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FLAC caseload dominated by family law

23 Sep 2024 justice Print

FLAC caseload dominated by family law

FLAC’s 2023 annual report has said that its submission to the 2023 Review of the Civil Legal Aid Scheme outlines its vision for reform.

This encompasses preventative justice, which seeks to resolve legal issues before they escalate, in a shift away from the reactive model of legal aid.

FLAC states in its annual report that it plays a "critical role" in addressing unmet legal needs, through free legal advice, representation, and advocacy.

FLAC’s annual report states that the 2023 review represents a unique opportunity to align Ireland’s legal aid model with international best practices and expand access to justice, especially for vulnerable populations.

The body's helpline received 52,632 calls but FLAC could only answer just over one-fifth of these.

Data from FLAC’s clinics and helplines show that family law is the largest legal query category, accounting for 28% of the total.

Queries are focused on divorce and separation (33.9%) and custody/access/guardianship of children.

There was also a rise in queries to FLAC related to domestic violence.

Employment law represented 19.4% of the total calls, with queries on employment contracts, dismissals, and grievance procedures.

There was also an increase in WRC issues such as bullying and harassment.

A 22% rise in housing-related issues saw particular focus on those involving social housing and emergency accommodation.

Queries from lay litigants nearly doubled, with a high proportion involving family law disputes.

FLAC was involved in the first court ruling in Ireland finding discrimination against a Roma woman in a retail environment.

Discrimination based on ethnicity, disability, and gender remains a significant focus, with cases often settling for compensation.

Survivor pensions

In 2023, FLAC did work on two cases which ended in Supreme Court decisions.

The Heneghan Case expanded the franchise for Seanad elections, recognising a constitutional obligation for broader voting rights.

The O'Meara ruling found that that limiting survivor pensions to married or civilly partnered families was unconstitutional.

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