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31 August 2022


News from the Equality and Human Rights Commission


New project empowers civil society to uphold human rights across England and Wales


This month, we have commissioned Just Fair [link removed] to prepare an independent shadow report for the UN Committee on Economic, Social and Cultural Rights (CESCR [link removed] ), on behalf of civil society in England and Wales. The report will look at how well people’s economic, social, and cultural rights are protected in the UK. It includes issues such as the right to housing, to health, and to education - essential conditions for a life of dignity and freedom.


As the National Human Rights Institution (NHRI) for England and Wales, and Britain’s National Equality Body, we are proud to be supporting Just Fair in this important work to monitor human rights.


Through this project, Just Fair will empower and support civil society to hold the UK Government to account. They are currently gathering evidence [link removed] and will be holding events for organisations to learn about the process, and to support others with their submissions.


Visit Just Fair’s website to get involved [link removed]


Housing Inquiry continues to improve the lives of disabled people, four years on


This month, in line with the recommendation we made in our housing inquiry in 2018, the Government committed to making new homes more accessible for older and disabled people [link removed] by raising the minimum accessibility standards.


Our 2018 housing and disabled people inquiry – ‘Britain’s Hidden Crisis’ - looked at whether the accessible and adaptable housing available in Great Britain is fulfilling disabled people’s rights to live independently. We found that disabled people were left frustrated and trapped by a chronic shortage of suitable housing, with unnecessary bureaucracy and insufficient support often leaving them in unsuitable homes.


We recommended that the Government produce a national strategy to ensure there is an adequate supply of houses built to inclusive design standards and for a review of the way that building standards are enforced.


While we hoped that the Government would go further with their action and require more fully wheelchair accessible homes, this month’s new commitment is an important step forwards. It will go a long way to improve the lives of disabled people, but we will continue to press for the right to independent living to be fully incorporated into UK law.


Read our 2018 inquiry report [link removed]


Improving disabled people’s access to rented homes - our response


Responding to a recent Government consultation on the commencement and implementation of the remaining parts of section 36 of the Equality Act 2010, we have again called for disabled people living in rented homes to have the legal right to require landlords to make reasonable adjustments to common parts of their buildings.


For this to happen, the Government needs to implement Section 36 of the Equality Act. We have repeatedly said that the UK Government should implement this part of the Equality Act in England and Wales, including in our 2018 Housing Inquiry Report ‘Britain’s Hidden Crisis’.


We hope that the Government will now take action.


Download our response [link removed]


Pontins investigation – call for evidence


We are formally investigating Pontins holiday parks due to continued concerns about discrimination against Gypsies and Travellers.


Investigators are looking at:


Whether Pontins has committed race discrimination against Gypsy and Traveller guests, prospective guests or their associates in how it provides its service.


Whether Pontins’ booking policies directly or indirectly discriminate on the basis of race, including a requirement that guests, or prospective guests, are on the electoral register


Whether Pontins’ intelligence, information and record-keeping systems are operating in a way that discriminates directly or indirectly on the basis of race


If you have evidence relevant to this investigation, or you know someone who might, please email it to us by 14 October 2022 at [email protected] [ mailto:[email protected] ]


Read the investigation's full terms of reference [link removed]


Police Race Action Plan – our response


We recently responded to the consultation on the Police Race Action Plan, held by the National Police Chiefs’ Council (NPCC) and the College of Policing.


We said that the plan must both comply with and demonstrate compliance with the Public Sector Equality Duty (PSED).


The PSED was developed following the Macpherson Report into the racist murder of Stephen Lawrence, in order to make sure police forces meet their legal obligations under the Equality Act 2010.


In our response, we also made specific recommendations about the recruitment and retention of Black police officers, as well as the use of police powers such as stop and search, and technologies such as artificial intelligence and facial recognition.


We look forward to working with the NPCC and the College of Policing to make sure that police forces fully consider and comply with equality and human rights laws and standards.


Download our response [link removed]


Restraint inquiry recommendations incorporated into government policy


Last year, we found that a lack of data and guidance was hindering the ability of schools in England and Wales to effectively monitor their use of restraint. We also found that it prevented oversight of how schools were using restraint.


Following our inquiry, we recommended that the use of restraint in schools should be monitored, recorded, and analysed with the same rigour as exclusions.


This month, the UK Government has confirmed that it will:


Provide new guidance on restraint in schools to promote de-escalation practices to avoid the need for restraint;


Bring into force primary legislation, contained in the Apprenticeships, Skills, Children and Learning Act 2009, to make the recording of physical force mandatory in schools, and make it a legal duty to inform parents when restraint has been used;


Make it compulsory for all schools to have a restraint policy which includes data recording.   This is a big step towards ensuring that restraint is only used as a last resort. It will also mean that schools and inspectorates have the data they need to scrutinise processes, strengthen human rights protections, and support families.


Earlier this year, the Welsh Government also formally welcomed our inquiry report, stating that ‘it adds to the weight of evidence in this area and will help us improve policy and practice’.


Read more about our restraint inquiry [link removed]


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Equality and Human Rights Commission
Third floor, Windsor House, 50 Victoria Street, London, SW1H 0TL


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