Download - Neighbour disputes

July 2015

neighbourdisputes

FLAC Neighbour Disputes FINAL RUN_Layout 1 30/06/2015 02:22

In this leaflet we are going to look at stepsyou can take if you find yourself living nextdoor to a noisy neighbour or a neighbourwho behaves in an anti-social manner.

In most cases, making a complaint about anoisy neighbour is a civil matter as opposed toa criminal matter and there is no need for theinvolvement of the Gardaí. However, if thenoise goes beyond being an annoyance andthe neighbour’s behaviour causes fear, danger,injury or loss, then it becomes ‘anti-socialbehaviour’. There are a wider range ofremedies available if this is the case. What youcan do to stop anti-social behaviour dependson whether your neighbour owns his or herown home, is a tenant under the ResidentialTenancies Act 2004 or is living in LocalAuthority Housing. In all of these cases, it isthe responsibility of the person making thecomplaint to seek help and to resolve thematter before resorting to a formal process. Insome cases, you will be asked to prove thatyou have done this, so keep a record of anyengagement with neighbours or landlordswith this in mind.

First we will look at noise as a nuisance.

When does noise become a nuisance?

Noise that is “...so loud, socontinuous, so repeated, of suchduration or pitch or occurring atsuch times as to give reasonablecause for annoyance...” can beclassified as nuisance and you

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S108 ofEnvironmentalProtectionAgency Act1992

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have a right to complain. There are nomaximum noise levels set out in legislation inIreland.

A general note regarding criminal actions:

In some situations, matters may escalatebetween neighbours such that you feel that acriminal sanction is needed, whereby youspeak to the Gardaí. In this case, threedifferent laws may apply. However, youshould consider carefully before taking thisroute and we lay out other options for specificcircumstances in this leaflet.

l Under Section 10 of Non Fatal OffencesAgainst the Person Act 1997, any personwho harasses another by persistentlyfollowing watching, pestering, besettingor communicating with him or her shall beguilty of an offence.

l Under Sections 5 and 6 of the CriminalJustice (Public Order) Act 1994, peoplewho are making noise out on the publicroadway between midnight and 7am, or atany other time after having been asked tostop by a Garda, may be guilty of anoffence. It can also be an offence for aperson in a public place to use threateningor abusive words with intent to provoke abreach of the peace.

l Sections 113, 114 and 115 of the CriminalJustice Act 2006 covers Anti-SocialBehaviour Order (see details below).


A. NOISY NEIGHBOURS

What can I do if I have noisy neighbours?

If you are suffering distress from living nextdoor to people who make noise, play loudmusic or have regular parties, there arecertain steps you can take:

1 You should first talk to your neighbourabout the noise and loud music andexplain how it is affecting your family –keep a note of these discussions (date,content, and so on).

2 Keep a noise diary, detailing the time, dateand nature of the noise, how long it lastedand the effect it has had on you, such asan inability to sleep or difficulty doingyour job due to tiredness.

3 You could obtain a report from anengineer who measures noise and sound asevidence of disturbance. This is generallystrong evidence supporting a complaint,but does involve an additional cost.

4 You can write to your neighbour, settingout details of the noise and how it isaffecting you. It is a good idea to suggestmediation and/or legal action if the mattercannot be resolved – remember you shouldkeep copies of all correspondence withyour neighbour.

5 Any complaints of a serious, anti-social orcriminal nature should be reported to theGardaí in the first instance to ensure arecord is kept.

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What should I do if the noise continues?

If attempts to resolve thecomplaint with your neighbourare unsuccessful, you may bring acase to the District Court under.This is done by going to theDistrict Court Office and advisingthe Clerk that you wish to make a complaintin relation to noise. The Clerk will provide youwith a form called a ‘Notice of Intention tomake a Complaint’.

You are not required to have a solicitor rep -resent you in Court – you can represent your -self. The cost of bringing this application is €22.

You will then have to serve your neighbourwith a copy of the Notice of Intention tomake the Complaint at least seven daysbefore the court date. The Notice must beserved by you on your neighbour eitherpersonally or by registered post. You also haveto complete a Statutory Declaration of Service(of the Notice) and return it to the DistrictCourt at least four days prior to the courtdate. A Statutory Declaration of Service is astatement sworn before a PeaceCommissioner, Commissioner for Oaths orSolicitor setting out how the Notice wasserved – whether it was served by registeredpost or personal service.

What is the first thing that happens incourt?

The judge may decide to hear a brief summaryof the case and adjourn (postpone) it for a

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Section 108 of theEnvironmentalProtectionAgency Act1992


period to allow the parties to enter intomediation in an attempt to resolve the matter.

What is mediation?

In mediation, an impartial third person (themediator) manages negotiations between theparties in a neutral way. The aim is to help thepeople involved in a dispute to reach anagreement that is acceptable to both sides.The mediator acts as a "go-between" to helpre-open channels of communication andbroker agreement. Mediation can be a time-saving and cost-effective alternative to legalaction. Ballymun Community Law Centre (Tel:01 862 5805) provides a mediation service forpeople living in the Ballymun area.Community Law and Mediation, based inNorthside Civic Centre, (tel: 01 848 2988)provides a mediation service which is availableto people countrywide as well as a branch inLimerick city (Tel: 061 536 100). You can alsoavail of private mediation services where youpay by the hour.

What happens if mediation fails?

If mediation fails, the case goes back beforethe judge for a full hearing.

What is required for the court hearing?

l You will need to give a detaileddescription of the noise – this is whykeeping an accurate noise diary is soimportant.

l You should be able to give details of allcommunications with your neighbourregarding the noise. You should have a

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copy of any letters you sent yourneighbour explaining how the noise hasaffected you, as well as a note of anyverbal discussions.

l If you have one, you should provide a copyof the engineer’s report or have theengineer attend court to give evidence.

What will the court do?

The judge will hear both sides of the case,along with any professional witnesses, such asthe engineer. If the judge finds in your favour,he/she can order your neighbour to reducethe noise to a specified level, to limit it tospecified times or to stop it altogether.

What happens if my neighbour ignores thecourt order and continues with the noise?

Any person who does not obey the CourtOrder is guilty of an offence. However aprivate citizen cannot bring a case before thecourts that may result in a criminal sanctionon a fellow citizen. The criminal prosecutionwill need to be brought by the EnvironmentProtection Agency. If the problem iscontinuing for you, you should contact yourlocal authority.

Noisy Commercial Premises

I live near a very noisy commercial premi -ses or construction site – what can I do?

l You should first contact the personresponsible for the noise and explain howthe noise is affecting you. You can contactyour Local Authority, it may consider


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serving a notice for the prevention orlimitation of the noise coming from theindustrial or commercial sources. You couldalso talk to other residents in the area tosee if they have similar concerns andwhether they want to join in thecomplaint.

l Contact the EnvironmentalProtection Agency – if alicence is required for theactivity, the Agency canrequire the noise-makers totake specific measures to prevent or limitthe noise.

l You should check the Planning Register bygoing to the Planning Section of your LocalAuthority. The law provides that a PlanningAuthority may attach specific conditions inrespect of noise to the planning permissionfor a development. The conditions mayinclude restrictions on the times whenconstruction work can be done.

l You can also make a formal complaint tothe District Court under the EnvironmentalProtection Agency Act (see page 5).

I am living next door to a noisy pub andthere is noise and drunken behaviourfrom its customers out on the street.What steps can I take?

l Talk to the pub owner about how thenoise is affecting you and keep a record ofconversations between you and the pubowner.

Section 34,Planning &DevelopmentAct 2000


l Keep a noise diary.

l Write to the pub owner outlining thespecific problems and requesting asolution.

l If the noise continues, you can use theEnvironmental Protection Agency Act asoutlined above.

l In addition, you can object to the renewal of the IntoxicatingLiquor Licence at the annuallicensing court.

l Specifically in relation to thenoise out on the street, youcan make a complaint to theGardaí. This might benecessary if people are beingdrunk or disorderly in a publicplace or being threatening orabusive or causing obstruction.

l In the same respect, theGardaí can also impose a fixedcharge fine for disorderlyconduct in a public placeinstead of court proceedings. The amountof the fixed charge, currently €140, is setby Regulations. In order to have theoffence treated as a fixed charge offence,the person being charged must give his/hername and address to the Garda. If not,he/she may be arrested without warrantand convicted of a summary offence, forwhich the maximum penalty is a class Cfine (that is, not exceeding €2,500). If the

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Section 4 (6)of Courts(No 2) Act1986

Sections 4, 5,6, 7, 8 & 9 ofCriminalJustice (Public Order)Act 1994

Section 23Aof CriminalJustice(Public Order)Act 1994


Gardaí choose to treat the matter as afixed-charge offence, they may servenotice on the person being charged thathe/she will not be charged if a statedamount is paid within 28 days.

Nuisance Caused By Barking Dogs

What can you do if your neighbour has a dogthat is constantly barking?

l You should talk to yourneighbour and explain theeffects the barking dog ishaving on you.

l Keep a noise nuisance diary – record thetime, dates and level of noise.

l Write to your neighbour explaining thatthe barking is interfering with your sleepand peaceful enjoyment of your property.You can state in the letter that if thebarking con tin ues you will have to takelegal action.

l Go to your local District Court Office andobtain a Notice of Intention to make aCom plaint. The stamp duty on this Noticeof Intention to make a Complaint iscurrently €22.

l Serve Notice of Intention to make aComplaint on your neighbour. This willhave a court date for hearing.

l Serve Witness Summons on witnesses ifnecessary.

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Section 25of Controlof Dogs Act1986


l When you attend the District Court, youshould bring all written correspondence aswell as your noise nuisance diary.

In court, the judge can:

a Order the occupier of the premises inwhich the dog is kept to reduce or stop thenoise nuisance by exercising due controlover the dog.

b Make an order limiting for a specifiedperiod the number of dogs to be kept bythe Respondent on his or her premises.

c Direct that the dog be delivered to a dogwarden to be dealt with in accordancewith the provisions of the Control of DogsAct 1986 as if the dog were a stray.

B. ANTI-SOCIAL BEHAVIOUR

How can I tell if my neighbour isbehaving in an anti-social manner?

Anti-social behaviour can be defined in threedifferent categories of legislation. You willneed to decide which category applies to yourneighbour to decide which avenue to pursue:

i Where your neighbour is livingin a private dwelling that heor she owns.

ii Where your neighbour is atenant in a private residentialproperty;

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Section 113,Criminal JusticeAct 2006

ResidentialTenancies Act2004


iii Where your neighbour is inlocal authority housing andyou are also living in localauthority housing.

1. Anti-social behaviour in privatelyowned accommodation

What can I do if my neighbour lives in aprivate dwelling and is behaving in ananti-social manner?

By law a person behaves in an anti-socialmanner if he or she causes, or is likely tocause, to one or more persons not living withhim or her —

a Harassment,

b Significant or persistent alarm, distress,fear or intimidation or

c Significant or persistent impairment oftheir use or enjoyment of their property

If anti-social behaviour occurs asdefined in this Act, the Gardaímay issue a behaviour warning tothe anti-social person. This can beissued verbally or in writing, but if issuedverbally it should be recorded in writing assoon as reasonably practicable. The behaviourwarning or the written notice will need to beserved on the person; it will need to givedetails of the anti-social behaviour anddemand that the person stop the behaviour.

A behaviour warning will remain in force for 3months. The notice must specify that failureto stop may result in an application to the

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Section 114,CriminalJustice Act2006

Housing(Miscellaneous Provisions)Act 1997 and2014


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District Court for a Civil Order, also called anASBO (Anti-Social Behaviour Order).

What is a Civil Order?

A civil order is an anti-socialbehaviour order or ASBO made bythe District Court. Before makingan application for a civil order, atleast one of the two following conditionsmust be met:-

l The person has already been issued with abehaviour warning and has not compliedwith one or more of the demandsstipulated in that warning.

l The person has been issued with three ormore behaviour warnings in less than 6consecutive months. A civil order willremain in force for 2 years unless a shorterperiod is ordered by the court.

What other options might I have?

l Bring a civil case for noise tothe District Court (see above under ‘Noisyneighbours’).

l If your neighbour is harassingyou, you can make a complaintto the Gardaí under the Non-Fatal Offences Against thePerson Act. This states that anyperson who harasses anotherby persist ently following, watch -ing, pestering, besetting or

Section 108 ofEnviron mentalPro tec tionAgency Act1992

Section 10 ofNon-FatalOffencesAgainst thePerson Act1997

Section 115,CriminalJustice Act2006


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communicating with him or her shall beguilty of an offence.

l If people are making noise onthe public roadway betweenmidnight and 7am or at anyother time after having beenasked to stop by a Garda, youcan make a complaint to theGardai It can also be an offence for a personin a public place to use threatening orabusive words with intent to provoke abreach of the peace.

l If the property is in a multi-let complex,and you are unable to resolve thecomplaint with your neighbour, you shouldmake your complaint to the ManagementCompany which has a lease with theowner of each unit. Under the terms of thelease, the owner will generally have tocomply with the obligations regardingnoise and anti-social behaviour.

2. Anti-social behaviour in privatelyrented accommodation

What law applies if my neighbours aretenants in private rented accommodationand engage in anti-social behaviour?

‘Private rented accommodation’means accommodation that isrented out under a privateagreement between a landlordand a tenant. The ResidentialTenancies Act 2004 establishedthe Private Residential Tenancies

Sections 5 &6 of CriminalJustice(Public Order)Act 1994

Sections 15,16 (h) 17(1)(a) (b) (c), 67& 77 ofResidentialTenancies Act2004


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Board (PRTB) in September 2004. The PRTB haspowers to deal with anti-social behaviour.

l Section 15 states that there is a duty on alandlord to enforce the obligations of thetenants.

l A neighbour can seek to enforce this dutythrough the PRTB. The case will be heardby an independent adjudicator who canalso award damages for distress caused bythe landlord’s failure to enforce theseobligations.

l Section 16 (h) states that tenants or theirvisitors must not behave in a way that isanti-social.

l Section 17 states that to behave in a waythat is anti-social means to act in a waythat:-

a results in the commission of an offencewhich would affect the welfare ofothers.

b would cause fear, danger, injury,damage or loss to any person living inthe place concerned or its vicinity –examples of which include violence,intimidation, coercion, harassment orthreats to any such person.

c interferes with the peaceful occupationof any person living in the residence, inthe vicinity of the residence or in theproperty containing the residence.


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What steps can I take if my neighboursare tenants in private rented accom moda -tion and engage in anti-social behaviour?

l You must make an effort to resolve thematter with the tenant and his or herlandlord before you go the PRTB. You willhave to provide evidence that you havedone this, so keep a written note of anyverbal discussions, and copies of any lettersor emails sent.

l Keep a written log detailing the timelineof disturbances: The date, time and natureof the noise on each occasion that it isdisruptive, how long it lasted and theeffect it has had on you, such as inabilityto sleep and/or difficulty in concentratingat work as a result of tiredness.

l You should write a letter to yourneighbours setting out details of the noiseand how it is affecting you. Your letter cansuggest that you will have to contact thelandlord and take legal action if thematter cannot be resolved – remember tokeep copies of all corres pond ence.

l Contact the landlord. The lawrequires a landlord to enforcethe obligations of a tenant.This includes not behaving in away which is anti-social.

l If the landlord does not takesteps to enforce thisobligation, any person that isaffected by tenants engaging in anti-socialbehaviour can bring a complaint to the

Sections 15 &16, ResidentialTenancies Act2004

Section 77 ofRTA 2004


PRTB. The application form is available todownload from the PRTB website.

l The PRTB may provide thecontact details of the landlord.If the tenancy is notregistered, the PRTB can take anenforcement action against the landlordcompelling its registration.

l If you are a landlord withtenants engaging in seriousanti-social behaviour, youshould be aware that you can terminatetheir tenancy by serving a notice oftermination, giving the tenant 7 days’notice.

l Make a complaint to theGardaí. They will issue awarning followed by a CivilOrder (ASBO) (see page 13).

l Bring a civil case for noise tothe District Court (see aboveon page 5).

l If your neighbour is harassingyou, you can make acomplaint to the Gardaí underthe Non-Fatal OffencesAgainst the Person Act. Thisstates that any person whoharasses another by persistently following,watching, pestering, besetting orcommunicating with him or her shall beguilty of an offence.

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Section 77 (3)of RTA 2004

Section 67 (2)(a) RTA 2004

Section 108of EPA 1992


Sections 113,114, 115, ofCriminalJustice Act2006


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l If people are making noise onthe public roadway betweenmidnight and 7am or at anyother time after having beenasked to stop by a member ofthe Gardaí, you can make acomplaint to the Gardai underthe Criminal Justice (Public Order) Act. Itcan also be an offence for a person in apublic place to use threatening or abusivewords with intent to provoke a breach ofthe peace.

l If the property is in a multi-let complex,and you are unable to resolve thecomplaint with the neighbour, you shouldmake your complaint to the ManagementCompany which has a lease with theowner of each unit. Under the terms of thelease, the owner will generally have tocomply with the obligations regardingnoise and anti-social behaviour and ensurethat their tenants comply with theseobligations.

3. Anti-Social Behaviour in LocalAuthority Housing

What is viewed as anti-social behaviourin local authority housing?

Under law, anti-social behaviour in localauthority housing includes either or both ofthe following sets of behaviours:

a The manufacture, production, preparation,importation, exportation, sale, supply,

Sections 5 &6 of CriminalJustice (PublicOrder) Act1994


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possession for the purposes of sale orsupply, or distribution of a controlled drug.

b Any behaviour which causes oris likely to cause significant orpersistent danger, injury,damage, alarm, loss or fear toanyone living, working, orotherwise lawfully in or in thevicinity of a house provided by ahousing authority (see laws inpanel on right) or a housingestate in which the house issituated.

This includes —

i Violence, threats, intimidation,coercion, harassment or seriousobstruction of any person,

ii Behaviour which causes any significantor persistent impairment of a person’suse or enjoyment of his or her home, or

iii Damage to or defacement by writingor other marks of any property,including a person’s home.

As a local authority tenant, what can I doif my neighbour is engaging in anti-socialbehaviour?

You should talk to your neighbour about theproblem and explain how it is affecting you –keep a note of these discussions. You can also:

1 Keep a noise diary, detailing the time, dateand nature of the noise, how long it lastedand the effect it has had on you.

Housing Acts1966 - 2014or Part V ofPlanning andDevelopmentAct 2000)


Write to your neighbours setting out detailsof the noise and how it is affecting you. Yourletter should suggest mediation, making acomplaint to the Local Authority and takinglegal action if the matter cannot be resolved –you should keep all copies of correspondencesent to your neighbour.

What are some additional steps / possiblesolutions?

1 Contact the Estate Manager (if there isone) with your complaint.

2 Write to the Local Authority advising ofthe problem and request a copy of itspolicy for dealing with anti-socialbehaviour. Local Authorities have specificpowers to evict a person who is engagingin anti-social behaviour:

l A housing authority may issuea tenancy warning to a tenantwhere, in the opinion of theauthority, the tenant or amember of his or herhousehold has breached a specified termof the tenancy agreement.

l If the breach continues during, or isrepeated within, 12 months of the tenancywarning coming into effect, then theauthority may either:

‘ Apply to have the local authoritytenant evicted; or

‘ Where appropriate, apply to theDistrict Court for an Excluding Orderagainst the household member whocaused that breach (see below).

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Section 7 ofHousing(MiscellaneousProvisions) Act2014


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Any person who is served with a summons forrepossession of their home by the localauthority should get legal advice as a matterof urgency.

3 Look into the possibility ofapplying to the District Courtfor an Excluding Order. AnExcluding Order is a courtorder excluding a tenant,resident or visitor from a parti -cular house and sometimes thestreet or neigh bour hood where the houseis situa ted.

Excluding Orders relate to local authorityhousing only. An Order can also prohibitthe offending person from causing orattempting to cause any intimidation,coercion, harass ment, or obstruction orthreat to or inter ference with the tenantor any other occupant of any houseconcerned.

In some situations where there is animmedi ate risk of harm to a tenant orother occupant in a house, a Judge cangrant a temporary Interim Excluding Orderwhilst waiting for the full hearing. If anExcluding Order is made, it can haveserious consequences for the res pondent interms of access to housing. The localauthority will likely be aware that theperson has been excluded from his or herhome, and this may affect him or herbeing offered a house. An application forrent supplement can also be refused by the

Section 3 ofHousing(MiscellaneousProvisions) Act1997 &StatutoryInstrument133 of 2006


Department of Social Protection'srepresentative (formerly known as aCommunity Welfare Officer) if theapplicant has an Excluding Order madeagainst him/her or has been found to haveengaged in anti-social behaviour.

Breaching an Excluding Order is a criminaloffence and, if convicted, the personcharged could get up to 12 months inprison and/or a fine.

The Local Authority can applyto the District Court for anExcluding Order on behalf of atenant complaining aboutanti-social behaviour, if itbelieves that the tenant may be preventedby violence, fear or threat from applyingfor an Excluding Order in person.

How can I apply for an Excluding Order?

a Attend your local District Court Office andcomplete a Summons which the courtsservice will supply.

b The District Court Clerk will provide a datefor the hearing.

c If you are applying for the ExcludingOrder, you must serve a copy of thesummons on the respondent (the person atrisk of being excluded) either in person orby ordinary or registered post. You mustalso complete a statutory declaration ofservice of the summons and lodge it (handit in) along with the original summons inthe District Court Office.

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Section 3(a) ofHousing(MiscellaneousProvisions) Act1997


d When the case comes up for hearing inCourt, as applicant you must provideevidence of the behaviour about whichyou are complaining. Witnesses may benecessary and you may have to servewitness summonses.

e An Excluding Order can be appealed to theCircuit Court.

f An Excluding Order can last for a maxi -mum of three years. An application can bemade during this time to vary the Order.

What other options do I have?

l Make a complaint to theGardaí under the CriminalJustice Act 2006. They willissue a warning followed by aCivil Order (ASBO) (see aboveunder ‘Anti-social behaviour in privately owned accommodation’).

l Bring a civil case for noise tothe District Court (see aboveunder ‘Noisy neighbours’).

l If your neighbour is harassingyou, you can make acomplaint to the Gardaí underthe Non-Fatal OffencesAgainst the Person Act. Thisstates that any person whoharasses another by persistentlyfollowing, watching, pestering,besetting or communicating with him orher shall be guilty of an offence.

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Sections 113,114, 115 ofCriminalJustice Act2006

Section 108of EPA 1992



l If people are making noise onthe public roadway betweenmidnight and 7am or at anyother time after having beenasked to stop by a member ofthe Gardaí, you can make a complaint tothe Gardai under the Criminal Justice(Public Order) Act. It can also be anoffence for a person in a public place touse threatening or abusive words withintent to provoke a breach of the peace.

Children and anti-social behaviour

Children aged between 12 and 18years of age may also be subjectto Anti-Social Behaviour Orders.

What is anti-social behaviour?

The law defines that a child is behaving in ananti-social manner if he / she causes or, in thecircumstances, is likely to cause to one ormore people who are not living in the samehouse as the child:-

l Harassment; or

l Significant or persistent alarm, distress,fear or intimidation; or

l Significant or persistent impairment oftheir use or enjoyment of their property.

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Sections 5 & 6of CriminalJustice (PublicOrder) Act1994

Part 13 ofCriminalJustice Act2006


What can you do if a child is behaving inan anti-social way?

You can make a complaint to the Gardaí whocan issue an anti-social behaviour warning toa child. The behaviour warning can be issuedverbally by the Garda to the child, but it mustbe served in writing on the child and his/herparents or guardian. The written notice mustcontain the following:

l A statement that the child has behaved inan anti-social manner;

l A description of the type of behaviour andwhere it took place;

l A demand that the child cease thebehaviour;

l A notice that failure to comply with ademand to cease the behaviour may resultin an application being made to the courtfor a behaviour order.

Good Behaviour Contract: If the Garda whohas issued the behaviour warning hasconcerns about the child’s behaviour, he/shecan make a report to the Garda Super intend -ent outlining these concerns which may leadto a meeting with the child and his or herparent(s)/guardian(s), especially where it is feltsuch a meeting might benefit the child. Such ameeting will usually result in a writtenundertaking from the child and his or herguardian(s) known as a ‘good behaviour

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contract’ which remains in force for 6 months.Breach of this contract may result in theSuperintendent recommending that the childbe admitted to the Juvenile DiversionProgramme or he or she may apply to theChildren Court for a Behaviour Order.

How does an Anti-Social Behaviour Order(ASBO) apply to a child?

Where a child has not complied with previousarrangements, the Gardaí can apply to theChildren Court for an Anti-Social BehaviourOrder (also called ASBO). The Court canimpose whatever terms and conditions itconsider to be appropriate in this order, suchas keeping away from a particular house orarea. The Order can remain in force for amaximum 2 years, but the court can end it orchange the terms on application from anyparty concerned. If the child breaks the order,he or she is guilty of an offence and can befined and/or sent to a children’s detentionschool for up to 3 months.

Can I get Legal Aid for my situation?

You may be eligible for legal aid if you are aperson of moderate means. There are twocategories of legal aid. For criminal caseswhere you are accused of an offence, legal aidis granted at the discretion of the court. Forcivil legal aid, you must apply to the Legal AidBoard and you will be assessed for means andmerits. For further details on financialeligibility requirements or for details of otherallowances that apply to civil legal aid,

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contact your local Law Centre. A full list isavailable at www.legalaidboard.ie. FLAC hasprepared a guide to the state legal aid systemwhich you can download atwww.bit.ly/CLAflacsheet.

Please note however that most of theprocedures above will not require theassistance of a solicitor. You can howevercontact FLAC for free basic legal informationwhere required or attend one of the legaladvice centres countrywide.

Need more information?

Legal information leaflets are also available

from FLAC on a variety of other areas of

law. They are free to download as PDFs

from the FLAC website or in print from your

local FLAC centre or Citizens Information

Centre.


FLAC Mission Statement

FLAC (Free Legal Advice Centres) is a human rightsorganisation which exists to promote

equal access to justice for all.

While every effort has been made to ensure theaccuracy of this leaflet, it is provided for generallegal information only and is not intended as asubstitute for legal advice. The information itcontains is correct as of date of publication. FLACdoes not accept any legal liability for the contentsof this leaflet. People with specific legal problemsshould consult a solicitor.

FLAC offers free, confidential basic legal informationvia its lo-call telephone information line at 1890350 250 (or 01 874 5690 from a mobile number) andone-on-one legal advice through its network ofvoluntary advice centres countrywide -www.flac.ie/gethelp

FLAC is very grateful to Clare Naughton andMaureen Gourley, solicitors with Community Law &Mediation, to Neil Maddox BL and to solicitorMatthew Kenny, who assisted us in preparing thisbooklet.

Publication of this leaflet haskindly been funded by the CivilService Charities Fund.

© FLAC – Free Legal Advice Centres, July 2015

LoCall: 1890 350 250 | www.flac.ie

@flacireland fb.me/flacireland

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