LAW CENTRE (NI) BUSINESS PLAN 2013-2014 Page 1
About us The Law Centre s purpose is to promote social justice and provide specialist legal support to advice giving organisations and disadvantaged individuals. We provide specialist legal services to members in community care, employment, immigration, mental health and social security law. We support the work of advice agencies through advice, casework, training, information, publications and policy work. Main activities ww an advice line open to members Monday to Friday from 9.30am to 1.00pm in Belfast and Derry; ww a casework and representation service, including strategic court work, provided on referral from members; ww a legal support project to provide free representation at social security and employment tribunals; ww accredited and other training courses aimed at both experienced and new advisers; ww the publication of Frontline magazine four times a year, an annual encyclopaedia of social welfare law, a monthly ezine, regular bulletins on changes to law and policy and a casework bulletin detailing progress with Law Centre cases; ww quarterly practitioner meetings in community care, immigration, social security, and mental health; and a forum on employment issues where advisers discuss legal issues and practitioner developments; ww informed policy comment on changes to public policy and legislation; ww seminars and other events which promote the advancement of legal and policy issues. Page 2
Achievements in 2012/2013 ww Won a judicial review establishing the requirement of patients in Muckamore Abbey to have regular assessments of their needs including the option of independent living. ww Persuaded DSD to introduce a reciprocal agreement between GB and NI for claims for contribution based ESA. ww Established before a Social Security Commissioner that Child Benefit ordinary residence and right to reside rules were contrary to European law. ww Lobbied DWP to make positive amendments on regulations covering the benefit cap, ESA, Universal Credit and claims and payment regulations. ww Convinced the Assembly s Social Development committee to refer the Welfare Reform Bill to an ad-hoc committee to examine equality and human rights implications (see paragraph 142 of SD committee report on the Bill in March 2013). ww Resolved delays with HMRC in paying Child Benefit and Child Tax Credit for refugee and migrant families through legal action (the issue is ongoing). ww Secured 50,000 compensation for an agricultural worker paid below the statutory agricultural worker wages rate. ww Won employment cases concerning un- fair dismissal, discrimination, transfer of undertakings, redundancy, unlawful deduction from wages, breach of contract, notice and holiday pay, civil protection from harassment and flexible working. ww Convinced DEL, with others, that the employment law reforms in Britain extending length of service to take tribunal claims should not automatically be applied in Northern Ireland. ww Got HSCB s Business Services Organisation to make available its guidance on decision-making when registering people with general practitioners. ww Secured asylum, family reunion and other rights for nationals from Cuba, China, Georgia, Ghana, Iran, Kenya, Liberia, Nigeria, the Philippines, Pakistan, Russia, Somalia, South Africa and Turkey. ww Ran conferences and seminars on choice, control and capacity (with Mencap), tackling employment (with DEL), legal aid reform with LSC(NI), tribunal reform (with University of Ulster School of Law and DoJ), employment dispute resolution, access to health care for people from abroad, reform of community care, a single visa for North/South immigration and developing pro-bono initiatives. ww Developed new training courses on Universal Credit and other welfare reform changes and Personal Independence Payment. ww Provided training to over 1,300 participants and secured an evaluated satisfaction rate of 96 per cent. ww Got 290,296 visits to the Law Centre website and 8,210 document downloads. ww Trained 58 volunteers to undertake tribunal representation and provided free representation at 64 social security and industrial tribunals. ww Achieved Investors in People bronze and health and well being awards. ww Achieved Lexcel accreditation. Page 3
Introduction This is the Law Centre s Business Plan for 2013/2014. The plan sets out strategic objectives for the year alongside service delivery targets for casework, training, publications and policy development work. This Business Plan needs to be read alongside our recently published Development Plan for 2013-2016. These are particularly uncertain times for the voluntary sector, both in terms of availability of funding and the scale of change ahead. This year is likely to see the Welfare Reform Bill passed, the commencement of changes in community care from Transforming Your Care and a mental capacity bill published. We will continue to work with Advice (NI) and Citizens Advice as part of the Advice Services Consortium and we are fully cognisant of the need to demonstrate effective partnership working and avoidance of unnecessary duplication in our work. The Law Centre will continue to show our distinctive role in delivering specialist legal services. In difficult economic circumstances, independent advice services both locally and regionally remain an important cornerstone of ensuring rights and entitlements are effectively secured and enforced. This Business Plan aims to contribute to that need through both our own work and that which supports the work of other member advice organisations. In addition, we will seek to be innovative and will hold an annual social justice lecture and contribute to the Foyle Film Festival with the University of Ulster. Page 4
Key strategic objectives The purpose of the Law Centre is to deliver high quality casework, training, policy and publication services to advice giving organisations and disadvantaged individuals. The main strategic objectives for 2013/2014 include to have: ww achieved at least ten changes in law, policy and practice as a result of our work; ww entered into at least ten initiatives in partnership with other agencies and to be able to demonstrate ten outcomes that have enhanced the rights of or improved services to disadvantaged people; ww completed a review of organisational structures including the development of a publications/communications unit; framework to measure outcomes and ongoing impact from training on a structured basis has been implemented. A programme of publications and policy work is also set out for the year. These targets are set as part of our contribution to meeting objectives set by DSD for funding the Advice Services Consortium and to meet other funding targets. Progress in meeting organisational and other objectives is monitored through a half yearly report provided to the Management Committee which reflects on how the previous year s targets were met alongside an update on progress with this year s objectives. ww implemented a plan to become a more environmentally friendly organisation with a statement of corporate social responsibility; ww developed a marketing and communications strategy; ww undertaken a staff satisfaction survey; ww reviewed staff terms and conditions; ww maintained Lexcel accreditation; ww broken even for the financial year in the difficult financial circumstances. Service delivery targets are set for successful outcomes at all forms of tribunals and courts in which the Law Centre provides representation. Training objectives are set and published in a training programme sent to all members. Qualitative targets are set and measured by satisfaction rates obtained through written evaluations completed by participants. A Page 5
Service delivery Casework The Law Centre will achieve Lexcel accreditation for its casework services to provide an external benchmark of the quality of casework systems and services. In addition, by 31 March 2014 we will have: ww undertaken at least 6,500 pieces of advice; ww opened 360 new cases; ww taken at least 25 strategic cases (ie cases involving court action or representation which deal with a legal precedent or cover a point of public interest or importance); ww through the Legal Support Project, provided free representation in at least 75 social security and employment appeals and opened at least 115 new cases; ww run a conference exploring international developments in pro-bono legal work. The casework team will also be involved in delivering training, producing casework briefings and other publications, as well as material for the website and to support policy work. This is reflected in objectives contained elsewhere in the business plan. ww provided representation on at least 305 occasions; ww achieved a success rate as follows: social security commissioners 55% social security appeal tribunals 60% industrial tribunals 70% immigration appeals 60% mental health review tribunals 50% court hearings 50%; ww organised at least twelve subject based practitioner meetings bringing advisers together to discuss key policy and legislative developments; ww maintained at least four hospital based legal services for mental health users; ww through the Legal Support Project, involved at least 40 active volunteers in providing probono representation at social security appeal tribunals and industrial tribunals; Page 6
Training Our training is aimed at voluntary sector advisers and others who give advice as part of their work including solicitors, barristers, local political party constituency advisers and social workers. By 31 March 2014, the Law Centre will deliver at least 75 training days from our two offices. Our aim is to achieve at least a 90 per cent evaluation of overall satisfaction and 90 per cent satisfaction that course objectives are met. We will also conduct an outcomes tracking exercise for the Welfare Rights Adviser Programme. Our courses are linked to the National Occupational Standards for Legal Advice. The training will include: ww three eight day Welfare Rights Adviser Programme courses (WRAP) accredited at NVQ Level 3; ww one six day course on tribunal representation accredited at NVQ level 4; ww eight courses on the introduction of Personal Independence Payment; ww seven courses on understanding Universal Credit and other social security changes; ww two half day courses on means-tested benefits (WRAP refresher); ww two half day courses on disability benefits (WRAP refresher); ww one course on challenging Tax Credit overpayment decisions; ww one course on social security: seeking work, other requirements and sanctions; ww two courses on introduction to employment law (two days); ww one course on the rights of agency workers; ww two courses on an introduction to mental health law; ww one course on mental health and criminal justice; ww two courses on representing at mental health review tribunals; ww two courses on protecting human rights in community care; ww two courses on carers and their rights; ww one course on children and young people in the immigration system; ww one course on an introduction to immigration law and practice (two days); ww one course on immigration and criminal justice; ww one course on immigration law and people trafficking; ww one course on advocacy skills (two days); ww one half day course on legal research skills for advisers In addition, the Law Centre will meet its agreed commitment to provide two days training to each of the five health and social care trusts in Northern Ireland. ww one course on handling difficult issues at social security appeal tribunals; ww one course on European Law and immigration; ww one course on redundancy, lay-off and employer insolvency; Page 7
Policy By 31 March 2014 the Law Centre will have lobbied for: ww amendments to the Welfare Reform Bill and operational arrangements to ameliorate the worst impacts of welfare reform; ww a better system of support for refugees and asylum seekers, including more effective transition arrangements from asylum to refugee status and for asylum seekers to have the right to seek work; ww effective access to health care for migrants including registration with a doctor; ww the implementation of victim-centered arrangements for combating human trafficking in Northern Ireland; ww improved arrangements for movement within the Common Travel Area; ww effective guardianship arrangements for separated children subject to immigration control; ww implementation of key Bamford Review recommendations; ww speedier resettlement of patients from learning disability hospitals; ww correct implementation of policy on top up fees in residential care across all Health and Social Care Trust areas; ww provision of adequate domiciliary care reflective of need; ww effective arrangements for alternative dispute resolution in employment cases and a Northern Ireland approach to employment law reform. We will also contribute tangibly to: ww monitoring the impact of welfare reform; ww scrutinising the social security regulations, implementing welfare reform; ww the new draft Mental Capacity (Health, Welfare and Finance) Bill; ww the reform of adult social care; ww the review of conduct regulations for agency workers; ww the new draft Positive Ageing Strategy; ww highlighting the adverse regional impact of Westminster immigration policy; ww a new childcare strategy for Northern Ireland; ww the development of the replacement to the social fund; ww the debate on Transforming Your Care; ww tribunal reform; ww reform of the Rate Rebate Scheme. To meet our aims we will have delivered: ww a North/South immigration forum on human trafficking; ww a North/South social welfare forum on the impact of austerity measures; ww four meetings of the Welfare Reform Group; ww four meetings of Rights in Community Care; ww four meetings of the Mental Health and Learning Disability Alliance; Page 8
ww roundtable seminars on welfare reform and on the review of employment law; ww Mental Health and Learning Disability Alliance roundtable seminar on capacity law; ww a conference on the draft Mental Capacity (Health, Welfare and Finance) Bill; ww a joint conference with NICVA on implementation of welfare reform; ww a conference on adult social care; ww 20 policy submissions; ww four briefings for the Assembly political parties and members; ww three Law Centre impact newsletters; ww policy intern schemes with the Transitional Justice Institute, University of Ulster; the School of Law, Queen s University Belfast and Fordham Law School; ww a social justice lecture; ww a social justice film event. We will also conduct a review of the policy system for recording and sharing policy work. Page 9
Publications By 31 March 2014, the Law Centre will have published: ww a book on employment rights; ww the fourth edition of Rights in Progress; ww the online Encyclopedia of Rights aimed at frontline advisers; ww a research report on long term care in North- ern Ireland; ww four editions of Frontline on-line; ww devised a new search engine optimization strategy; ww completed a review of our annual report; ww developed and implemented a communica- tions and marketing strategy, incorporating a social media communications strategy. In addition, we will publicise the Law Centre s work, organise public events including launches, an AGM and other appropriate initiatives, issue press releases and liaise with the media as appropriate. ww three community care information briefings; ww an annual impact report; ww three Law Centre impact newsletters; ww a development plan for 2013-2016 ww a business plan for 2013/2014; ww a training programme; ww an updated strategic casework referral policy; ww four policy briefings; ww contributions to each edition of the Writ for 2013-2014; ww regular updates of material on the Law Cen- tre s website; ww a monthly ezine for members and others; ww a Legal Support Project impact report. In meeting these aims we will have: ww completed a review of our website; ww increased the number of hits to our website; Page 10
Contact Law Centre (NI) Central Office 124 Donegall Street Belfast BT1 2GY Tel: 028 9024 4401 Fax: 028 9023 6340 Textphone: 028 9023 9938 Email: admin.belfast@lawcentreni.org Western Area Office 9 Clarendon Street Derry BT48 7EP Tel: 028 7126 2433 Fax: 028 7126 2343 Email: admin.derry@lawcentreniwest.org Web: www.lawcentreni.org Twitter: @LawCentreNI Law Centre Page 11