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News from the Equality and Human Rights Commission


30 September 2022


Our response to allegations around mistreatment of people in Edenfield Centre Mental Health Unit


Recent reports of potentially unlawful activity at the Edenfield Centre Mental Health Unit in Prestwich may indicate a breach of patients’ human rights. These include the right of patients to be free from inhuman and degrading treatment, their right to liberty and security, and their right to private and family life, including physical and psychological integrity.


We have a duty to enforce equality laws and defend human rights, and we therefore consider all allegations of unlawful activities carefully and take action where necessary.


We are already pressing the Department for Health and Social Care to go further than the actions in its Building the Right Support Plan for detained patients.


Yesterday, in response to the BBC Panorama documentary on 28 September about the treatment of people in Edenfield Centre Mental Health Unit in Prestwich, we wrote to the Greater Manchester Mental Health Trust, copied to the relevant regulators, the NHS and government, to gain assurances that the human rights of patients will be actively and urgently protected.


We will consider next steps in conjunction with health regulators and in the context of ongoing criminal investigations.


Read the letter and our statement in full [link removed]


Addressing discrimination in


The use of artificial intelligence


This month, we set out how we will monitor the use of artificial intelligence (AI) by public bodies to ensure no unlawful discrimination is taking place.


AI and new digital technologies are transforming how public services are delivered. They have the potential to advance equality and good relations, but there is growing evidence that bias built into algorithms can lead to less favourable treatment of people with protected characteristics such as race and sex.


To help public bodies and service providers tackle this, we have published new guidance which will support them to review their use of AI and ensure it does not breach the public sector equality duty (PSED).


The guidance, which can also be applied as best practice in the private sector, gives practical examples of how AI systems may be discriminating against different protected characteristics.


Read our guidance on artificial intelligence in public services [link removed]


Race discrimination case settles thanks to


Our Legal Support Scheme


Scottish Ministers have reached a settlement with a civil servant who brought a race discrimination case to challenge her treatment in the workplace.


We funded the eight-day final hearing in Edinburgh through our race discrimination fund, part of our long-standing Legal Support Scheme [link removed] , which offers financial support to help people access legal expertise.


Rose Quarcoo, who was employed by the Crown Office and Procurator Fiscal Service, claimed she experienced a series of acts of direct race discrimination, harassment and victimisation.


In this case, our support has helped Mrs Quarcoo reach a settlement with which she is satisfied. Every employer should be aware of its legal responsibilities under the Equality Act 2010, but sadly many people still face prejudice and discrimination in the workplace.


By providing funding, we are ensuring that costs are not a barrier to taking legal action.


Read more about funding available through our Legal Support Scheme [link removed]


The Bill of Rights has been paused - our response


Last week we wrote to the new Lord Chancellor and Secretary of State for Justice, Brandon Lewis MP, welcoming the UK Government’s decision to pause the Bill of Rights Bill for further consideration.


We had concerns that the Bill, as drafted, could potentially:


Weaken the UK’s framework of human rights protections.


Reduce access to redress for breaches of human rights.


Have implications for the protection of freedom of expression.


Have significant constitutional implications, including for the Union.We welcome the Government’s commitment to remaining party to the European Convention on Human Rights and retain its incorporation in UK law. The Human Rights Act, which achieves this, has significantly improved human rights protections and access to justice for people in the UK since its enactment in 1998.


This pause presents an opportunity to consider these issues further. Significant constitutional reforms should be subject to wide consultation and robust pre-legislative scrutiny.


We look forward to working with the Government to strengthen equality and human rights across Britain.


Download our letter to the Secretary of State for Justice [link removed]


Pontins investigation – call for evidence closes


In October


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


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


Our 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.


Find out more about our investigation [link removed]


Levelling Up and Regeneration Bill - our written submission to the Public Bill Committee


We recently gave evidence to the Public Bill Committee on the UK Government’s Levelling Up and Regeneration Bill.


The Bill provides a legal basis for the setting of and reporting against the levelling up missions; makes changes to the way in which power is devolved across England; makes changes to the planning process; and has implications for homelessness.


View our written evidence [link removed]


Scottish Government's Mental Health and Wellbeing Strategy consultation - our response


Earlier this month, we responded to the Scottish Government's Mental Health and Wellbeing Strategy consultation.


Some people face distinct barriers in accessing mental health and wellbeing services as a result of their protected characteristics. Our aim is to ensure that the strategy is designed to acknowledge and mitigate these barriers. Our response to the consultation focuses on the equality legal framework, the importance of equality impact assessments, data gaps and workforce planning.


Download our consultation response [link removed]


Office for Democratic Institutions and Human Rights (ODIHR) conference


Our Chief Executive, Marcial Boo, recently joined fellow National Human Rights Institutions (NHRIs) and supporting organisations at a conference hosted by the Office for Democratic Institutions and Human Rights (ODIHR), the principal institution of the Organization for Security and Cooperation in Europe (OSCE).


Marcial contributed to a discussion with Heads of NHRIs on how we can enhance resilience in order to anticipate, prepare for and respond to sudden threats and disruptions around the world. The visit was an excellent opportunity to connect in-person with other NHRIs and to learn from their experiences.


These ideas will be discussed again at the European Network of National Human Rights Institutions (ENNHRI) General Assembly to agree follow-up actions on NHRI resilience.


Read a summary of the meeting on OSCE's website [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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