Advice & Redress
Citizens Advice Bureaus are established throughout Northern Ireland. They are the primary agency giving advice in relation to governmental services. They are financed by district councils and central government.
Most Citizens Advice Bureaus are staffed by volunteers. They are trained by Citizens Advice, Northern Ireland. They typically deal with social security, housing, and similar benefits. They operate in person or by telephone.
Where difficult matters are passed to the Law Centres. In addition to the Citizens Advice Bureaus, district councils may finance voluntary organizations that provide advice in relation to governmental and legal services.
The Law Centres, NI, are staffed by salaried employees. They do not deal with general inquiries raised by the public but are more likely to deal with cases referred to them by other agencies associated with the Law Centre. There are numerous agencies associated with the Law Centres.
Some staff at Law Centres will be legally qualified. Both cases will relate to employment, social services, immigration issues.
The Ombudsman deals with complaints against public bodies such as councils, the education boards, health and service boards, the housing executives, Northern Ireland electricity, and numerous other agencies. Complaints are made directly to the Ombudsman’s office within six months of the action complained of or two months where a person is not aware of the basis of complaint after the six months.
Another section of the Ombudsman, access to Ombudsman to the assembly. It deals with complaints against government departments. These must be channeled through a member of the legislative assembly. The complaint must be made within 12 months.
The Ombudsman considers issues of efficiency and maladministration.
The Ombudsman may uphold or reject a complaint. If a complaint is upheld, the authority will generally agree to settle the matter. If the matter is not settled, the complainant may be entitled to apply to the county court for compensation or other orders to prevent maladministration.
The legislation is the Commission of Complaints, NI Order, 1995, and the Ombudsman NI Order.
Complaints against UK government departments must be made through a Member of Parliament to the Ombudsman in London.
Complaints against the police are dealt with by the Police Ombudsman for Northern Ireland. This body is independent of the police service of Northern Ireland. If an offense has been committed by a police officer, the Police Ombudsman service may investigate and recommend prosecution. Where there has been a breach of the disciplinary code, it may recommend disciplinary action be taken against the officers concerned. In certain cases, the Ombudsman can require that disciplinary action be taken.
The Northern Ireland Policing Board supervises the operation of the Police NI Act, 2000. The Justice Act 2011 has placed responsibility for the police under the Department of Justice. The policing body.
The Northern Ireland Policing Board disciplines — appoints and disciplines senior police officers. It appoints district policing partnerships in each district council area. It also serves as the service policing partnerships.
The general interest of consumers is monitored by the General Consumer Council for Northern Ireland (NI) Order, 1984, the Office of Communications OFCOM deal with complaints regarding telecommunications services. The Financial Services Authority in London deals with complaints against financial service providers.
The Labour Relations Agency offers conciliation service in relation to industrial disputes. The Health and Safety Executive deal with health and safety matters.
Solicitors, the legal profession in Northern Ireland is provided with two main groups, barristers and solicitors.
Solicitors undertake non-contentious work. This is work other than court work and contentious work generally in the lower courts and in instructing barristers in the higher court.
Solicitors undertake a two-year training program consisting of 9 months academic and 15 months training in a solicitor’s office as an apprentice. Admission to the solicitor’s course which is run by the Institute of Legal Studies at Queen’s University is through a law degree or another degree plus a certificate in legal studies.
There are certain legal services which may not be undertaken for remuneration other than by a solicitor.
The second branch of the legal profession comprises barristers at practice at the bar. Each barrister is self-employed and generally. They can only they may be instructed only by a solicitor other than in exceptional cases.
Persons become barristers by attending the Institute of Professional Legal Studies at Queen’s University or the equivalent in England and Wales. Following completion of exam perspective barrister’s act as pupils to the masters for a year.
Barristers undertake advocacy work in court. They also undertake proprietary work in relation to legal proceedings or pleadings. They also give opinions on areas of law.
Where barristers have practiced for a number of years, they may apply for to become Queen’s counsel.
Legal aid schemes are administered by the Northern Ireland Legal Services Commission. Solicitors agree to undertake the legal aid work. The solicitor who is affiliated with the legal aid scheme makes an initial consideration based on the financial circumstances as to whether a person may be eligible for legal aid.
Eligibility depends on capital and income being less than a certain amount. The level of disposable capital and disposable income is increased where there are spouses and dependents. The threshold of disposable capital is relatively low. Where a person qualifies but his income is above a certain level, they may be expected to make a contribution towards costs.
The solicitor must generally obtain the permission of the legal services commission. The solicitor must be a member of the scheme.
Solicitors may agree to provide legal services on the basis of recovery of part of the cost from the award or money recovered legal services commission may on application oblige to make monies exempt on the basis that the personal assistant would be otherwise subject to hardship or distress or recovery would be unreasonably difficult.
Assistance by way of representation relates to a court application, typically the magistrate’s court. The solicitor applies to the legal services commission for permission to represent the applicant. The applicant must satisfy the financial tests and the solicitor has to show there are reasonable grounds for the application, the legal proceedings, and that it is not unreasonable in the circumstances. In criminal cases, the solicitor may apply or be appointed by the court to represent a person.
The Civil Legal Aid Scheme was introduced in 1965. This is separate from the above advice and assistance scheme. In the former scheme, the solicitor takes details of financial circumstances and remits them to the legal services commission.
The commission decides on the basis of capital and income whether civil legal aid is available. The limits for capital are considerably higher than in the former scheme. The eligibility is worked out by the commission, not the solicitor. A contribution towards cost is required in the same manner as the above scheme if income is above a certain level.
Under the civil legal aid scheme, a merits test must be passed. The commission must be satisfied that there are grounds for proceedings and it is not unreasonable to receive legal aid for the particular case. Under the advice and assistance scheme, representation is limited in the above circumstances to certain magistrate’s court proceedings, generally family law, criminal cases in the magistrate’s court or county court, mental health review.
Under the civil legal aid scheme, it is not just the solicitor who considers the merit.
An emergency certificate may be issued on condition that payment is made if the person does not qualify. The civil legal aid scheme covers most civil legal aid with the exception of small claims courts and tribunal hearings.
If the case is successful, the solicitor will recover the costs from the other side of the dispute. If the other side wins or # [10:31] pays are inadequate to cover the legally aided party’s costs, the legal service commissioner will pay the solicitor. The amounts paid to the solicitor are calculated in accordance with regulation. The legally-aided person may be obliged to make contributions. If the contributions are not enough to cover the costs incurred by the fund, the fund is entitled to charge any money or property recovered.
There is provision for free legal aid in criminal cases. This is in addition to the more common and the above advice under the assistance by way of representation scheme, the court’s decision as to the grant of criminal aid certificate. Applications are made to the court office in advance or to the court itself.
The court must be satisfied in relation to the financial means and circumstances and that it is desirable that the person of free legal aid in the preparation and conduct of his defense. The accused would be entitled to fill out details of his financial circumstances which may be checked against information about some governmental sources.
Legal costs. Legal costs may be agreed or assessed by a taxing master. Taxing master allows works that are necessarily and properly incurred. If a person loses a case, he would generally have to pay the opponent side.
There may be agreement on the level of fees or taxation in default. A client may refer an invoice bill received to taxation within 12 months. The taxing master will assess reasonable cost.
The losing party to litigation generally pays the winning party’s cost. In default of agreement, the taxing master will determine the legal cost. Costs may be taxed where the opponent must pay the losing side’s costs.
In non-contentious work, it’s possible to make an application within three months if a person loses the dispute an additional 10 percent is payable.
Alternatively, it is possible to require the solicitor to obtain a remuneration certificate from the law society. The remuneration certificate must be offered in one month after the solicitor informing the client that he has a right to apply for it.