Exclusive:Former Scotland Office minister resigns from law centre over island dog snub row
Questions mount over decision to approve legal aid
A former Scotland Office minister has resigned from his position as the patron of a law centre over its decision to represent a US woman who is suing a Western Isles charity amid a rights of access row concerning her dog.
Labour peer Lord Foulkes told The Scotsman said he had resigned his role at the Ethnic Minorities Law Centre (EMLC) in protest at its support for Claire Kellerman, stating that she was "not an ethnic minority person," and was involved in a "provocative" case that was causing problems for the community.
It comes as the chief executive of the Scottish Legal Aid Board (SLAB) defended its role in the controversial legal action brought by Ms Kellerman amid a right of access row concerning her dog, insisting it was not required to verify information provided in support for her legal aid application.
Ms Kellerman, the niece and adoptive daughter of the late actress, Sally Kellerman, who played the part of Major Margaret 'Hot Lips' Houlihan in Robert Altman's 1970 hit film, M*A*S*H, is suing the Western Isles charity regarding her dog allegedly being refused admission to a café it operates.
Ms Kellerman, who describes herself as a one time regenerative farming community designer, has said she has had a disability since 2015, and that her dog, named Lady Turquina Snowfire, is an assistance dog.
However, her legal action against the not-for-profit Bernera Community Association (BCA) has sparked a backlash, with members of the charity warning that if it is unable to pay its bills, the facility will face closure. It has already raised more than £60,000 after launching a fundraising drive.
Ms Kellerman is being represented by the Glasgow-based EMLC, which bills itself as the only law centre in Scotland offering services dedicated to black and minority ethnic communities.
Lord Foulkes has been a patron of the EMLC for around eight years, but said he had “heard nothing” from the centre in that time, and had in fact forgotten he was involved with it until he was reminded by the BCA and others, who saw his name on EMLC notepaper.
The former Labour MP and MSP said that after he was made aware of the centre’s role in representing Ms Kellerman, he decided to sever ties.
“When I saw that they were supporting Claire Kellerman who is not an ethnic minority person in a provocative case causing so many problems for the local community, I have resigned in protest at their support for her, and also their failure to keep patrons informed of their work,” he explained.
Ms Kellerman’s action is being supported by SLAB, a decision that has been criticised by Labour MP Torcuil Crichton and his Scottish Labour MSP counterpart, Donald MacKinnon.
Ms Kellerman’s action was originally directed against the Bernera Community Development Trust (GBCDT), a small charity which has nothing to do with the community café.
The trust ran up legal costs of over £7,000 before Ms Kellerman’s legal representatives made the court aware that the action was directed against the wrong organisation. The action was subsequently amended, and it is understood SLAB allowed the legal aid certificate to be transferred to the revised action.
Mr MacKinnon, who has urged SLAB to consider revoking its funding for the case, said it was important that publicly funded litigation is subject to “appropriate scrutiny regarding its legal basis, prospects of success and overall reasonableness.”
But in a letter to Mr MacKinnon, Colin Lancaster, the chief executive of SLAB, defended its actions.
He wrote: “On the concern that proceedings were initially raised against the wrong defender, our role is not to determine questions of fact, evidence, law or liability – including the identity of the proper defender.
“Where relevant representations are made to us … information is sought from the assisted person’s solicitor. That was done in this case and we were satisfied that tests were met, based on the information provided. It is not our role to independently investigate far less determine the legal basis of a case, or verify the information provided in support of the merits of an application.”
Mr Lancaster said that it made decisions based on information provided to it by the nominated solicitor, along with any supporting documentation and “any further information” that becomes available as a case proceeds.
He added: “All potentially relevant information provided to SLAB has been considered, including representations about the original defender, the subsequent change of defender, the applicant’s financial circumstances and the issues raised about the legal basis and prospects of the action.”
Mr MacKinnon told The Scotsman: “I remain concerned about the approach that the Scottish Legal Aid Board has taken and continues to take in relation to this case. In particular, there is a serious question on whether their test of ‘reasonableness’ has been met.”
The MSP raised his concerns over the civil legal action being supported by the SLAB at Holyrood earlier this week and said he was “surprised” First Minister John Swinney appeared not to be aware of the case. He has since written to him with further information.
Mr MacKinnon added: “Throughout this process the Bernera community has shown incredible resilience. The support they have received both locally, nationally and internationally demonstrates where public opinion is on this.”
A spokeswoman for SLAB said it had nothing further to add to the position set out in Mr Lancaster’s correspondence.
The EMLC has been approached for comment.
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