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17 December 2020


December news from the Equality and Human Rights Commission: upholding human rights


As the National Human Rights Institution for England and Wales and an 'A' status UN National Human Rights Institution, we are recognised by the international community, government, the public and private sectors and civil society as a trusted, authoritative expert on equality and human rights.


This month, to mark International Human Rights Day on 10th December, we revealed the next phase of our Human Rights Tracker [link removed] , providing clear analysis of where progress has been made and where there is still a distance to travel for the UK and Welsh Governments in meeting international human rights standards.


Our tracker makes it simple for anyone to track progress across key areas of people’s lives that have been particularly impacted by the pandemic. It highlights reductions to social care provision, stalled progress on ensuring the right to independent living by disabled people and increased numbers of children living in poverty as a result of the pandemic.


View progress [link removed]


Upholding rights under Mental Health Act detention


The decision to detain a person in hospital because of their mental health condition takes away their right to be free, so it is vital that this is done in a way that is legal and upholds human rights. To help ensure this happens, we have produced guides for people who are being detained and their families, carers or advocates. There are separate guides for those detained under forensic and civil sections of the Mental Health Act.


Our guides cover all the information patients detained in a mental health hospital must be told about their rights, including their rights under the Human Rights Act and the Equality Act. Where relevant, they also cover the rights of nearest relatives and patients staying in hospital on a voluntary basis.


These guides can be used:


To help patients, their family/carers and advocates understand their rights


To help patients, their family/carers and advocates discuss with healthcare professionals how their rights can be better upheld


To help patients, their family/carers and advocates understand how complaints can be made if needed


To help staff ensure they are complying with the Mental Health Act and Code of Practice, and the Equality Act and Human Rights Act


As a training and development tool for staffAlongside these guides we have produced resources to explain how and why the guides should be used. This package of resources is recommended for commissioners and providers of mental health services, Independent Mental Health Advocates, staff working in mental health hospitals and Approved Mental Health Professionals and Care Coordinators.


Read the guides [link removed]


Access resources for professionals [link removed]


Ending unlawful detention of adults with incapacity


After we brought a judicial review against NHS Greater Glasgow and Clyde (NHSGGC) and HC One Oval Ltd (the owner of a chain of care homes), the NHSGGC stopped placing patients in two care homes in Glasgow without legal authority. A legally binding agreement has now been reached to ensure this does not happen in the future.


We discovered that patients who were medically fit to be discharged from hospital, but who lacked capacity to make decisions about their personal welfare, were being transferred into and held in two care homes in Glasgow without consent or lawful authority. These people were kept in homes for periods ranging between a few weeks and a year, pending the appointment of a welfare guardian.


We believed that this practice was unlawful, discriminatory and contrary to the United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights. We therefore commenced legal action against the NHS board, which was halted when they agreed to discontinue the practice. All of the existing patients have now been discharged and NHSGGC have committed to working with their partner local authorities to ensure that all patients and their families know what is happening and what their rights are.


Find out more [link removed]


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Do you work in health or social care? We want to hear from you


Last month we launched a statutory inquiry into racial inequality in health and social care, triggered by the pandemic. The inquiry will consider how ethnic minority health and social care workers’ treatment during the pandemic has been influenced by their race, employment status, immigration status and working conditions.


We are calling on people to complete a confidential survey to share their experiences. We want to hear from ethnic minority workers who are in lower paid roles, but we also want to hear from their co-workers, from health and social care employers and from organisations who support workers.


You can provide us with evidence by completing a short survey. Click on the link below to access the survey which is relevant for you:


• Survey for ethnic minority workers in lower paid roles in health and social care [link removed]


• Survey for colleagues of ethnic minority workers [link removed]


• Survey for health and social care employers [link removed]


• Survey for organisations who support workers, e.g Trade Unions [link removed]


We want to hear from as many people who may have relevant information as possible. Please do share details of our call for evidence with your contacts. The deadline for submissions is Sunday 7 February.


If you have any queries about the inquiry, you can contact us by emailing [email protected] [ mailto:[email protected] ].


Find out more [link removed]


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Find out more about our inquiry into racial inequality in health and social care workplaces


Mon 11 January 2.00pm


The pandemic has exacerbated racial inequalities in the workplace and in particular, drawn attention to the experiences of key workers in low-paid roles. The Equality and Human Rights Commission is using its legal powers to identify the causes of this, in particular how this is shaped by workers’ race, immigration status, employment status and working conditions.


Join us for this panel discussion to hear how you can get involved and contribute to the call for evidence, which is now open. You'll hear from EHRC Board Member, Pavita Cooper, Our Director of Compliance, Jackie Killeen, and Chief Executive of the Race Equality Foundation, Jabeer Butt, who is a member of the expert advisory panel for the inquiry.


Reserve your place [link removed]


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Buying Back Better: embedding equality considerations into procurement


Wednesday 6 January 3.00pm


How can you embed the Public Sector Equality Duty and use your purchasing power to promote diversity?


Join representatives from the Equality and Human Rights Commission, Harlow Council, HS2, Manchester City Council and the Scottish Government devolution team for an informative webinar about embedding equality considerations in the procurement process.


All public bodies in England are subject to the Public Sector Equality Duty (PSED).  The PSED requires public bodies and those who deliver services for them to consider how their policies or decisions affect people who are protected under the Equality Act. As well as safe-guarding against discrimination, the PSED aims to help you to address inequalities, promote inclusion and create a fairer society.


The pandemic has exposed and in some cases widened inequalities. Public sector bodies already work hard to promote equality, diversity and inclusion. This webinar will explore how this work can be extended to the wider supply chain, by embedding equality considerations into purchasing decisions. As we plan for the recovery and 'build back better', we explore how to promote equality whilst also getting value-for-money.


This webinar is aimed at colleagues working within the public sector in England. It is particularly relevant for colleagues with strategic responsibility for adherence to Public Sector Equality Duty, for purchasing and procurement and/or equality & diversity experts. It may also be of interest to representatives from other public sector organisations as well as those from private and not-for-profit sector organisations who deliver services for public bodies.


Book your place [link removed]


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Haroon's story


Haroon wanted to go to grammar school, but he needed a reasonable adjustment to the appearance of the exam paper so he could sit the entrance exam. When the school denied this, we supported his legal challenge.


Watch Haroon's story [link removed]


Achieving equal pay: lessons from the BBC investigation


Wed 13 January 10.30am


Join the EHRC and equality experts at this free online event to:


Hear about the recent investigation report into Equal Pay at the BBC


Understand what implications the findings and recommendations have for your organisation


Get practical tools and advice on tackling equal pay discrimination This free webinar is aimed at HR professionals, in-house lawyers or senior managers who have responsibility for ensuring compliance with equality legislation, working in England, Scotland or Wales.


Book now [link removed]


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Equality and Human Rights Commission
Fleetbank House, 2-6 Salisbury Square, EC4Y 8JX


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