Judges have interpreted the law too narrowly in religion or belief discrimination claims, the Commission has said in its application to intervene in four cases at the European Court of Human Rights all involving religious discrimination in the workplace.

If given leave to intervene [1] , the Commission will argue that the way existing human rights and equality law has been interpreted by judges is insufficient to protect freedom of religion or belief.

It will say that the courts have set the bar too high for someone to prove that they have been discriminated against because of their religion or belief; and that it is possible to accommodate expression of religion alongside the rights of people who are not religious and the needs of businesses [2].

The Commission is concerned that rulings already made by UK and European courts have created a body of confusing and contradictory case law. For example, some Christians wanting to display religious symbols in the workplace have lost their legal claim so are not allowed to wear a cross, while others have been allowed to after reaching a compromise with their employer.

As a result, it is difficult for employers or service providers to know what they should be doing to protect people from religion or belief based discrimination. They may be being overly cautious in some cases and so are unnecessarily restricting people’s rights. It is also difficult for employees who have no choice but to abide by their employers decision.

The Commission thinks there is a need for clearer legal principles to help the courts consider what is and what is not justifiable in religion or belief cases, which will help to resolve differences without resorting to legal action. The Commission will propose the idea of ‘reasonable accommodations’ that will help employers and others manage how they allow people to manifest their religion or belief.

For example, if a Jew asks not to have to work on a Saturday for religious reasons, his employer could accommodate this with minimum disruption simply by changing the rota. This would potentially be reasonable and would provide a good outcome for both employee and employer.

John Wadham, Group Director, Legal, at the Commission, said:

'Our intervention in these cases would encourage judges to interpret the law more broadly and more clearly to the benefit of people who are religious and those who are not.

'The idea of making reasonable adjustments to accommodate a person’s needs has served disability discrimination law well for decades.  It seems reasonable that a similar concept could be adopted to allow someone to manifest their religious beliefs.

The intervention follows a report for the Commission which found that many people do not understand their rights around religion or belief.  The Commission is concerned that this could be preventing people from using their rights.

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors [1] Interventions

The Commission has sought permission to intervene in the following cases to be heard in the European Court of Human Rights:

• Nadia Eweida & Shirley Chaplin against the United Kingdom (Application numbers 48420/10 and 59842/10)
• Lillian Ladele and Gary McFarlane against the United Kingdom(Application numbers 51671/10 and 36516/10)

The UK Parliament has recognised the value of the Commission’s expertise, imposing on it an obligation to intervene in certain legal proceedings by virtue of section 30 of the Equality Act. When intervening, the Commission acts as an independent party providing expert advice to the court. The Commission takes a strategic approach when deciding to intervene.  It will generally intervene in cases where it can use its expertise to clarify or challenge an important area of the law.  The cases generally involve serious matters of public policy or general public concern.  The outcome of these cases often has a wide impact as they set precedents to be followed by the lower courts.

[2] Legal framework for religion or belief protection

The law protects people who do not have a religious belief, such as atheists or humanists, as well as people who have a religious belief. People are protected from discrimination based on their religion or belief in many settings, such as when shopping, eating out or playing sport as well as at work. Religion or belief is specifically protected by the Equality Act 2010. People were protected from religious discrimination in the workplace from 2003 and in the provision of goods and services from 2006. The Human Rights Act 1999 gives people an absolute right to 'freedom of thought, conscience and religion' but notes there can be justifiable limitations to people’s right to manifest their religion or belief.

The Equality and Human Rights Commission

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

A new report from the Equality and Human Rights Commission looking at careers education and guidance shows there is an aspiration gap for some young people and identifies specific barriers facing different groups.

The report provides strong evidence that careers education and guidance affects the aspirations, subject, career choices and future pay and progression for different groups of young people.

The Commission’s review of equality “How Fair is Britain?” demonstrated that one of the drivers for positive equality outcomes is good quality careers education and guidance.

But evidence in this new report shows that the influence of careers education and guidance is weak at present. It shows that provision varies due to confusing requirements, weak inspection and insufficient teacher training.

The report indicates that careers education and guidance is failing some young people, particularly disabled people, women and ethnic minorities, either because it doesn’t meet their needs or does not effectively challenge stereotypical thinking.

As a result, some industries have skills shortages, for example through women not choosing to study science, technology, engineering or maths subjects.

It says that more work needs to be done to ensure that the high aspirations evident among so many young people, particularly those from ethnic minorities, are not dampened by fear of discrimination and by disadvantage.
The report recommends that:

• schools be required to ensure all students get careers education that raises aspirations and addresses equality issues;
• career education should start in primary school to tackle inequalities;
• the education sector works closer with parents and with businesses, so that students have a genuine idea of the career paths available to them;
• careers education and guidance is inspected, so that progress can be properly monitored and its effectiveness measured against choices, progression and post-school destinations for different groups.

These recommendations mirror those made by the Commission in its submission to the Government on the Education Bill.

Alan Christie, Director of Policy, for the Commission said:

“Good careers and education guidance, built on an understanding of different and specific needs, can be influential in changing lives. Raising the ambitions and skills of young people could also help work places recruit from a wider pool of talent.

“Schools should have statutory duty to secure independent, impartial careers support for pupils, as in the Education Bill, but we also want there to be a requirement to challenge stereotypes and raise aspirations for different groups of pupils.”

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

Download: All things being equal? Equality and Diversity in careers education, information, advice and guidance (PDF)

The evidence based report focuses on young people across the equality strands, including gender, race, disability, sexual orientation, religion or belief and groups including Gypsy, Roma and Travellers (GRT), young people not in education, employment or training (NEET) and teenage mothers. The research also looks at how socio-economic status affects aspirations and achievement. The evidence includes a review of data and literature and interviews with careers services, employers and other stakeholders. The research was carried out by the University of Derby’s International Centre for Guidance Studies (iCeGS) and the National Institute of Economic and Social Research (NIESR).

Education Bill

Read the Commission’s parliamentary briefing on the Education Bill

The Equality and Human Rights Commission

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

 

New health commissioning bodies should learn from the mistakes of their predecessors and take steps to meet their obligations under equality legislation to make a real difference to health outcomes according to the Equality and Human Rights Commission.

The Commission undertook a study assessing the performance of a sample of Strategic Health Authorities and Primary Care Trusts in England with regard to the race, gender and disability equality duties. It found that many bodies were not taking sufficient action to address the diverse needs of people in Britain and to protect the rights of disadvantaged groups.

The Commission concluded that without a major re-think by new health bodies on how they tackle discrimination and advance equality some groups will continue to experience poorer health. For example:

• Men are less likely to report health conditions than women, leading to worse implications for their health;
• Infant mortality is higher than average among Black Caribbean and Pakistani groups;
• Muslim people tend to report worse health than average; and
• Women report higher incidences of mental health conditions.

The Commission’s recommendations include a requirement that health authorities collect data to ensure they have the right evidence base on which to make decisions, and provide guidance to the people making decisions about commissioning.

Until April 2011, health bodies in England were subject to equality duties regarding race, disability and gender. This meant that public authorities had to take steps to tackle discrimination and promote equality amongst the people they serve. The duties were replaced by the public sector equality duty in April 2011 which covers a wider range of groups such as age, religion or belief and sexual orientation.

Andrea Murray, Director of Policy at the Equality and Human Rights Commission, said:

“The introduction of the new equality duty and the reorganisation of the NHS is a good time for health bodies to re-think their approach to equality. Our research shows that many health organisations see equality as a box ticking exercise, and few were able to show they have used the duties to make a real difference to the health outcomes of particular groups.

“Acting upon the equality duty will help health organisations to develop effective services that meet patients’ needs, improve the health of the population and tackle disadvantage faced by particular groups.”

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to Editors

Download:  The performance of the health sector in meeting the public sector equality duties: moving towards effective equality outcomes (PDF)

In April 2011 the existing equality duty was replaced a new duty. The new duty covers the protected characteristics of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. See: Public sector equality duty

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

John Wadham, Group Director, Legal, at the Equality and Human Rights Commission, said: 

'We are disappointed with today's ruling which is a significant setback for people who receive care in their home. Ms McDonald is not incontinent, however this judgment means she will be treated as such. 

'Local  authorities will now have greater discretion in deciding how to meet a person's home care needs and will find it easier to justify withdrawing care.  This means that older people's human rights to privacy, autonomy and dignity will often be put at serious risk.

'The Court has missed a significant opportunity to interpret the law to protect some of the most vulnerable people to harm in society.  The Commission's inquiry into care in the home has already highlighted some of the problems with the current system of home care.  This judgment will only fuel those problems.'

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

Notes to Editors

The Commission funded the Disability Law Service to continue with Miss McDonald’s appeal at the Supreme Court. For a copy of the judgment go to: http://www.supremecourt.gov.uk/news/latest-judgments.html 

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals. 
 

The public sector equality duties are helping schools in England and Wales to improve outcomes for their pupils, according to research released today by the Commission.

Most schools (93 per cent) can describe something they have done to meet the disability equality duty which has contributed towards positive outcomes for pupils. For example, more than half of schools (54 per cent) have taken steps to make their facilities more suitable for disabled pupils, or have plans to do so.

Nine out of ten schools said they had made measurable progress in meeting the race equality duty, including organising cross-cultural events and tackling racist bullying. The majority (82 per cent) had taken measures to meet the gender equality duty, and had seen improved participation in clubs and activities by both sexes, for example. Gender equality appears to be the least well-developed area, with three in five schools (59 per cent) saying that they do not have an action plan with set targets for this.

Fewer than four in ten schools (38 per cent) were aware of the new public sector equality duty which was introduced earlier this year as part of the Equality Act 2010. This extends their existing equality duties for gender, race and disability into new areas. Limited progress has been made on equality issues like sexual orientation, gender re-assignment and maternity and pregnancy. This indicates that schools have a steep learning curve following the introduction of the new legislation.

Previous research by the Commission has highlighted key equality issues in education, including stereotypical subject and career choice for girls and boys, identity based bullying and disproportionate exclusions for different groups of pupils [1].  The Commission hoped to see many more schools expressing concern about these issues in their responses than actually did so [2].

Sheila Kumar, Group Director of Regulation at the Commission, said:

'This research shows that schools are thinking about the diversity of their pupils and how to meet their needs, and that they are seeking to improve outcomes for different groups. Schools have a vital role to play: the Commission's Triennial Review showed that inequalities distort educational outcomes, which in turn affect long term life chances.

'This is a clear indication that the new public sector equality duty can help schools make real progress in improving life chances for all pupils. It proves that the duty is not about ticking boxes – it’s about concrete results.

'All schools – be they academies, free schools or comprehensives – now need to take this progress to the next level by taking a systematic approach and using the evidence available to tackle key inequalities and engaging with the new requirements in areas including religion or belief and sexual orientation.'

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to Editors

[1] EHRC (2010) Triennial Review; Tippet et al (2010) Prevention and Response to Identity Based Bullying.

[2] Schools were asked to identify one example of gender, race and disability equality that had contributed to measurable improvements in outcomes for pupils. Given that schools’ responses were unprompted and ‘top of mind’ at these questions, it is possible that schools were undertaking more equality-related activities than indicated by the research (including activities relating to these issues).

The research was undertaken by Ipsos MORI for the Equality and Human Rights Commission. It included telephone interviews with staff in 503 maintained primary schools, secondary schools, special schools and Pupil Referral Units in England and Wales, conducted between 7 June and 20 July 2010, as well as 11 in-depth interviews with schools and one full-day case study visit. The data were weighted by school type and region at the analysis stage to ensure the findings reflected the profile of maintained schools in England and Wales. Further information on the technical details can be found in the full report: http://www.equalityhumanrights.com/advice-and-guidance/public-sector-equality-duty/research-on-the-duties/#The_equality_duties_and_ schools_report.

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Equality and Human Rights Commission will tomorrow argue that the Government’s guidance, which sets out the approach that British intelligence officers should take in seeking information from people held by authorities overseas, is not consistent with either domestic or international law.

The guidance was published following evidence that UK security and intelligence officers involved in counter terrorism operations may have been complicit in the torture of detainees by foreign governments.

The guidance sets out the steps which must be taken by British intelligence officers before they interview detainees held by authorities overseas, seek intelligence from detainees in the custody of foreign countries or solicit the detention of a person by a foreign country.

The guidance provides that officers cannot proceed with any of the actions if they “know or believe” that torture will take place. However, there is no such prohibition where the officer knows there is a “serious risk of torture”. In these cases, the guidance suggests that the officer can proceed provided the risks can be mitigated through “caveats or assurances” or if Ministers have been consulted.

The Commission will argue that the guidance leaves officers in the field with the mistaken and unintended expectation that they will be protected from personal criminal liability in situations where they may, unwittingly, be liable for crimes.

The legal action is being taken against the Prime Minister and three others, including the Secretary of State for Defence.

The Commission wrote to the Prime Minister in September 2010 asking him to bring the guidance in line with the Government’s own commitments. When no answer was received, the Commission filed judicial review proceedings.

John Wadham, Group Director Legal, at the Commission said:

“No one would deny the vital role that intelligence gathering plays in counter terrorism. However, intelligence tainted by torture comes at a price; a price that Britain should not be willing to pay.

“The Government needs to ensure that its own commitments are reflected fully in the guidance to officers in the field so they can be sure of their position.”

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

The hearing of The Equality and Human Rights Commission and The Prime Minister and Secretary of State for Foreign and Commonwealth Affairs, Secretary of State for the Home Department and The Attorney General will take place at the Royal Courts of Justice on The Strand from Tuesday 28 June to Thursday 30 June 2011.

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.
 

The Equality and Human Rights Commission today issues its Annual Report and Accounts for 2009/10.

Over the 12 months covered by the report the Commission's achievements included:

• Successfully intervening in important legal cases which extended the protection available to millions of disabled people;
• Carrying out an inquiry into gender discrimination in the financial services sector, which revealed for the first time the true scale of the gender pay gap; our proposals for addressing the gap have the potential to benefit half a million women;
• Carrying out an inquiry into recruitment and employment practices in the meat and poultry processing industry - the findings of which have been taken forward by an industry working group;
• Developing codes and guidance on the Equality Act 2010, which will enable the courts to interpret the new legislation and provide practical information for individuals and organisations to understand their rights and responsibilities under the new legislation;
• Publishing a landmark research report revealing how police forces are using stop and search tactics disproportionately, which has subsequently led to agreements with several forces whose figures have now improved;
• Calling on government to re-examine policy proposals which would infringe on individuals' human rights, including protection for British armed forces personnel when serving abroad, guidance on evidence extracted by terrorist suspects who may have been tortured, and the use of body scanners in airports.

In his report, the Comptroller and Auditor General outlines four issues which have led to the National Audit Office's decision to qualify the Commission's accounts. These are: irregular expenditure as a result of a breach of pay remit; irregular expenditure as a result of breaches of procurement delegations; irregular expenditure as a result of a breach in the losses delegations; and insufficient evidence to support the regularity of expenditure on legal grants.

However, the NAO recognises that many of the problems leading to qualification have their origins in the rushed start up of the Commission and states that it is pleased to recognize that the Commission has continued to make improvements to its management and financial controls.

Changes already in place include stronger board mechanisms and new senior managers with stronger financial experience; new internal auditors; a new procurement policy with mandatory training for all staff before they are allowed to procure goods or services; and a new system to ensure grant recipients account fully for how their monies are spent and what outcomes are achieved.

The Commission is committed to delivering value for public money and very much regrets the fact that its accounts have been qualified.  It has just appointed a new, permanent CEO with a mandate to move quickly forward with plans already in place for extensive reform.

These reforms will allow the Commission to build on its successes, remedy the shortcomings of the past and fulfil its vision of an accountable and independent public body working with, and through, other organisations to be an ambitious catalyst for social change in Britain.

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For more press information contact the Commission's media office on 020 3117 0255, out of hours 07767 272 818.
For general enquiries please contact the Commission's national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

The Commission's Annual Report and Accounts can be found at: http://www.equalityhumanrights.com/about-us/corporate-reporting/annual-reports

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals. 
 

A review of research evidence commissioned by the Equality and Human Rights Commission indicates there are different perceptions about the legal protections for religion or belief and about the level of discrimination towards different religions or beliefs.

Evidence in the report shows that people’s understanding of their rights around religion or belief is not always matched by recent changes to equality law. The Commission is concerned that this could be preventing people from using their rights.

People are protected from discrimination based on their religion or belief in many settings, such as when shopping, eating out or playing sport as well as at work. The law protects people who do not have a religious belief, such as atheists or humanists; as well as people who have a religious belief.

Religion or belief is specifically protected by the Equality Act 2010. People were protected from religious discrimination in the workplace from 2003 and in the provision of goods and services from 2006.

Chair of the Equality and Human Rights Commission, Trevor Phillips said:

"Our business is defending the believer. The law we're here to implement recognises that a religious or belief identity is, for the majority of people in Britain, an essential element of being a fulfilled human being and plays an important part in our society.

"Religion or belief is as much part of our identity as other characteristics such as race, gender, or being a parent. People should not be penalised or treated in a discriminatory way because of it.

“My worry is there are people who may feel they're being treated unfairly because of their faith and who in fact may be being treated unfairly because of their faith but for some reason feel they can't get our support in getting justice.

“We’ve already undertaken a number of legal cases about religion or belief discrimination, but want to do more to build a body of case law in this area. We are in the process of meeting with faith and belief groups to get a better sense of what the issues are for their members.”

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

View the report: Religious discrimination in Britain: A review of research evidence, 2000-10 by Paul Weller of the University of Derby 

The Commission’s statistical briefing paper on Religion or Belief is also available.

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

In response to Mr Philip Davies comment that disabled people could be paid less than the minimum wage, a spokesperson for the Equality and Human Rights Commission said:

"This is nonsense. It shows a total lack of understanding of the abilities and aspirations of Mr Davies' disabled constituents. Is he arguing that Richard Branson, by definition, is less productive than people who don't have dyslexia? Or that Winston Churchill was unfit to run the country because of his depression?

"Disabled people have the right to work and to be treated equally in the workplace. As long as people like Mr Davies only see the disability, not the ability, the barriers in society will remain for disabled people.

"Evidence from our inquiry into disability-related harassment suggests that the perpetrators view disabled people as worth less than other people. We will be writing to Mr Davies in due course to remind him of his responsibilities and will be inviting him to attend an evidence session for this inquiry."

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Notes to editors:

• Across Britain, the employment rates of disabled adults are very low with only around 50% employed compared to 79% of non-disabled adults (a difference of nearly 30% in employment rates).
• When disabled people are employed, they are significantly more likely than non-disabled people to work part-time.
• In 2009, 33% of disabled people were in full-time employment, compared to 60% of non-disabled people. The reasons for this (personal choice or discrimination) are not clear.
   

Older people’s basic human rights are being overlooked in the provision of care at home, according to emerging findings released today by the Equality and Human Rights Commission.

The Commission is conducting a major inquiry into home care, which is investigating how well the home based care and support system in England is protecting the rights of people over 65. The full report will be published in November 2011.

In gathering evidence, it has uncovered many worrying cases, for example:

• people being left in bed for 17 hours or more between care visits;
• failure to wash people regularly and provide people with the support they need to eat and drink;
• people being left in soiled beds and clothes for long periods;
• a high staff turnover meaning some people have a huge number of different carers performing intimate tasks such as washing and dressing. In one case a woman recorded having 32 different carers over a two week period.

Major problems in the home care system that have been brought to the Commission’s attention through this inquiry include:

Inadequate time to deliver care
The very brief time allocated to homecare visits – just 15 minutes in a number of cases – does not allow even basic essential tasks to be done properly. As a result people sometimes have to choose between having a cooked meal or a wash. The short visits also mean that staff have to rush tasks like washing and dressing. Older people and care staff alike have expressed dissatisfaction and frustration about this issue.

Lack of control over timing of care visits
Many older people have little or no control over what time the homecare visit happens. As a result, we have heard of people being put to bed at 5pm and not helped to get up until 10am, a period of 17 hours.

Failure to deliver adequate homecare
We have had some reports of neglect, in which people have been left in filthy nightwear and bedding after a homecare visit or without a wash or hair wash for several weeks.

Lack of staff awareness and training
Some older people have described feeling that their privacy and dignity is not respected. For example we have been told about an older person being regularly undressed by care staff in front of his bungalow window, and another person in front of family members, instead of in privacy. A thorough training process would make sure staff took the simple steps required to avoid these basic mistakes. This would have a huge impact on the day to day lives of those they care for.

High staff turnover
The high staff turnover rate impacts on older people. People have described the emotional impact of being washed and dressed by a large number of different people, and having to repeatedly disclose personal information every time a new care worker comes to the house. We will be exploring further the experiences of care workers themselves, together with the reasons for high staff turnover.

Lack of complaints and low expectations
The full extent of the potential human rights breaches is likely to be masked by the fear of complaining and the low expectations about the quality of homecare that many older people believe they are entitled to. One in five older people who responded to the call for evidence said that they would not complain because they didn’t know how to, or for fear of repercussions. In addition, we are exploring what protection and support is in place for whistleblowers who want to expose poor or abusive practices.

Our evidence

The evidence for the inquiry is drawn from several sources including a general call for evidence from older people, families, care workers and NGOs; a targeted call for evidence from government (in progress), regulators and other key organisations; and surveys undertaken with local authorities and primary care trusts, and home care providers. Fifty four per cent of local authorities and 250 home care providers in England participated in the surveys. We received a total of 503 written submissions to our call for evidence.

• 344 responses from individuals (older people, their friends and family)
• 58 from organisations; and
• 101 from home care staff.

Baroness Greengross, a commissioner for the Equality and Human Rights Commission, said:

'Many older people up and down the country receive good quality care from committed, respectful care workers. But our evidence suggests that in some places care workers are faced with too much to do, in too little time, sometimes without proper training. This is causing standards to slip and is placing older people's human rights to privacy, autonomy and dignity at risk, sometimes in very serious ways.'

Ends

For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to Editors

The Commission is undertaking an inquiry into the protection and promotion of human rights of older people in England who require or receive home-based care and support. This was launched in November 2010 and is expected to be reporting before the end of 2011. View our inquiry into home care for older people.

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

In response to the ruling of the Court of Protection in the case of the London Borough of Hillingdon v Steven and Mark Neary, John Wadham, Group Director Legal at the Equality and Human Rights Commission said:

"This is a significant victory for the human rights of disabled people and their carers. The Commission intervened in this case as Hillingdon Council were failing to uphold Steven's human rights. He, like everyone else, has a right to personal freedom and a family life and the state should not take away this without good reason.

Public bodies – such as care providers and hospitals - must pay better attention to the human rights of people in their care if they are to protect vulnerable adults and improve service standards." 

Background

Steven Neary is 21 and lives with his father.  He has childhood autism and a severe learning disability. 

In this case Hillingdon Council accepted him into respite care for a few days at the request of his father and then kept him there for a year.  The question for the Court was whether this was lawful.

The Commission intervened in the case.

The Court decided that the Council had breached Steven’s human rights.

Full details of the judgment can be found on the BAILII website. 

Human Rights Act

The Human Rights Act sets out the obligation that public bodies have to ensure that people's rights are respected in all that they do. It prevents public authorities from taking certain actions and requires them to take proactive steps to prevent breaches of human rights from happening in the first place, no matter who or what is causing the harm.

Equality law expects public authorities to pay due regard to the needs of disabled people under the public sector equality duties. The specific disability duty used in this case has since been superseded by a single public sector equality duty that covers more characteristics that people have. 

> For a copy of the judgment go to the BAILII website: 
http://www.bailii.org/ew/cases/EWHC/COP/2011/1377.html

> More about the Human Rights Act

> More about the right to respect for your private and family life

> More about the right to liberty

> More about the public sector equality duty

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.
 

The Equality and Human Rights Commission today announced the appointment of Mark Hammond as chief executive.

Mark Hammond joins the Commission after an extensive career in local and central government. He was previously chief executive of West Sussex County Council, a post he held from 2004 to 2010. He first joined West Sussex in 2000 as director of environment and development.

From 1985, Mark held a wide range of posts in the Civil Service including private secretary to the permanent secretary at the Department of the Environment; part of the UK team which negotiated the United Nations climate change convention; and the energy, environment and telecoms brief at the British Embassy in Washington.

Commenting, Equality and Human Rights Commission chair Trevor Philips said:

"Mark's appointment as permanent chief executive is a crucial step in the next phase of the Commission's life. We can already count many achievements to our name, including ground breaking legal cases and investigations, but we need to build on those successes - most of all in charting an inclusive path to economic prosperity.

"We've made much progress in modernising the organisation over the last 18 months, and we are now about to start consulting on a new strategic plan to deliver the Commission's vision of improving life for the whole of society.  Mark will be leading the work to create an efficient, effective and creative organisation which can deliver that vision. 

"His extensive experience of delivering large scale organisational change will be vital to us as we look to build on the progress made by his predecessors Helen Hughes and Neil Kinghan. The board is delighted that he will be leading the organisation into this new challenge."

Mark has also been appointed by the Home Secretary and Minister for Women and Equalities as a commissioner and accounting officer.

Lynne Featherstone, Minister for Equalities added:

"It is vital that we have a strong, effective and independent equalities and human rights body. I congratulate Mark on his appointment and am confident that he will work towards delivering this.”

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.
For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to Editors

Mr Hammond was appointed after an open and competitive recruitment process. He will be paid a salary of £130,000.

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals. 

In response to the publication of the Independent Police Complaints Commission report (PDF) into the Pilkington case, a spokesperson for the Equality and Human Rights Commission, said:

"Sadly, this is far from an isolated case. Evidence from our inquiry shows that many disabled people are experiencing harassment and abuse. We will be reporting on our findings in the autumn and making detailed recommendations for public authorities - including the police - and transport providers to help them to better protect disabled people."

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Find out more about the Commission's Inquiry into disability related harrassment.

The Equality and Human Rights Commission today issues its first response to the governments consultation on the Commission's powers and duties.

The Commission welcomes the opportunity to build on the achievements of its first three years, and to address the lessons of its start-up phase. However, it warns that some of the proposed changes are likely to lead to greater uncertainty and increased costs for public bodies and businesses; more litigation and less conciliation in discrimination cases; and the undermining of the government's own new equality strategy.

The Board of the Commission supports the government's aim to create a more modern, focused legal mandate; and strongly endorses the need to strengthen the organisational and financial structure of the body. The Board believes that the Commission's financial and operational independence from government must be protected if it is to be an effective regulator and remain a UN-recognised A status Human Rights Institution.

The Commission's principal concerns are:

• that the governance and financial changes proposed by the government are disproportionate; will involve unnecessarily complicated legal changes and substantial expense to the public purse; distract the Commission from its modernisation programme, which has already reduced its costs considerably; and focus on time-consuming legislative change rather than improved management and accountability
• that the proposed legal changes to the Commission's powers will increase bureaucracy and make litigation more likely, whilst removing its capabilities to help settle disputes without recourse to law; and that the document fails to reduce the burden of red tape on public bodies and businesses by not addressing the cumbersome and bureaucratic requirements associated with the Commission's investigation and enforcement powers
• that the document offers no encouragement to modernise equality work. For example, it does not propose innovative approaches to advice and guidance that would involve the voluntary sector and the "Big Society". It does not consider engaging with the government's agenda of localism and increased transparency or consider the new and very different approaches being developed in Wales and Scotland; and it does not explore ways in which the Commission might raise new income streams, in order to boost its independence and lessen the cost of its operations to the taxpayer.

Trevor Phillips, Chair of the Equality and Human Rights Commission, said:

"We support Ministers' desire for a more focused mandate, and greater effectiveness. We want our equality and human rights work to support Britain's social and economic recovery, not to stand in its way. But the proposals in the government's consultation document as they stand are a missed opportunity to modernise the way that equality law works.

This should be a moment to help the many groups of people who are currently shut out of the labour market by their age or sexual orientation; to continue to force down the pay gap and to increase women's participation at the top of business; and to ensure that organisations like the English and Welsh Defence Leagues do not turn back the clock on the huge progress we've made in community relations.

But instead of modernising the Commission, these proposals risk turning it into an anonymous, cowed, nit-picking compliance factory, remote from the everyday challenges that face ordinary people - the last thing business, the public sector and the victims of discrimination need."

> Find details of our initial response

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For more press information contact the Commissions media office on 020 3117 0255, out of hours 07767 272 818.
For general enquiries please contact the Commissions national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

> Details of the consultation can be found on the Government Equalities Office website

> The Commission's initial response can be downloaded here

Today the Equality and Human Rights Commission has published guidance that explains how human rights law can help Britain's social housing providers deliver the best possible service to tenants.

Human Rights at Home: guidance for social housing providers gives practical advice on how the Human Rights Act relates to issues including allocation of housing, the terms of tenancy agreements, repairs and maintenance, and anti-social behaviour.

While social housing providers are obliged to comply with the Human Rights Act in dealing with their tenants and others, the guidance makes it clear that this law does not give people a right to housing or prevent landlords from taking proportionate action if tenants do not pay their rent or engage in anti-social behaviour.

The guidance shows that respecting the Human Rights Act makes business sense for social housing providers, as it will help them to avoid complaints that could lead to expensive legal proceedings from tenants or criticism from the relevant regulators that could damage their reputation.

This guidance should help social housing providers identify potential human rights issues and take appropriate action without fundamentally changing the way they work.

Helen Hughes, CEO at the Equality and Human Rights Commission said:

Our role as a regulator is to help social housing providers understand what they need to do to meet their human rights obligations. Protecting the human rights of social housing tenants is not just the right thing to do, it also makes business sense.

"Human rights are about treating people with dignity and respect. These values should be the basic standard for any public service. Human rights are particularly important in relation to social housing, as people living in inadequate housing are more likely to have severe ill health, a disability or poor mental health.

The Commission's guidance was produced with expert input from an Advisory Group consisting of social housing providers, representative organisations of social housing providers, central government and key regulators.

> Find out more and download a copy of 'Human rights at Home'

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For more press information contact the Commissions media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission's national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

Download a copy of the guidance: Human Rights at Home: Guidance for Social Housing Providers

Under the Human Rights Act 1998 social housing providers in England, Scotland and Wales carrying out public functions are legally obliged to deliver their services in a way which respects the human rights of their tenants.

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

In response to the retrial of two men suspected of the murder of Stephen Lawrence, Trevor Phillips, chair of the Equality and Human Rights Commission said:

'A resolution from this hearing may help bring some peace to the Lawrence family and remove a stain on Britain's record on tackling racism. The death of Stephen Lawrence, the trial of those suspected of his murder and the inquiry into the police handling of the case mark significant points in the history of race relations in Britain. Not only did these events change the law1 to better protect people from racism, it also marked a huge shift for the better in people's attitudes.'

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Notes to editors

1. Race Relations (Amendment) Act 2000, which is now integrated into the Equality Act 2010.

NB: As the Equality and Human Rights Commission does not have any jurisdiction over matters involving criminal law, it cannot comment on the specifics of the retrial.

The Supreme Court today handed down a decision on the holding of DNA data (PDF on external site).

John Wadham, Group Director, Legal at the Equality and Human Rights Commission said:

"There are more than a million people on the DNA system who have not been charged with a crime, let alone convicted. This puts innocent people at a disadvantage when they are vetted for jobs or if they were to come into contact with the criminal justice system again.

"There have to be clear and justifiable reasons for holding onto the DNA data from people who have not been convicted of a crime. Our view is that the current guidelines for the police are not in keeping with the law and the Supreme Court has confirmed this."

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The legal obligation of the state to investigate deaths in which it may have been involved, has been reinforced by a Supreme Court ruling today.

The Equality and Human Rights Commission intervened in the test case because the landmark decision will apply to other difficult and controversial cases in the UK where the state may have an obligation to hold an inquest.

Under UK and European law the state has a duty both to protect people's lives and to carry out a proper investigation when it may have contravened the ultimate human right - the right to life.

The Supreme Court agreed with the Commission's argument that the European Convention on Human Rights should apply even where the death in question happened before the UK's Human Rights Act 1998 came into force on 2 October 2000.

The Court also made it clear that historic deaths which were not investigated or which were investigated but where the process was not compliant with Article 2 of the European Convention on Human Rights, will not be reopened unless there are exceptional circumstances.

John Wadham, Group Director Legal, at the Commission said:

'Our interest in this case is about the general principles involved, not the specific individuals who died. Where the state may have had a hand in the deaths of people, then the circumstances should be properly investigated and lessons learned where necessary.

'There are often long delays, sometimes years, between an unexplained death and an inquest hearing. This is an issue which we are planning to raise directly with the Government.'

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For more press information contact the Commission's media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission's national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Details of this ruling can be found on the Supreme Court website (PDF).

Notes to editors

The test case relates to the deaths of Martin McCaughey and Dessie Grew who were shot and killed in Northern Ireland in October 1990 by the British Army. It is alleged they were victims of a shoot-to-kill policy and that they were wanted in connection to the IRA. It will now be the subject of an open and transparent inquest following the Supreme Court ruling.

Article 2 of the European Convention on Human Rights sets out a positive duty on the State to protect the right to life, which includes a procedural obligation on the State to take measures to investigate following a death in circumstances where the state may have been involved. Such an investigation is one which is:

• commenced by that State,
• conducted by an independent official body,
• open to public scrutiny;
• effective and independent; and
• the family has a proper opportunity to participate

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Equality and Human Rights Commission has entered into a binding agreement with Thames Valley Police and Leicestershire Constabulary, regarding their disproportionate use of stop and search powers.

This follows an earlier warning given to the forces after the publication in 2010 of the Commissions report, Stop and Think, which found that some police forces are using stop and search powers in a way that is disproportionate and possibly discriminatory.

The Commission's comprehensive review of the use of stop and search powers across England and Wales over the past 10 years showed black people are still at least six times as likely to be stopped and searched compared to white people. Asian people are around twice as likely to be stopped and searched compared to white people.

The report found that Thames Valley Police and Leicestershire Constabulary had significant and persistent race differences in their use of stop and search. Neither force was able to adequately justify and evidence the disproportionate use of their stop and search tactics.

Those forces have now agreed a number of undertakings which the Commission will monitor over the next 18 months.

John Wadham, Legal Director at the Equality and Human Rights Commission said:

'The Commission welcomes the steps that Thames Valley Police and Leicestershire Constabulary have taken to combat the issues around their use of stop and search.

'The power to stop and search people is an important tool in tackling crime. These agreements will help ensure that tool is used in an appropriate way.'

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For more press information contact the Commissions media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commissions national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

1. The majority of stops and searches in England and Wales are conducted under the Police and Criminal Evidence Act (PACE).
2. Figures for stop and search rates for each of the police forces named are available on request from the press office on the above contact numbers or can be found as part of the suite of publications on our website.
3. The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

Today marks a milestone in equality law with the introduction of the new public sector equality duty (PSED). Part of the Equality Act 2010, the PSED will ensure public sector organisations have due regard to the need to eliminate unlawful discrimination, advance equality of opportunity, and foster good relations across all of the protected characteristics.

For the first time, public sector bodies will be required to demonstrate equality across all strands, including age, sexual orientation and religion or belief. This builds on the existing duties relating to disability, gender and race, and improves the coverage in relation to gender reassignment.

The Equality and Human Rights Commission has produced easy to understand guidance to help public authorities fulfil their duties. Many public authorities are already demonstrating progress with equality and have found practical ways to eliminate discrimination in their services or workplace. For these authorities, the only change will be the newly extended protection to other characteristics.

Andrea Murray, the Commission's Director of Policy, said:

'For equality to flourish it is important that public bodies understand the impact of their decisions on all groups in society and that they can be held to account for them.

'The new duty broadens the issues that public bodies have to take into account when making decisions. It requires them to understand the needs of their service users and to reflect equality considerations in their employment practice, the design of policies and the delivery of services.'

For more information on the new laws, go to the Public sector equality duty section.

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For more press information contact the Commission's media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission's national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

The new duty is encompassed in section 149 of the Equality Act 2010.

The nine protected characteristics under the Equality Act 2010 are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

The Commission's guidance can be found in the Public sector equality duty section.

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.