Services & Disability Discrimination
Discrimination on the ‘disability ground’ occurs where there is less favourable treatment of one person compared to another person because one has a disability and the other has not, or the other has a different disability.
‘Disability’ is defined broadly to includes, physical, intellectual, learning, cognitive, emotional or medical conditions.
Case law has established that the definition includes, for instance, depression, epilepsy, claustrophobia and agoraphobia, alcoholism, facial scarring, Attention Deficit Hyperactivity Disorder, HIV infection, diabetes and dyslexia.
People cannot discriminate on the grounds of disability:
- when they are providing goods and services to the public generally or, a section of the public;
- whether these are free or where the goods and services are sold, hired or rented or exchanged; or
- when providing access to and the use of any place or or facility.
What is meant by services and goods?
The Equal Status Acts aim to make sure that people are treated equally when they access goods and services.
You are using a service when a person or organisation does something for you, or supplies you with something.
Goods are any moveable property. For example, goods are items that can be bought or sold.
You are protected if you are using a facility or, service of any nature, including facilities for:
- banking, insurance, grants, loans, credit or financing;
- entertainment, recreation or refreshment;
- cultural activities;
- transport or travel;
- a service or facility provided by a club (which is available to the public or a section of the public);
- a professional trade or service, such as plumbers or financial advisors; and
- educational services; and
- public services provided by the State (for example HSE, local authorities).
This list is not a full list. The Equal Status Acts take a broad view of what a service is.
How can I access services with a disability? Reasonable accommodation
Discrimination on the ground of disability includes a refusal or failure by a service provider to do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities, if without such facilities it would be impossible or unduly difficult for the person to avail himself or herself of the service.
The following service providers must do all that is reasonable to accommodate the needs of a person with a disability:
- a person selling goods or providing services;
- a person selling or letting accommodation or providing accommodation;
- educational establishments;
- clubs.
This involves providing special treatment or facilities in circumstances where, without these, it would be impossible or unduly difficult to avail of the goods, services, accommodation etc.
However, they are not obliged to provide special facilities or treatment when this costs more than what is called a ‘nominal cost’.
What amounts to a ‘nominal cost’ will depend on the circumstances such as the size and resources of the body
involved. If the State provides grants or aids for assisting in providing special treatment or facilities, there may be an onus on the service providers etc. to avail of these grants.
Risk of harm
Where a person has a disability that could cause harm to the person or to others treating the person differently to the extent reasonably necessary to prevent such harm does not constitute discrimination.
What about assistance dogs?
Public and private service providers - for example on transport, in educational institutions, in pubs - must do all that is reasonable to accommodate people with disabilities to use their assistance, or guide, dogs.
The Workplace Relations Commission (WRC) considered reasonable accommodation and assistance dogs in the complaint: A mother (on behalf of her son) v A national school (S2016-048).
This complaint concerned a schools refusal to allow one of its pupil’s, who had a disability, to bring his assistance dog to school with him.
The WRC found there was an obligation on the school to provide reasonable accommodation to the pupil in these specific circumstances and that its refusal to do so was in breach of the Equal Status Acts.
What is discrimination in public services?
Public services provided by the State, such as government departments and agencies, the health service, social welfare or local authorities are all covered by equality law. This includes things like tax, grant and pension assessments.
While there may be exemptions linked to certain protected grounds, you are entitled to be treated equally in seeking to avail of a range of public services and benefits.
This also includes physical accessibility to buildings and services for people with a disability.
Example A public library must do all that is reasonable to accommodate a wheelchair user to access the building.
Example A government agency must do all that is reasonable to accommodate someone with a visual impairment to access their services online.
What about financial services?
Financial services such banks and insurers are covered by equality law on services and goods.
Example An bank refuses to open a bank account for someone with an intellectual disability.
Risk exemption for financial services
Not all differences in treatment by financial services are unlawful.
Specifically, section 5(2)(d) of the Equal Status Acts allows for difference in the treatment of persons, in relation to annuities, pensions, insurance policies or any other matters relating to the assessment of risk, where the treatment is effected by reference to:
- actuarial and statistical data obtained from a source on which it is reasonable to reply, or other relevant underwriting or commercial factors, and;
- is reasonable having regard to the data or other relevant factors.
Any decision to treat a person applying for an insurance policy less favourably under any of the nine protected grounds, or not to provide a service at all, must be based on reasonable evidence, and relevant underwriting or commercial factors .
If you are refused insurance or quoted a higher premium, you are entitled to the reason(s) for this.
It is also important to note that this exemption does not apply to the gender ground, meaning no difference in treatment by a financial service can be justified on the basis of gender.
Also, although this has not been determined by the Courts, it is worth noting that difference in treatment on the basis of race may also be unlawful.
Refused insurance complaints
If you have been refused insurance cover, you are entitled to go to the Declined Cases Committee of Insurance Ireland, who will obtain an insurance quotation on your behalf.
In order for the Committee to consider your case, you must first have sought and been refused quotations, in writing, from at least three insurers.
What's covered?
The Equal Status Acts 2000–2018:
- promote equality;
- prohibit certain kinds of discrimination (with some exemptions) across a number of specified grounds (Age, Civil Status, Disability, Family Status, Gender, Membership of the Traveller Community, Race, Religion, Sexual Orientation);
- prohibit sexual harassment and harassment across a number of specified grounds;
- prohibit victimisation;
- require reasonable accommodation of people with disabilities;
- allow a broad range of positive action measures.
The Equal Status Acts also implement the following two EU Directives – the Race Directive and the Gender Goods and Services Directive.
How do I know if I’m being unfavourably treated?
Different types of discrimination are prohibited under the Equal Status Acts, these include:
Direct discrimination
This is defined as the treatment of a person in a less favourable way than another person who is in a comparable situation, because they differ on any of the nine grounds described above. This is a difference which:
- exists;
- existed but no longer exists;
- may exist in the future; or
- is imputed to the person concerned (this occurs where a person is labelled as differing under the specified grounds even though this is not the case).
Discrimination by association
This occurs when a person who associates with another person is treated less favourably because that other person differs under any of the specified grounds.
Indirect discrimination
This happens where an apparently neutral provision, criterion or practice which appears unproblematic at first sight, puts a person who differs under any of the specified grounds at a particular disadvantage, compared with another person. This provision, criterion or practice will not amount to discrimination where it is demonstrated that:
- the provision, criterion or practice is objectively justified by a legitimate aim; and
- the means of achieving that aim are appropriate; and
- the means of achieving that aim are necessary.
Procuring discrimination
It is an offence under the Equal Status Acts to procure or attempt to procure another person to engage in discrimination, harassment or sexual harassment.
What responsibilities do service providers have?
Positive action
The Equal Status Acts allow for taking of positive measures (or preferential treatment) which are legitimately intended to:
- promote equality of opportunity for disadvantaged persons;
- cater for the special needs of persons, or a category of persons who because of their circumstances, may require facilities, arrangements, services or assistance.
In addition, the Equal Status Acts allow for the imposition of a reasonable preferential fee, charge or rate in respect of anything offered or provided in respect of families, married couples, older or younger persons, or persons with a disability.
Vicarious liability
Employers are liable for discriminatory acts of an employee in the course of his or her employment.
It is not a defence if the act was done without the employer’s knowledge or approval unless they can prove that they took reasonably practicable steps to prevent the conduct.
It is a defence if an employer can show that reasonable practicable steps were taken to prevent the employee from doing the act, or acts of that description.
Anything done by a person as agent for another person, with the authority (whether express or implied) of that other person shall be treated as if it was done by that other person.
What can I do if I’m being harassed or sexually harassed?
Harassment and sexual harassment
Sexual harassment and harassment in the provision of goods and services is prohibited. A person (‘the harasser’) shall not harass or sexually harass another person (‘the victim’) who seeks to use goods or services provided by the harasser.
What is harassment and sexual harassment?
Harassment is any form of unwanted conduct related to any of the specified grounds. Sexual harassment is any form of unwanted verbal, nonverbal or physical conduct of a sexual nature.
In both cases, it is conduct which has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.
In both cases, the unwanted conduct may include acts, requests, spoken words, gestures or the production, display or circulation of written words, emails and social media, text messages, pictures, or other material.
A person’s rejection of, or submission to, sexual or other harassment may not be used by any other person as a basis for a decision affecting that person.
Who is a responsible person?
A person who is responsible for the operation of any place where goods, facilities or services are offered to the public is defined as a ‘responsible person’.
The ‘responsible person’ must ensure that any person who has a right to be there, is not sexually harassed or harassed. It shall be a defence for the responsible person to prove that he or she took steps as are ‘reasonably practicable’ to prevent the sexual harassment or harassment for occurring.
What if I am retaliated against for making a complaint?
Victimisation
It is victimisation if a person is threatened or treated badly because they make a complaint about discrimination in relation to the provision of goods and services. Victimisation is against the law.
For example, it is victimisation if you are threatened or treated badly because:
- you make a complaint of discrimination against a service provider;
- you have been involved in a discrimination case at the Workplace Relations Commission;
- you helped someone else to make a claim;
- you were involved as a witness in a discrimination case at the Workplace Relations Commission;
- you have taken a discrimination claim to court;
- you have told a service provider that you intend to do any of the things mentioned in this list.
What's not covered?
There are several significant exemptions in the Equal Status Acts that apply to the provision of goods and services. The Equal Status Acts allow for people to be treated differently in certain circumstances.
These exemptions should be read restrictively and should not be allowed to restrict unduly the general prohibition on discrimination.
Exemptions on the disability ground
Sporting events
Difference in treatment on based on disability in relation to providing or organising sporting facilities or events is permitted if:
- the differences are reasonably necessary having regard to the nature of the facility or event; and
- are relevant to the purpose of the facility or, event.
Drama and entertainment
Difference in treatment on the disability ground in connection with a dramatic performance or, other entertainment is permitted if the difference is reasonably required for reasons of authenticity, aesthetics, tradition or, custom.
Clinical judgment (General exemption)
Treating a person differently does not constitute discrimination where a person is treated differently solely in the exercise of a clinical judgement in connection with a diagnosis of illness or her/his medical treatment.
Capacity to enter into a contract (General exemption)
Treating a person differently does not constitute discrimination if a person is incapable of entering into an enforceable contract or, is incapable of giving informed consent and for that reason the treatment is reasonable.
Financial services - risk exemptions on all grounds, except gender
Difference in treatment on any of the grounds, except for the gender ground, in relation to the provision of annuities, pensions, insurance policies or any other matters related to the assessment of risk, is permitted if the difference in treatment is effected by reference to:
- actuarial or statistical data, or other relevant underwriting or commercial factors; and
- is reasonable having regard to the data or, other relevant factors.
Exemptions on all grounds
Wills/gifts
The Equal Status Acts do not apply to the disposal of goods by will or by gift.
Specialised need
The Equal Status Acts permit difference in treatment where the goods or service could reasonably be regarded as being suitable only to the needs of certain persons.
General exemptions
Action required by or under law
A general exemption provides that nothing in the Equal Status Acts shall prohibit the taking of any action that is required under:
- statutory provision or court order;
- any act done or measure adopted by the EU; or
- any international treaty which imposes an obligation on the State.
Only actions that are mandatory are covered. Where the measure leaves some discretion the anti-discriminationn provisions do apply.
Certain nationals of other countries
Public authorities can treat certain nationals of other countries differently, on the basis of their nationality, who are outside the State or unlawfully present in it (for the purposes of the Immigration Act 2004) or in accordance with any provision or condition made by or under any enactment, and arising from his or her entry to or residence in the State.
Risk of criminal or disorderly conduct
A provider of goods or services, or a person providing accommodation or related services, can refuse a service or accommodation to a person if a reasonable individual, having the knowledge and experience of the provider, would form the belief that the provision of service or accommodation to
the customer would produce a substantial risk of criminal or disorderly conduct or behaviour, or damage to property in or around the area where the service or accommodation is provided.
Clinical judgment
Treating a person differently does not constitute discrimination where a person is treated differently solely in the exercise of a clinical judgement in connection with a diagnosis of illness or her/his medical treatment.
Capacity to enter into a contract
Treating a person differently does not constitute discrimination if a person is incapable of entering into an enforceable contract or, is incapable of giving informed consent and for that reason the treatment is reasonable.
Case Studies
Using health services with a medical condition
Case | A Service User v. A Dentist and A Dental Clinic |
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Topic | A woman who had let the dental clinic know of her HIV status in advance of an appointment, having been injected with anaesthetic while seated in the dentist’s chair, was then refused treatment by the dentist. |
Outcome | Resolved through mediation. The dental clinic apologised, and made payment of €10,000 to her. It also implemented a company equality policy and provided equality and diversity, including HIV, training to its employees. |
Law | ESA |
Year | 2019 |
Asked to leave a pub with a disability
Case | A Man v A Public House |
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Topic | The man, who has a brain tumour, was asked to leave the pub where he was celebrating the end of his rehabilitative treatment, because he appeared unsteady on his feet. |
Outcome | Without having to go to court the pub agreed to issue a meaningful apology to the man alongside compensation of €3,500. The management also agreed to attend an annual equality training course, and to report back to the Commission under the agreed settlement, which saw no admission of liability. |
Law | Intoxicating Liquor Act 2003 |
Year | 2019 |
Banking with an intellectual disability
Case | A Service User v. a Bank |
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Topic | The complainant, who has a mild intellectual disability, set up a bank account as part of her move to independent living, as she was transferring from a lengthy period in institutional care to a community setting. However, the bank subsequently closed down her account as her registered address was an institutional care setting. |
Outcome | The complainant successfully took issue with the bank’s position and a private and confidential settlement was reached by the parties to the satisfaction of the complainant. |
Law | EEA |
Year | 2018 |
Getting insurance with a disability
Case | A Service User v. Service Providers |
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Topic | The Commission provided legal representation to an insurance customer in a disability discrimination case, relating to a chronic illness, under the ESA against a number of public and private service providers. |
Outcome | The matter was settled to the satisfaction of all parties in April 2017. |
Law | ESA |
Year | 2017 |
Search database for more case studies
What's next?
Make a complaint to the Workplace Relations Commission
The Workplace Relations Commission (WRC) is the body that hears discrimination complaints under Ireland’s equality laws. The WRC deals with both employment and service/goods related claims. There is no fee to bring a case to the WRC and complaints can be made online.
Learn more about the WRC process
Contact us
We, the Irish Human Rights and Equality Commission, have a statutory role to fight discrimination and provide information on equality and human rights in Ireland. Please note however that we are not a court and we do not decide on discrimination claims.
Learn more about how to contact us
Contact another organisation
You may find that another organisation could better help you with your issue.
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Employment rights / Equal treatment in services
Workplace Relations Commission
Information and Customer Services (ICS), formerly known as Workplace Relations Customer Services, is responsible for the provision of information relating to employment rights, equality and industrial relations matters by means of a telephone call-in service manned by experienced Information OfficersInformation and Customer Services
Workplace Relations Commission
O’Brien Road
Carlow
R93 E920
Phone: 059 9178990 | Lo-call: 1890 80 80 90 * (09.30 - 17.00, Monday to Friday)
Web: https://www.workplacerelations.ie/en/contact_us/contact-details/
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Social welfare information
Department of Employment Affairs and Social Protection
The Department of Employment Affairs and Social Protection's role is to promote a caring society through ensuring access to income support and other services, enabling active participation, promoting social inclusion and supporting families. Please find below a list of contact numbers for services: - DSP Income Support Helpline for people impacted by COVID-19. Tel: 1890 800 024 – Information Services – Tel: 1890 66 22 44 – Free Travel, Household Benefits, State Pension, Domiciliary Care, Widow(er)s Pension, Widowed Parent Grant, Blind Persons Pension - Tel: 1890 500 000 – Carer's Allowance, Carer's Benefit, Disability Allowance, Disablement Benefit, Invalidity Pension, Bereavement Grant - Tel: 1890 927 770 – Supplementary Welfare Allowance - Tel: 071 9157100 – Homemakers - Tel: 1890 690 690 – Respite Care Grant – Tel: 01 6732222 – Illness Benefit, Injury Benefit, Medical Care – Tel: 1890 928 400Áras Mhic Dhiarmada,
Store Street,
Dublin 1
Information Services
College Road,
Sligo
LoCall: 1890 66 22 44
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Social welfare appeals
Social Welfare Appeals Office
The Social Welfare Appeals Office operates independently of the Department of Social Protection. It aims to provide an independent, accessible and fair appeals service with regard to entitlement to social welfare payments and to deliver that service in a prompt and courteous manner. The main role of the Social Welfare Appeals Office is to provide a fair and independent appeals procedure where a person is dissatisfied with a decision given under the Social Welfare Acts by a Deciding Officer or a Designated Person about their entitlement to social welfare payments or the insurability of their employment.Social Welfare Appeals Office D'Olier House,
D'Olier Street,
Dublin 2
D02 XY31 -
Unfair treatment by a public body
Office of the Ombudsman
The Office of the Ombudsman examines complaints about the administrative actions of Government Departments; the Health Service Executive; local authorities and various other State agencies. Complaints can be made in relation to a wide range of issues, such as entitlement to public services, taxation, housing, education and social welfare.Office of the Ombudsman
18 Lower Leeson Street
Dublin 2
D02 HE97 -
State pensions
Department of Social Protection
For information on State pensions contact the Department of Social Protection.Department of Social Protection
College Road
Sligo
F91 T384
Phone: LoCall: 1890 500 000
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Disability rights
National Disability Authority
The National Disability Authority (NDA) is the independent statutory body that provides information and advice to the Government on policy and practice relevant to the lives of persons with disabilities.25 Clyde Rd
Ballsbridge
Dublin, D04 E409 -
Disability rights
Disability Federation of Ireland
DFI's vision is an Ireland where people with disabilities and disabling conditions are fully included and enabled to reach their full potential.Fumbally Court
Fumbally Ln
The Liberties
Dublin 8Phone: (01) 454 7978
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Rights of people with disabilities
National Advocacy Service for People with Disabilities
The National Advocacy Service (NAS) provides an independent, confidential and free, representative advocacy service. NAS has a particular remit for people with disabilities who are isolated from their community and services, have communication differences, are inappropriately accommodated, live in residential services, attend day services and have limited informal or natural supports. For more information, you can access the NAS website at the following link: National Advocacy Service for People with DisabilitiesNational Advocacy Service for People with Disabilities
National Office,
C/O Citizens Information Board
George's Quay House
43 Townsend Street
Dublin 2
D02 VK65Email: info@advocacy.ie
Phone: 0761 07 3000
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Intellectual disability
Inclusion Ireland
Inclusion Ireland champions the rights of people with an intellectual disability in Ireland through securing the full implementation of the United Nations Convention on the Rights of People with Disabilities (UNCRPD).Inclusion Ireland
Unit C2, The Steelworks,
Foley Street,
Dublin 1 -
Independent living for people with disabilities
Independent Living Movement
Independent Living Movement aims to ensure that disabled people achieve Independent Living Choice and control over their lives and full Participation in society as equal citizens.Independent Living Movement,
Carmichael House, Brunswick St N,
Dublin 7 -
Children with special educational needs
National Council for Special Education
The National Council for Special Education (NCSE) was set up to improve the delivery of education services to persons with special educational needs arising from disabilities with particular emphasis on children. The Council was first established as an independent statutory body by order of the Minister for Education and Science in December 2003. For more information, you may wish to access the following link: Contact the NCSE.National Council for Special Education
1-2 Mill St
Trim
Co MeathPhone: 046 948 6400 (General line) | 046 948 6432 (Local NSCE services)
Web: www.ncse.ie
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Vulnerable adults, older people and healthcare patients
Sage Advocacy
Sage Advocacy is a support and advocacy service for vulnerable adults, older people and healthcare patients,Sage Advocacy
24-26 Upper Ormond Quay
Dublin
D07 DAV9
(01) 536 7330 -
Older people
Age Action Ireland
Age Action supports and advocates for equality and human rights for older people in Ireland.Age Action Ireland
10 Gratton Crescent
Dublin 8
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Rights and welfare of children
Ombudsman for Children’s Office
The Ombudsman for Children may investigate a complaint made by a child, a family member, or a professional, who has dealings with the child. The bodies that may be investigated by the Ombudsman for Children include Government Departments, the HSE, schools, and public hospitals.Ombudsman for Children’s Office
Millennium House
52-56 Great Strand Street
Dublin 1 -
Standards in health and social care services
The Health Information and Quality Authority (HIQA)
The Health Information and Quality Authority is an independent authority established to drive high-quality and safe care for people using our health and social care services in Ireland. HIQA’s mandate to date extends across a specified range of public, private and voluntary sector services. Reporting to the Minister for Health and the Minister for Children and Youth Affairs, HIQA’s role is to develop standards, inspect and review health and social care services and support informed decisions on how services are delivered.Head office
Unit 1301,
City Gate,
Mahon,
Cork,
T12 Y2XT
Phone: (021) 240 9300
Regional office
George's Court,
George's Lane
Dublin 7,
D07 E98Y
Phone: (01) 814 7400Email: info@hiqa.ie
Web: https://www.hiqa.ie/
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Child protection
Tusla Child and Family Agency
The Child and Family Agency is the dedicated State agency responsible for improving wellbeing and outcomes for children. The Agency operates under the Child and Family Agency Act 2013, a progressive piece of legislation with children at its heart and families viewed as the foundation of a strong healthy community where children can flourish. Partnership and co-operation in the delivery of seamless services to children and families are also central to the Act.Tusla Child and Family Agency,
The Brunel Building,
Heuston South Quarter,
Saint John's Road West,
Dublin 8.
D08 X01F -
Practices by a GP
Medical Council
The Medical Council regulates medical doctors in the Republic of Ireland. The Council's purpose is to protect the public by promoting and better ensuring high standards of professional conduct and professional education, training and competence among doctors. The Medical Council handles complaints relating to a doctor's fitness to practice medicine.Medical Council
Kingram House
Kingram Place
Dublin 2
D02 XY88Phone: +353 1 4983100
Web: https://www.medicalcouncil.ie/Public-Information/Making-a-Complaint-/Making-a-Complaint.html
Fax: +353 1 4983102
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Personal injury compensation
Personal Injuries Assessment Board
The Personal Injuries Assessment Board (PIAB) is Ireland’s independent state body which assesses personal injury compensation. The Personal Injuries Assessment Board aim is to facilitate a fair and transparent personal injuries assessment process in which claims are resolved at a low delivery cost and in a timely and non-adversarial manner and to engage with all parties and stakeholders in the claims resolution process in a straight-forward and efficient way.Personal Injuries Assessment Board
PO Box 8
Clonakilty
C. Cork P85 YH98
Fax: 1890 829 122Email: enquiries@injuriesboard.ie
Phone: 1890 829 121
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Consumer and competition rights
Competition and Consumer Protection Commission
The Competition and Consumer Protection Commission is the statutory body responsible for enforcing consumer protection and competition law in Ireland.Competition and Consumer Protection Commission
Bloom House
Railway Street
Dublin 1
D01 C576Phone: 1890 432 432
Web: https://www.ccpc.ie
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Declined insurance
Declined Insurance Cases of Insurance Ireland
By way of information, even if a person has been refused cover, they are entitled to go to the Declined Cases Committee of Insurance Ireland who will obtain an insurance quotation for them. In order for the Committee to consider a person’s case, they must first have sought and been refused quotations in writing from at least three insurers.Declined Insurance Cases of Insurance Ireland
Insurance Centre
5 Harbourmaster Place
IFSC
Dublin 1
DO1 E7E8
IrelandEmail: declined@insuranceireland.eu
Phone: (01) 676 1820
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Legal advice
Free Legal Advice Centres
The Free Legal Advice Centre (FLAC) provide confidential, basic legal advice for free and in person across all areas of law. FLAC offers a network of advice clinics around Ireland and you may be able to identify the most suitable one at the following link: Legal Advice Clinic.Free Legal Advice Centres,
13 Lower Dorset Street,
Dublin 1,
Ireland
Phone: Lo-Call: 1890 350 250
Web: https://www.flac.ie/
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Legal aid
The Legal Aid Board
The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means. Legal advice is any oral or written advice given by a solicitor or barrister, including writing letters and negotiations. Legal aid is representation by a solicitor or barrister in court proceedings. The Legal Aid Board has a number of centers across the country, and the best way to find the one most convenient to you is to contact the Legal Aid Board directly.
Browse the database of organisations working on human rights and equality issues in Ireland.