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This page was last updated on 14 June 2007
The CRE is bound by law to consider all applications for assistance in cases of alleged discrimination. However, we do not rule on whether or not discrimination has occurred: this is for the employment tribunal or a court to decide.
We can only consider your application for assistance if your complaint is covered by the Race Relations Act.
Although we do not have the resources to support every case, everyone who applies will get some preliminary advice. However, this advice is not the same as legal representation. Our complaints officers will help you as much as possible, but they are not your representatives. It is only if and when we make a firm offer of legal assistance that we will act as your representative.
The application for assistance form is in Microsoft Word format. If you don't have this software installed on your computer, you can download Microsoft's free Word Viewer here:
Yes, all applicants to the CRE receive some advice about their complaint, but only a small proportion receive legal representation. We have a duty to consider every application for assistance. However, we are obliged only to support cases which we consider are suitable.
Decisions are usually made on the basis of the strength of the case, but other factors also come into play, such as whether or not the case meets the CRE's priorities; whether the applicant already has, or could have, access to alternative representation; and if we believe it is reasonable to expect an applicant to pursue their case without its help. We expect trade unions to advise their members on discrimination claims and will refer applicants who are trade union members to their union, in the first instance.
Remember, too, that the CRE can only help applicants whose complaints fall within the scope of the Race Relations Act.
You should apply in writing to your nearest CRE office, which will send you a form for completion.
The form can also be downloaded from the right-hand column of this page.
There is no legal deadline for applying to the CRE for assistance with your case. However, in practice it is unlikely that we will agree to provide legal representation if you apply for assistance just before a hearing. You must therefore give us as much notice as possible of your case, so that we can carry out an adequate assessment and, if necessary, prepare ourselves properly for hearing.
Remember, your complaint to the employment tribunal, or county or sheriff court, must be lodged in accordance with the deadlines fixed by the Race Relations Act (not the CRE). Applying to the CRE does not affect the employment tribunal deadline, which is three months less one day from the date of the incident you are complaining about, unless the statutory dispute resolution procedures apply - in which case the deadline is automatically extended to six months.
Note: applying for assistance to the CRE is not the same as filing a complaint in a tribunal or court. Once you apply for assistance to the CRE, we will advise you on how to file your complaint, but it is your responsibility to observe the time limits.
A CRE complaints officer will contact you shortly after your application has been received, to make an appointment for an interview, should this be necessary (we regret that we cannot pay your travel expenses).
The purpose of the interview is to get a fuller picture of the case, and to explain CRE and legal procedures. If you need an interpreter, or if you have other special needs, please tell the complaints officer in advance, so that the necessary arrangements can be made, as far as possible.
Where appropriate, the CRE complaints officer will help you to complete the relevant forms and to collect the evidence you need to prove your case. If your case is against your employer, the complaints officer will also try to settle your case through ACAS on your behalf, should this be relevant. Your case will be treated with strict confidentiality at all times.
The Race Relations Act sets out strict criteria which the CRE must apply in deciding which cases will receive support. These are:
However, we can use our discretion when making a final decision on assistance. In England and Wales this discretion takes the form of a two-stage process, which is carried out before the final decision is made.
All decisions on all applications are made by a committee of CRE commissioners (the Legal Committee), which meets every six weeks. Decisions by the committee are final. The committee usually makes two decisions on each application:
If we are unable to offer assistance or legal representation, you will be given a reason for this. Remember, you can always take your case to the tribunal or court without our help. We can put you in touch with other agencies or solicitors who may be able to help.
The CRE will not assist clients who are aggressive, violent or abusive, and we reserve the right to withdraw representation at any time, or to change the terms on which it has been offered. This may happen, for example, if it emerges that the case has little chance of success; or if you fail to cooperate fully; or if the other side makes a reasonable offer to settle the case; or if new information becomes available.