HRLA Bursary Report 2012
Sarah Booth
The AIRE Centre, London
Motivation
As a graduate of Scots law, and subsequently obtaining a Masters in Human Rights Law from
the University of Essex, I wanted to gain experience in a legal field which would be directly
relevant to a future traineeship with a law firm. Competition for traineeships in Scotland is
fierce, with opportunities in human rights and welfare law particularly scarce. Indeed, as the
majority of human rights related organisations are based in London, it is frankly very difficult
to find structured, legal internships in Scotland. The one or two volunteering opportunities
that exist in law centres are inundated with applications, and so are able to choose only the
most experienced applicants.
Because of my desire to find substantive legal work I applied to the AIRE Centre in London,
whose reputation in human rights circles, particularly amongst Essex alumni, marks it out as
one of the most respected organisations in its field, especially for its successful European
Convention on Human Rights (ECHR) litigation, and for its stimulating and popular
internship programme. I successfully applied to the AIRE Centre, and for the HRLA bursary,
without which I would not have been able to take up the placement.
The internship
Just a week after my phone interview, I left the weel kent streets of Glasgow and (after an
excruciating 9-hour Megabus trip) arrived in London with only a backpack, a friend's
promise of a floor to sleep on until I found my feet, and bundles of enthusiasm.
The AIRE Centre (short for Advice on Individual Rights in Europe) is a small law centre
tucked away on the attic floor of a building 5 minutes’ walk from Holborn tube station. The
low ceilings and cosy rooms edged on each side with bookshelves crammed with books gives
the place a homely and unassuming atmosphere. Desks and people are crammed into every
available space, a sure sign of an efficient charity running on a shoestring budget. On closer
inspection, a few prestigious legal works are used daily – to prop the windows open! The
folders lining the walls are awe-inspiring:- well-known names to anyone with a basic
knowledge of human rights law: Chahal v UK, NA v UK, Osman v UK, Chagos Islanders…
to name a few - all cases in which the AIRE Centre has been involved in some way or other
since the founding of the organisation over 20 years ago. The AIRE Centre has acted as
representatives in many cases at the European Court of Human Rights, as well as submitting
third-party interventions, and collaborating with other NGOs and law chambers to bring cases
to the European Court of Human Rights. Many of these cases focused on the right to liberty
and the right to private and family life, particularly in relation to migration matters.
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While the AIRE Centre is largely known for its ECHR litigation, in fact it runs a variety of
projects aimed at assisting and advocating for vulnerable groups, particularly victims of
human trafficking and domestic violence, migrants, and low-income families. These projects
include the provision of free legal advice on EU rights as well as representation at welfare
tribunals, collaborating on research projects and publications, training NGOs and lawyers,
and promoting access to justice in Europe. The AIRE Centre also uses its research to lobby at
UK and EU level to promote better understanding and implementation of EU and human
rights law.
I had the opportunity to contribute to the AIRE Centre’s work mostly by providing legal
advice to vulnerable individuals, by researching and preparing advice for over 30 cases
involving complex issues under EU law. There is a constant stream of individuals and third
sector advisers who contact the AIRE Centre with a variety of questions and problems
regarding the right to reside in the UK, and related issues such as access to benefits and
healthcare. As an intern, I worked with the clients to establish the facts and circumstances of
each case, gathering information and researching the client’s rights under the pertinent
legislation. This might mean, for example, advising a victim of domestic violence of her and
her children’s rights to stay in the UK, and their rights to access shelter and benefits after
fleeing an abusive partner; or advising a destitute family about which benefits they were
entitled to. Occasionally, the casework included appealing decisions by the Department of
Work and Pensions not to award clients benefits, and making representations to benefits
tribunals. In one case I was able to assist an AIRE Centre solicitor at a tribunal where we
successfully argued that an elderly disabled man, who had been forced to stop work due to an
accident he sustained in the workplace, was entitled to sickness benefits which would lift him
out of destitution. As I discovered, each client’s situation was unique, and uniquely complex!
Navigating EU freedom of movement law was challenging, particularly as UK law is in
constant flux, with new case law and legal provisions produced on an almost daily basis. This
is not helped by the fact that the UK’s interpretation of EU law provisions can sometimes be
at odds with EU legislative intention, with the UK Government and governmental bodies
acting in flagrant disregard of EU law. Unfortunately, as the AIRE Centre is a small law
centre, there are limits to what it can do to combat this. However, the Centre raises these
discrepancies regularly with the European Commission in the hope that the Commission will
take concrete steps to persuade the UK to rectify its departures from obligations under EU
law.
The AIRE Centre also contributes to policy through submissions to EU bodies and the UK
Government, and by developing jurisprudence in a positive way through its strategic
litigation in UK benefits tribunals and the European Court of Human Rights. This type of
advocacy is particularly important in light of recent reforms to the European Court and
proposals to draft a new ‘British’ Bill of Rights. With the Government’s increasingly inwardlooking policies, as well as the media’s efforts to chip away at public opinion through
shameless misrepresentation, it seems that without strong messages from civil society, human
rights protection in the UK is at risk of erosion as never before. Fortunately, the AIRE Centre
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does not shy away from controversial and unpopular issues, and stands up for the rights of the
most vulnerable and disenfranchised groups in the UK.
The advocacy and casework that the staff and interns produce is invaluable in today’s climate
of calamitous welfare reforms, when access to justice and representation is becoming
increasingly difficult for those with limited financial resources, particularly in light of cuts to
legal aid, and because of the difficulties many charities are facing in their attempts to support
the most vulnerable in our society. Helping families access the services and benefits they are
entitled to provides immeasurable social benefits: reducing destitution, homelessness and
child poverty; empowering victims of domestic abuse and human trafficking, and giving
them a means to support themselves away from their abusers; helping people into
employment; and keeping families together.
While at the AIRE Centre I also had the opportunity to contribute to other projects, such as
helping to organise a conference for lawyers and NGOs on ‘Human Trafficking and the Law’
in Edinburgh, where I was able to put my local knowledge and contacts in the NGO sector to
good use in ensuring the conference was well-publicised and well-attended. An important
part of AIRE Centre’s work is building capacity amongst third sector organisations and
individuals working in the legal field, by providing training on EU law and human rights
even as far afield as the Balkans. My greatest personal achievement however was to be able
to work on some European Court of Human Rights litigation – preparing a letter of
introduction and digging out my rusty German to translate a statement of fact from a victim
of trafficking into English.
As well as navigating some of the many legal technicalities of EU law and learning about the
wider policy issues for migrants, I was able to use my previous theoretical knowledge to
practical effect, develop my legal research and reasoning skills, and gain experience
preparing cases. But more than that, I also learned a huge amount about the functioning of a
law office, as all administrative duties were shared among staff and interns alike. It was also
refreshing to be given responsibility for managing cases and building relationships with
clients (and not just being a glorified photocopier!) – uncommon for trainees in some law
firms. The staff’s passion for the work was both inspiring and humbling, and their warmth
and humour made me feel at home in the ‘AIRE family’. The mix of staff and interns and
languages gives the AIRE Centre a very international feel. The interns I worked with came
from a variety of different countries and backgrounds and brought a wealth of knowledge and
good spirits (and sweet treats!) to the office. It was a privilege and an honour to work with
and learn from them all, and I would wholeheartedly recommend this internship to other
prospective applicants!
And I didn’t just learn how to navigate the law; but also how to navigate London - visiting
museums, galleries, parks, and all the usual tourist haunts. The experience was also an
education in unscrupulous London landlords, substandard accommodation and extortionate
rents. I struggled with the tide of commuters on the tube at rush hour and in my naïveté did
the unthinkable – attempted to strike up a conversation with a fellow commuter! What a
difference from our wee Glasgow subway with its circular route of only 15 stops, its low
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ceilings (difficult for commuters over 6ft tall), and its friendly faces! I also experienced firsthand the unpleasantness of English Defence League marches, and the oppressive summer
heat (though I cannot really complain, it was a tropical holiday in comparison to a Scottish
summer!). Despite these eye-openers, the whole experience was definitely a very positive
one. I had the opportunity to experience the buzz of Olympic fever, several free festivals and
live music events, and a profusion of food from around the world. There was also a wealth of
free human rights events run by law chambers and civil society, including seminars organised
by the HRLA - and a of course a great bunch of interns to share all these experiences with!
The future
As a direct consequence of working at the AIRE Centre, on my return to Scotland I started a
job as a Housing Adviser with a homelessness charity where I am able to deepen my
understanding of welfare law and defend evictions in court. The knowledge and experience
my internship equipped me with has ensured I am much better-placed to secure a traineeship
and qualify as a solicitor. In the short term, the money I have been able to save will enable
me to fund the Diploma in Legal Practice at Glasgow University starting in September, and
so I am many steps closer to a career in human rights law.
Law graduates such as myself face an uncertain future: struggling to find elusive training
contracts and fund the increasingly necessary string of internships to equip us for the
workplace. However, the passion and dedication of organisations running dynamic and
stimulating internships, and the kindness and generosity of the HRLA in funding these, are
invaluable in helping young people turn their dreams into reality. The opportunity the HRLA
gave me has been life-changing, and for that I am truly grateful.
Sarah Booth
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