Amicus Curiae - Intellectual Disability
Legal Aid Board v District Judge Patrick Brady and the Northern Area Health Board & Others (March 2007)
In March 2006, the High Court invited the IHRC to appear as amicus curiae in this case. The case concerned the rights of a parent with an intellectual disability to the assistance of a guardian ad litem in child care proceedings where she was at risk of having her child taken into care and being adopted. This was in circumstances where the person would have difficulty in participating in the legal proceedings even with a legal aid solicitor representing her, due to her difficulty in communicating with her legal representative.
The case was joined with other proceedings brought by the person against the Legal Aid Board. In June 2006, the IHRC made an initial submission, followed by a second submission to the Court on the order in which the proceedings should be considered, citing the UN Convention on the Rights of the Child and the new UN Convention on the Rights of Persons with Disabilities.
In March 2007, the case was to be heard but was settled between the parties following the introduction of guidelines concerning the granting of legal aid in such cases.
While not expressing a definitive view to the Court as to whether the new arrangement fully satisfied the human rights concerns raised in the case, the IHRC did signal that the new guidelines represented a significant advance on the situation heretofore arising.