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27 January 2021


January news from the Equality and Human Rights Commission


As Britain's National Equality Body and an independent regulator with the responsibility for equality legislation, we take our enforcement role seriously. We are a strategic enforcer, which means that we must use our powers selectively to protect people against serious and systemic abuses of their rights and to clarify equality and human rights law. You can find out more about our roles here [link removed] .


In this issue of our monthly newsletter we highlight some of the ways in which we've recently been using our enforcement powers, including by reminding service providers of their legal obligations, signing legally-binding agreements with organisations who have breached equality law and intervening in legal action.


Upholding the rights of disabled people to access essential supplies


Following reports that some food shops were issuing blanket bans to people not wearing face coverings, we have reiterated our guidance to retailers on what they must do to ensure that they are providing a service which is accessible to all.


All service providers, including supermarkets, are legally required to make reasonable adjustments to ensure that disabled people can use their services. This would include not denying entry to people who are unable to wear a face covering due to a disability or long-term health condition.


Last year, amid concerns that some disabled people were struggling to access shops to purchase food and other essentials, we issued clear and concise guidance for all retailers on their legal duties. We have now warned retailers that if they do not follow this guidance they risk claims of disability discrimination.


Read our guidance [link removed]


Challenging a decision to terminate benefit payments


We have intervened in a judicial review into the decision to terminate the Employment Support Alliance (ESA) payments of Errol Graham, a disabled man who starved to death in June 2018.


The claim, brought on behalf of the family by Alison Turner (the fiancée of Mr Graham’s son), alleges that the decision to halt Mr Graham’s benefits in 2017 was unlawful and that the DWP’s ESA safeguarding policy on the termination of benefits is still unlawful, despite revisions that were made following the issuing of these proceedings.


A key issue in this claim is the compliance with the public sector equality duty and protection of human rights. Mind, the leading national mental health charity in England and Wales submitted evidence in support of Ms Turner’s case, and we formally intervened to provide our expertise to the court.


Our Executive Director Alastair Pringle said, “Everyone has a right to an adequate standard of living. We have intervened in the legal challenge brought by Errol Graham’s family to provide our expertise on the equality and human rights implications of the case. We hope that this will lead to essential changes and improvements so that no one ever has to suffer in similar conditions.”


Find out more [link removed]


Ensuring disabled people can access transport


Following complaints from disabled passengers about a lack of access to Manchester Victoria station last summer, we have now signed a legally binding agreement with Network Rail North West Route to improve its services to disabled customers during refurbishment projects that affect passengers.


Before the refurbishment project at Manchester Victoria started last summer, Network Rail failed to complete a Disability Impact Assessment or to consult with disabled passengers or groups to determine whether arrangements to replace lift access were appropriate. As a result, the facilities and help available was unsuitable and a lack of clear signage and communication meant that disabled passengers were not aware of any support available. This led to passengers with limited mobility having to drag themselves up steps or use a stair-climber because there was no working lift.


We contacted Network Rail when we became aware of the issues which disabled passengers were facing, as we considered that it had breached its legal obligations to make reasonable adjustments for disabled people. Network Rail have now signed an agreement with us which commits it to improvements to ensure that similar issues do not arise in the future.


Find out more [link removed]


Preventing the unlawful use of PAVA spray in prisons


We have been working with the Ministry of Justice to ensure that disabled and ethnic minority prisoners are not disproportionately subjected to the use of PAVA spray in prisons in England and Wales.


PAVA is an incapacitant spray which is more potent than CS gas. It is illegal in the UK, except when used by prison or police officers. In October 2018 the Ministry of Justice (MOJ) announced it would allocate £2m to enable the national rollout of PAVA spray to all prison officers in the closed adult male estate, following a six month trial in four prisons between January and June 2018.


During the six month trial, there was evidence of significant risks that the spray could be used unlawfully, so in 2019 we funded a disabled prisoner to challenge the PAVA decision. The MOJ agreed additional safeguards were needed to decrease the risk of the spray being used in a discriminatory way, particularly against disabled and ethnic minority prisoners, and agreed to introduce additional measures to help prevent mistreatment.


However, before these measures were implemented the MOJ later authorised the use of PAVA in all male prisons at the height of the coronavirus pandemic. We were concerned this could lead to disproportionate and illegal use of PAVA spray, so we provided legal assistance by funding the same disabled prisoner to take a legal challenge against the Secretary of State. The case was withdrawn as the MOJ has now started implementing a number of measures to help prevent disproportionate PAVA use and strengthen monitoring and accountability.


Because of our involvement in this case, the use of PAVA spray will be more tightly controlled and monitored. We will continue to monitor the use of PAVA in prisons to ensure the MOJ’s new measures are implemented effectively.


Find out more [link removed]


Protecting a toddler's right to education


Following concerns raised by parents of a two-year-old that a nursery had not made reasonable adjustments for their disabled child, we provided legal assistance so the parents could challenge the nursery's actions. The parents had provided feedback to Ofsted about their concerns and the private nursery had then terminated their child's placement there.


We were concerned that, because a private nursery is not defined as a school (as a state-run nursery would be) the child was not directly protected under the 'victimisation' provisions in the Equality Act 2010. It also meant that the family had to bring the legal challenge under the service provisions of the Act, which meant the case would be heard at the County Court rather than the more accessible Specialist Educational Needs and Disability (SEND) Tribunal, a situation which we hope to see change in the future. We therefore provided legal assistance to challenge the discriminatory exclusion and alleged victimisation.


The case was settled during mediation, and the duty to provide reasonable adjustments was upheld. This case highlights the importance of service providers, including private nurseries, being fully aware of their duties under the Equality Act 2010. Every child has the right to an education; we are committed to ensuring the education system promotes good relations with others and respect for equality and human rights standards.


Find out more [link removed]


New guiding principles for associations and membership organisations


Following the publication of the findings of our investigation into antisemitism in the Labour Party, we have now published a set of guiding principles [link removed] for all associations and membership bodies. As the regulator of the Equality Act 2010, we have the power to give guidance on how associations such as political parties may best comply with the Act. These principles will support associations, including political parties, in ensuring that they protect members, prospective members, employees and agents from all forms of discrimination.


Our new principles cover:


• What constitutes unlawful discrimination


• The importance of setting standards of behaviour and creating an inclusive culture


• The role of leadership.


We hope that this document supports associations in tackling discrimination and advancing equality and human rights.


Read the guiding principles [link removed]


Can you help us reach out to ethnic minority health and social care workers?


We recently launched a statutory inquiry into racial inequality in health and social care [link removed] , triggered by the pandemic. The inquiry will consider how the treatment of ethnic minority health and social care workers who work in lower paid roles has been influenced by their race, employment status, immigration status and working conditions.


We are calling on people to share their experiences confidentially. 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. More details on the inquiry and how to submit evidence are on our website [link removed] .


E want to hear from as many people who may have relevant information as possible, so we've created a toolkit for you to share information about the inquiry on social media, your website or via email. You can download these resources by clicking on the link below.


If you have any queries about the inquiry, you can contact us by emailing [email protected] [ mailto:[email protected] ]. Evidence submissions can also be emailed directly to this inbox.


Download the toolkit [link removed]


Call for evidence: Independent Human Rights Act Review


The UK Government has established an independent review to examine the framework of the Human Rights Act, how it is operating in practice and whether any change is required. The review is being carried out by an independent panel. The panel has now launched a public Call for Evidence to inform its review, which will look at two key themes:


• the relationship between domestic courts and the European Court of Human Rights


• the impact of the Human Rights Act on the relationship between the judiciary, the executive and the legislature


The Human Rights Act provides vital protections for the rights of everyone in the UK, and it is important that the review hears from a diverse range of people, including representatives of protected characteristics and voices from across England, Scotland and Wales.


As the National Human Rights Institution for England and Wales, we encourage individuals and organisations to submit relevant evidence to this review, particularly if you have stories to tell about how human rights have helped you or the people you represent. The deadline for submissions is 3 March 2021.


Find out more [link removed]


Parliament’s Joint Committee on Human Rights (JCHR) has also launched a parallel inquiry into the Government’s review of the Human Rights Act, which is accepting evidence now. You can find out more about the JCHR inquiry here > [link removed]


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


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