A Christmas message from our Chair

As we approach the festive season, our Chair David Isaac reflects on 2019:

This time last year I said that the challenges of 2018 had surpassed all our expectations. As we approach the end of 2019, I think it’s safe to say that this year has not exactly gone to plan either! 

Brexit and political uncertainty have dominated both our national debate and focus. So as we end the year with a new government, it’s clear that we will leave the EU. As I look back on what we have achieved in 2019, I’m confident of one thing - that the work of the EHRC will be more important than ever in 2020. 

Our asks for the new government

For the last twelve years, we have acted as a critical friend to successive Governments. We support, champion and challenge where required to protect and promote equality and human rights. We will continue this vital role over the course of the next Parliament.

We welcome and congratulate the Prime Minister and his new Government. We're asking them to take ten steps to help create a fairer and more equal Britain.

'The Government has the opportunity to set a positive and inclusive vision for the whole country over the course of the next Parliament. We will offer our help and expertise so everyone has the same opportunity to thrive and fulfil their potential.' 

David Isaac, Chair of the Equality and Human Rights Commission

Our litigation and enforcement policy

We recently published our Litigation and Enforcement Policy, which sets out how we will use our legal powers from 2019 to 2022. It explains what our legal powers are under the Equality Act 2006, what we will use our legal powers for and how we will decide when to use our legal powers.

We have unique powers under the Equality Act to uphold the law on equality and human rights. One of the ways we exercise these powers is by initiating or supporting legal action. Some important recent rulings are below:

European Court of Human Rights ruling that domestic violence victim had her human rights breached by 'bedroom tax' imposition

On 24 October the European Court of Human Rights ruled that a woman (A) who was a victim of domestic violence had her human rights breached due to limitations on the housing benefits people receive if they are considered to have one or more 'spare' bedrooms (often referred to as the 'bedroom tax').

A was at risk from her violent ex-partner, and the attic in her home had been adapted into a 'safe room' so she and her son could seek sanctuary if needed. When new housing benefit regulations were introduced, this 'safe room' was deemed to be a spare room and she was threatened with eviction by her local authority.

 
We intervened in this case with the aim of changing the law so that it has less discriminatory effect on groups sharing a particular protected characteristic.

Local council adoption agency found to have discriminated against British Sikh couple on the grounds of their race

On 6 December Oxford County Court awarded substantial damages to a couple who were told by their local authority that they couldn't apply to be adoptive parents because there were only white children available, after finding that they were unlawfully discriminated against.

Sandeep and Reena Mander, both British born and in their thirties, are of Sikh Indian heritage, although they have no close links to India and have no close family living there. Throughout the process the couple made it clear that they would be delighted to adopt a child of any ethnic background, with or without siblings.

We supported the Manders in this legal action, as this case provides clarification on how adoption agencies and local authorities should operate adoption procedures that don't discriminate on grounds of race. 

Supreme Court clarifies the right of tribunals to uphold the Human Rights Act

On 13 November the Supreme Court ruled in an important case which clarified the right of tribunals to uphold the Human Rights Act.  

RR lives with his disabled partner in a two bedroomed social housing property for which he claims housing benefit. The couple require separate bedrooms because of her disabilities and her need to accommodate medical equipment and supplies.

RR and his partner had their housing benefits limited under the so-called bedroom tax, but a judge at a tribunal found that the regulations were in breach of the couple’s rights under the Human Rights Act and disapplied them.

The Supreme Court ruling clarifies that social security tribunals have the power to disapply regulations which breach the Human Rights Act. We intervened in this case as it has potentially far-reaching implications that could apply to all areas of law where individuals’ cases are heard by tribunals and where there are potential human rights breaches.

NHS apologies to a teenager with autism for inappropriate care after two years in solitary confinement

Following a campaign led by her father and legal action supported by us, St Andrew’s Healthcare, Walsall MBC, Walsall CCG and NHS England have apologised and paid damages to a teenager who has been detained under the Mental Health Act for more than two years, mostly in solitary confinement. 

Bethany, who has autism, was being kept in a secure unit in Northampton, despite the fact she did not have a mental health condition.

Bethany has pathological demand avoidance (PDA), which is characterised by an overwhelming need to avoid or resist demands.

An inquiry by the joint committee on human rights recently warned that the CQC and clinical commissioning groups are not protecting patients with learning disabilities and autism.

We supported this case with the goal of ensuring Bethany is treated with dignity and respect and her human rights are protected.   

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Equality and Human Rights Commission

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