Equality Advice Leicester

Benefits; it's a tough time for everyone trying to claim and those in need, remember these few rules and it should help.

1. NEVER go to a work capability assessment alone, go with someone who can at least take notes, then if anything unreasonable happens there is a witness. You don't need permission but you can let the Dwp know if you want.

2. If the outcome of any benefit claim is not what you want then you must request a mandatory reconsideration within a month or so of the decision.

3. If the mandatory reconsideration is unsuccessful then you will have to appeal to the tribunal send all evidence you have of your right to said benefit and consult someone who can help you represent yourself.

4. When applying for a benefit regarding illness and/or disability send any medical notes, appointments, diagnosis literally anything medically related it all helps paint a picture. Remember these documents will be sent back.

5. Be patient the system is a slow one but don't be a pushover! You need this benefit survive, they have a time limit to respond so if you hear nothing after 2 weeks call them and ask what is going on.

Tip Time,

Complaints Against the Police.

If you have suffered from any problem, from police brutality to unreasonable conduct to basic negligence then you can make a formal complaint to the police, statistically the number of complaints against police are low, this is because most of us believe we cannot win, however these statistics make police able to show relatively low issues and therefore no-one is ever really disciplined and policy doesn't change, for that reason alone complaints are worth making.
Your complaint will be handled by a department of professional standards, and while still an arm of the police force most of these departments are separate from the police force itself.
Your complaint will be initially assessed and put into one of two tracks 'Local Resolution' where the complaint is dealt with by the department along with the officers involved who will try and meet with you to resolve the issue and 'Local Investigation' a formal investigation made by the department into your complaint.

You must initially complain to the police before taking any further action, it is best to appeal to the IPCC Independent Complaints Commission rather than the police but you must have proof of an original complaint to the right police force.
You can also take legal action against the police, however to do so you must go through the initial complaints procedure. It may feel like a waste of time, but by merely raising an issue you are highlighting something that has been hidden.

Any further information needed just send me a message.

Another win, another one bites the dust, and another post inspired by that.

Divorce, its a difficult time, more so when domestic violence is involved, it is important to note that when domestic violence/child abuse is involved legal aid IS AVAILABLE!
With a divorce and D.V. and/or C.A. the first thing needed is to make a non molestation order and an occupation order to keep you safe and so you can stay in your property without fear.
Keep notes of EVERYTHING, times and dates of any incidents for court, take pictures of any injuries, police involvement - especially when money/assets are involved.
You do have rights, your abusive partner cannot take your things, or your children (if you have them) without your permission, keep child passports in your possession.
You can make sure that any visits to your house are on your terms, get a good solicitor, even on legal aid you have a choice some will handle divorce but not injunctions so make sure your solicitor is right for you.

For more specific advice please message me!

Another one bites the dust! Recently won a case which is the inspiration for this tip;

Tip Time:

If you have been unfairly treated by a company, or something has gone wrong then it is important to persevere, most companies have an internal complaints procedure and after that has been exhausted they try and make customers go through ADR (Alternative Dispute Resolution) if you are unhappy with this then look up your local ombudsman, they have an ability to put pressure on certain companies like gas, electric, communications, media, so on and so forth. If they assist you, you are more likely to get a resolution quickly.

Plus if you have a contract check the complaints procedure, if you aren't bound to ADR then try small claims courts, you can represent yourself and your case, and there is a fee remission process for those with low incomes.

Tip Time:

Divorce, doesn't work the way you think it should, especially where assets are concerned, any jointly owned property, any savings you might have, anything of any value, does not automatically get split 50/50.
If you or your partner can prove that any assets were made only by them, they can keep most of it, if not all.
So if you for example own a property with your partner, but you are the only one who pays the mortgage, bills etc. then you are more likely to be awarded the house in full.
Also the court is not there to judge which of you 'is in the right' they are there to help you come to an equitable solution to your divorce.
Though it is an emotive topic it is best to try and peacefully resolve issues out of court, which will make your divorce cheaper and easier.

Tip Time;

This has been coming up a lot recently - Noise Nuisance - in residential areas it is against the law to make noise nuisance past 11pm, if you have a problem with a neighbour you can complain to the police, your landlord as you have the right to peaceful enjoyment of your home and their landlord, if you know who they are.
This ruling still applies in shared accommodation, essentially even in the same house your tenancy agreement applies to your and your room, if a flatmate is making too much noise and won't stop, or you don't want to confront them address it with your landlord.
Always check your tenancy agreement first when having housing problems and then using that you can then make a complaint.

Tip Time; What to do when Stopped and Searched.

1. Stay calm, don't give them a reason to arrest you or use force.
2. Ask the reason for the stop and search.
3.The police must fill in a form which you are entitled to a copy of, always ask for a copy.
4. The officer(s) must give you their names, numbers and the station they work at.
5.You have the right to be searched by someone as the same gender as you.
6. The police must take you to a private place if they wish you to remove any religious coverings.
7. An officer can ask you to remove outer clothing like a coat or jacket, but anything further becomes a strip search with different rules and you must be taken to a police station.

You are 5 times more likely to get stopped and searched if you are black than if you are white, if you believe you have been discriminated against YOU SHOULD MAKE A COMPLAINT.
Police do not often get complaints because people think it will take up too much of their time, but statistics a skewed because of this show always make a complaint.

As always I'm here if you have questions.

Crime Tip;

There are 2 types of offences 'Summary Offences' and 'Indictable Offence.

Summary offences, are mainly dealt with by the Magistrates Court, mild crimes such as assault and vandalism.

Indictable Offence always go to a crown court, these are for serious offences, r**e, murder etc

If you receive a court summons it is most likely to be a magistrates issue, both alleged criminal and victims get them, so don't worry if you receive one.

Remember you have a human right to a fair trial and a free duty solicitor.

School Tip;

If you or your child are experiencing difficulties make a direct complaint to the head of the school, if there is no satisfactory response within two weeks, write directly to the board of governors, they usually take notice again if they don't then contact you Local Education Authority, they have the power to inspect the school without notice.

On another note, children cannot be held in detention outside of school hours, or 'isolation' as they call it these days without 24 hours written notice to the parent(s) and/or guardian.

Bullying is a very serious issue, if your child is being bullied and you genuinely fear for their safety you can refuse to send them to school until the matter is resolved, just follow the above, this goes for teachers as well as other students.

Employment Tip;

ALWAYS keep everything you get from your employer, including your contract and all their policies, if they do
n't give them to you, you do have the legal right to request them. Pay particular attention to Grievance procedures and disciplinary procedures, because you have to go through these first.

Any incident at work, bullying, harassment, unreasonable working conditions - make a diary of it, date, time, perpetrator, location and witnesses if you can.

Remember if you are discriminated against at work you have a small window in which you can make a claim 3 months from the date of the last incident.

I'm here for anyone who needs additional advice.

Mini-Tip on Housing

A lot of us due to lack of social housing are forced to rent privately, for those who do it can be a real headache trying to get repairs and are often ripped off and evicted without due notice.

Depending on what kind of tenancy you have, short hold, fixed term remember to always read before you sign, you can often be pressured into signing straight away but try to resist so you can read through carefully and remember you have protected statutory rights which no contract can break.

Most believe that you can withhold rent - you CANNOT DO THIS under any circumstances, the law swings in favour of the landlord at this moment in time and you can be evicted within a month in most cases if you fail to pay.

Discrimination:

Under the Equality Act 2010 there are 9 'protected characteristics, they are; Disability, Race, Gender, Sexual Orientation, Age, Religion/belief, pregnancy and maternity, Gender Reassignment and marriage/civil partnership.

If you ever feel that you have been treated differently under 1 or more of these characteristics then you may be able to make a complaint/grievance. This includes people who, for example, are directly discriminated against because someone thinks they're gay, even if you're not it STILL COUNTS AS DISCRIMINATION!!

If you ever feel discriminated against you can always post on his wall or send a private message and the right admin will respond to any questions and help in anyway they can.