South Dublin County Council in relation to a failure to assess their housing application. 

 Sinéad Lucey, FLAC Managing Solicitor, commented:   

“The work of the new Traveller Legal Service has been dominated by discrimination and housing issues. This provides an insight in the harsh realities faced by Travellers in Ireland today, and the enormous unmet legal need within the Traveller Community. FLAC’s casework arising from the Roma Legal Clinic continues to illustrate the difficulties faced by the Roma community in terms of poverty, access to public services and employment and incidents of direct discrimination. 

However, litigation alone cannot resolve the deep societal prejudice and structural discrimination faced by groups such as Roma and Travellers. The Government must be cognisant its obligations under the Public Sector Human Rights and Equality Duty in providing vital services such as housing and social welfare, and place human rights and equality considerations at the heart of policy-making.”  

FLAC’s new chairperson David Fennelly BL, highlighted the unwavering commitment of FLAC staff and volunteer lawyers in providing legal assistance to those most in need during the pandemic: 

“Timely Access to basic legal information and advice for those in need is the first step in ensuring access to justice. We are extremely grateful to our FLAC and PILA volunteers and FLAC’s partner network of Citizens Information Centres and other community centres nationwide for their assistance in adapting services. 

Volunteers at FLAC Clinics rose to the challenge posed by the pandemic. Within weeks of the closure of face-to-face clinics over one hundred solicitors and barristers had volunteered to provide phone legal advice clinics. As a result, FLAC was able to ensure that a vital and accessible service remained available during the pandemic. 

Finally, thank you to FLAC’s funders who supported FLAC’s work during 2020. Without your support, FLAC simply would not be able to carry out the work we do to strive for access to justice."

You can read a copy of FLAC's 2020 Annual Report here and watch the launch of the report here

Share

Resources

Sustaining Partners