How to Draft a Human Rights Expert Letter of Instruction for a Legal Aid Case

A human rights expert report can only address the relevant issues if the expert receives sufficiently clear instructions. In immigration and asylum matters funded through Legal Aid, the letter of instruction can also help explain the proposed scope of the expert's work and why specialist evidence is being considered necessary in the particular case.

The purpose of an instruction letter is not to ask an expert to support a particular outcome. It is to identify the factual and evidential issues on which specialist human rights or country knowledge may assist the tribunal.

A focused instruction can help the solicitor and expert establish the scope of the assignment, identify the questions to be considered, and keep the proposed work connected to the issues arising in the case.

What Is a Human Rights Expert Letter of Instruction?

A letter of instruction is the formal document through which a solicitor sets out the proposed expert's task.

For a human rights expert, it may identify:

• The nature of the immigration or asylum proceedings
• The relevant background to the appellant's case
• The issues requiring specialist country or human rights analysis
• The questions the expert is being asked to consider
• The documents available to the expert
• Any relevant deadlines or procedural requirements
• The expected form and scope of the expert report

The letter should distinguish between matters requiring expert evidence and matters that are for the legal representatives or tribunal to determine.

For an overview of the specialist human rights expert report services available, see the Human Rights Expert Witness Services page.

Why the Scope of Instructions Matters for a Legal Aid Case

Where Legal Aid funding is involved, the solicitor may need to explain why proposed expert evidence is considered necessary for the particular case.

The instruction letter can form part of the explanation of the work proposed. It can identify the evidential issue requiring specialist assistance and describe the work the expert is being asked to undertake.

A general request for "a human rights report" may provide limited information about the proposed scope of the assignment.

A more focused instruction can identify a particular evidential question, such as:

• Whether the appellant's particular profile creates a country-specific issue requiring specialist assessment
• How a particular form of treatment is understood within the relevant country context
• Whether available country material addresses a specific factual issue in sufficient detail
• How relevant international human rights standards relate to the country-specific evidence within the expert's field of expertise
• Whether additional country-specific material may assist in explaining an issue

The purpose is to explain the proposed expert work rather than suggest that a particular approach will result in Legal Aid approval.

What to Include in the Letter of Instruction

1. Identify the Proceedings

The opening section should give the expert enough information to understand the procedural context.

This may include:

• The type of proceedings
• The relevant tribunal or court
• The appellant's nationality or claimed nationality
• The nature of the claim
• Any known hearing or report deadline
• Whether the matter concerns an appeal or another form of immigration proceeding

The information should be limited to matters relevant to the expert's assignment.

2. Provide a Concise Factual Background

The expert generally needs sufficient factual information to understand the questions being asked.

The background might cover:

• The appellant's stated history
• Relevant employment or professional activities
• Political, religious, social or community activities
• Previous detention or treatment alleged by the appellant
• Family or community circumstances where relevant
• Events said to have occurred in the country of origin
• Relevant conduct after leaving the country

The solicitor should distinguish between facts that are accepted, facts that are disputed, and matters that are based on the appellant's account.

An expert should not ordinarily be instructed to assume that disputed facts have been established. Where appropriate, the expert may instead be asked to consider a stated factual scenario or alternative scenarios within the scope of the assignment.

3. Identify the Specific Expert Questions

This is an important part of the instruction.

Questions should be sufficiently precise to allow the expert to determine what research and analysis may be required.

For example, rather than asking:

"Please provide a report about human rights in Country X."

A more focused instruction might ask the expert to consider:

• The treatment of people with the appellant's particular profile in Country X
• The documented treatment of individuals involved in the type of activity described
• Whether relevant state authorities are reported to monitor or respond to such activities
• The treatment of similarly situated individuals
• Relevant regional or local differences
• The availability and practical operation of relevant state protection, where this falls within the expert's expertise
• The relevance of particular international human rights standards to the factual circumstances

The precise questions will depend on the case and the expert's area of expertise.

Connecting the Instructions to the Relevant Human Rights Framework

A human rights expert may be asked to address international standards where those standards are relevant to the specialist analysis.

Depending on the subject matter, the instructions may identify instruments such as:

• The European Convention on Human Rights
• The International Covenant on Civil and Political Rights
• The Convention Against Torture
• The Convention on the Elimination of All Forms of Discrimination Against Women
• The International Convention on the Elimination of All Forms of Racial Discrimination

The instruction should not tell the expert what legal conclusion to reach.

Instead, it can identify the relevant framework and ask the expert to explain the country-specific evidence and its relationship to the issues falling within their expertise.

The expert's role is to provide independent specialist evidence. The legal representatives remain responsible for legal submissions concerning the application of the law to the facts of the case.

Explain Why Additional or More Focused Expert Analysis May Be Relevant

Country Policy and Information Notes and other country material can provide important background information. In some cases, however, a solicitor may consider that particular issues require more focused specialist analysis.

The letter can therefore identify an evidential question that may not be fully addressed by the material already available.

This may include:

• A particular factual profile that receives limited attention in general country material
• A geographical or community-specific issue
• A particular form of treatment
• A disputed aspect of country conditions
• Evidence that appears inconsistent or requires contextual explanation
• A change in circumstances that may require specialist consideration
• The relationship between several country conditions relevant to the appellant's account

This does not require a general conclusion that existing country material is inadequate. The purpose is to explain the particular question for which additional expert analysis is being sought.

Provide the Expert With the Relevant Documents

The expert needs access to material necessary to undertake the assignment.

Depending on the case, this may include:

Case Documents

• The appellant's witness statement
• Previous statements where relevant
• Refusal or decision letters
• Grounds of appeal
• Relevant correspondence
• Previous expert reports
• Relevant tribunal or court decisions

Country and Background Material

This may include relevant:

• Country reports
• Official publications
• Academic research
• Human rights documentation
• Legislative material
• Reports from recognised organisations
• Other sources identified as relevant to the expert's assignment

The solicitor should make clear which documents are being relied upon and whether the expert is expected to undertake additional independent research.

The expert should retain responsibility for determining which sources are appropriate to the opinion being provided.

Distinguish Expert Evidence From Legal Submissions

The letter of instruction should not ordinarily ask the expert to perform the role of the legal representative.

For example, the expert should not ordinarily be instructed to:

• Determine whether the appellant satisfies a particular legal test
• Decide whether an appeal should succeed
• Advocate for the appellant
• Draft legal submissions
• Tell the tribunal what decision it should make

Instead, the expert can be asked to provide specialist evidence within their area of expertise.

For example, an expert may be asked to explain relevant country conditions, the treatment of people with a particular profile, or the significance of particular country evidence. The legal representatives can then address the legal implications of that evidence in their submissions.

This distinction can help keep the expert report focused on matters for which specialist evidence is being sought.

Avoid Leading the Expert Toward a Predetermined Conclusion

Instructions should describe the issues neutrally.

For example, instead of stating that an appellant "will face persecution" on return, the solicitor could ask the expert to consider the documented treatment of people with the relevant profile and explain what the available evidence indicates.

Similarly, rather than asking an expert to confirm that a particular human rights violation will occur, the instruction can ask the expert to assess relevant country evidence and explain what it indicates about the treatment of similarly situated individuals.

This approach allows the expert to provide an independent opinion based on the evidence and their expertise.

Explain the Required Scope of the Report

A solicitor should consider whether the expert needs to address every aspect of the appellant's circumstances or only specific questions.

A defined scope can help keep the assignment connected to the issues requiring specialist evidence.

For example, the instructions might specify that the expert is being asked to address:

1. The relevant country conditions.
2. The treatment of individuals sharing the identified characteristics.
3. The relevance of particular country sources.
4. Any significant regional differences.
5. The human rights framework relevant to the expert's analysis.
6. Any limitations affecting the expert's conclusions.

The final scope should reflect the actual issues in the case rather than attempting to cover the entire human rights situation in a country.

Address Sources and Methodology

Where the assignment involves detailed country research, the solicitor can ask the expert to identify the principal sources relied upon and explain their relevance.

This can be particularly useful where the report addresses:

• Conflicting country information
• Different sources covering different periods
• Localised conditions
• Changes in government policy or practice
• Difficult-to-document forms of treatment
• The reliability or limitations of particular source material

The expert should determine the appropriate research methodology within their area of expertise and explain relevant limitations where necessary.

The instruction letter can identify questions that require research without dictating the expert's professional methodology or anticipated conclusion.

Set Out the Deadline and Applicable Procedural Requirements

The instruction letter should clearly state any known deadline for the report.

It may also identify current procedural requirements applicable to the particular proceedings, without asking the expert to provide legal advice.

Depending on the case, this can include:

• The date by which the report is required
• The intended use of the report
• Applicable directions concerning expert evidence
• Requirements concerning the format or contents of the report
• Whether the expert may be required to attend a hearing

The solicitor should check the current requirements applicable to the particular proceedings rather than relying on an old instruction template.

A Practical Structure for the Instruction Letter

A useful instruction letter can be organised under the following headings.

1. Case Details

Identify the proceedings, parties and relevant procedural information.

2. Background

Provide a concise and clearly qualified summary of the relevant factual circumstances.

3. Issues Requiring Expert Evidence

Identify the specific country or human rights questions requiring specialist analysis.

4. Questions for the Expert

Set out clear, numbered questions within the expert's field of expertise.

5. Documents Provided

List the principal documents supplied for consideration.

6. Research Scope

Explain any particular country, region, group or human rights issue that should be considered.

7. Procedural Requirements

Identify relevant deadlines and current requirements known to the solicitor.

8. Independence

Make clear that the expert is expected to provide an independent opinion based on the evidence and their expertise.

9. Funding Information

Where relevant, explain the proposed work and the reasons why specialist evidence is considered necessary in the particular case.

Common Problems to Avoid

Several drafting problems can make an instruction less useful or make the proposed scope difficult to identify.

Overly Broad Instructions

A request for a complete analysis of human rights conditions in a country may create an unnecessarily wide assignment.

The instructions can instead identify the specific issues relevant to the appellant.

Predetermined Conclusions

The instruction should not tell the expert what their opinion is expected to be.

Unclear Questions

Questions such as "Please comment on the case" do not establish a sufficiently clear scope.

Specific questions can make it easier for the expert to identify the research and analysis required.

Excessive Legal Analysis

The solicitor should provide the legal context necessary for the expert to understand the assignment without turning the expert's instructions into legal submissions.

Irrelevant Background Material

Sending large quantities of documents without explaining their relevance may make it harder to identify the material issues.

Final Checks Before Sending the Instruction

Before sending the letter, the solicitor can check whether:

• The expert's precise task is clear.
• The factual background is accurately described.
• Disputed matters are identified as disputed.
• The questions fall within the expert's area of expertise.
• The relevant country and human rights issues are identified.
• The documents supplied are listed.
• The proposed scope appears proportionate to the issues requiring expert evidence.
• The deadline is clear.
• The instruction does not seek advocacy or a predetermined conclusion.
• The proposed work can be explained in the context of any Legal Aid funding application.

Conclusion

A human rights expert letter of instruction should give the expert a clear, neutral and sufficiently focused framework for independent analysis. In a Legal Aid case, it can also help explain why specialist evidence is being sought and what work the proposed expert is expected to undertake.

A focused instruction can connect the appellant's specific circumstances to defined country and human rights questions without asking the expert to determine the legal outcome. This can help the solicitor and expert establish a workable scope while keeping the proposed evidence directed towards matters within the expert's specialist knowledge.

Where a solicitor is considering instructing a human rights expert, further information about submitting a brief is available through the Human Rights Experts contact page.

Disclaimer: This article provides general information about instructing human rights experts and does not constitute legal advice. Solicitors should consider the current procedural and Legal Aid requirements applicable to the particular case. Last Reviewed: September 2026