A judge has ordered the P.E.I. Human Rights Commission to revisit the complaint of a woman who says she is the victim of discrimination by provincial social assistance officials.

Debra Kelly's complaint, that she is being denied her full share of social assistance, dates back to 2003. Child support for her two children is considered part of Kelly's income, so, she says, her welfare has been cut to a few hundred dollars a month.

Kelly told CBC News she's disappointed it has taken four years for her complaint to finally be given a full hearing.

"I'm doing it because this is the time for low-income people to start standing up. This is ridiculous, in the year 2009 [that] low-income people have no access to justice," she said.

A large part of the delay was due to Kelly preparing the appeal entirely on her own.

The human rights commission has dismissed Kelly's complaint twice — once by the executive director in 2003, and then under review by the commission chair the next year. So Kelly requested a judicial review.

Panel to be convened

This month, Judge Kenneth Macdonald found the commission's investigations inadequate.

Macdonald said the commission failed to hear evidence from anyone involved, including Kelly, no attempt was made to settle the complaint and the commission did not take into account changes in welfare regulations made in 2003.

"I think it's a fine decision," said commission executive director David Larter.

"I'll be asking the chairperson to convene a panel hearing in order to have the complaint, and the issues that arose from the complaint, be heard."

Larter says the commission panel will be formed in the next couple of months.