Ealing Council, whose new funding policies threatened the survival of long-standing domestic violence support group Southall Black Sisters (SBS), has capitulated following a legal challenge at the High Court.
The Equality and Human Rights Commission (EHRC) intervened in the case, arguing that the Council had not taken proper steps to determine the impact of proposed funding changes, and the decision could be unlawful.
The new criteria originally required those applying for funding to provide domestic violence services to all people in Ealing 'irrespective of gender, sexual orientation, race, faith, age [and] disability' for the same amount of money that had previously been given to SBS. This would effectively result in less funding for the highly specialised services targeted at ethnic minority women offered by SBS. The new criteria was challenged in the courts by two users of SBS.
The EHRC argued that Ealing Council had failed to:
- Discharge their legal obligations under the Race Equality Duties to assess the impact of changes in funding criteria.
- Understand the correct interpretation of section 35 of the Race Relations Act 1976, which allowed for the targeting of domestic violence services to particular 'hard to reach' communities as a form of lawful positive action to achieve equality and encourage integration.
The EHRC also submitted to the court that funders must recognise that the drive to promote community cohesion and integration wasn't in conflict with the equality duties if both were considered properly at the right stage to reach balanced conclusions.
Ealing Council conceded the claims during the hearing, accepting that the Commission's position on the laws that apply was in fact correct. The effect of this is that they will need to go back to the drawing board to re-consider the funding criteria and the process for inviting competitive bids for domestic violence services.
In handing down a statement, Lord Justice Moses thanked the EHRC for its useful intervention. In the statement he said:
'Ealing now acknowledges that the EHRCs views of section 35 are correct (see notes to editors). There is no dichotomy between social equality and cohesion and the provision of services to a minority. Ealing’s mistake was to believe that the provision of services from such a source would preclude social cohesion. It now appreciates that it was in error and that in some circumstances the law and the code can only be met by the provision of specialist services.'
John Wadham, group legal director at the EHRC, said:
'This is a fantastic outcome for Southall Black Sisters, the women they serve, and other providers of specialised services to support victims of violence around the country. They are a beacon of support at a time when services are dwindling.
'I'm confident the outcome of this case will send a strong signal to other councils around the country. They must ensure funding decisions are fair and lawful. This includes conducting timely and appropriate Equality Impact Assessments in advance that access the effect their decisions may have on certain groups and communities.
'The needs of specific groups, such as ethnic minority women, do not necessarily take second place to fostering community cohesion. There is often a balance to be struck based on evidence of need on the ground and, if approached properly, both can be achieved.'
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Notes To Editors
In November 2007, the Equality and Human Rights Commission (EHRC) and the End Violence Against Women coalition (EVAW) published a report called ‘Map of Gaps’. This revealed a ‘postcode lottery’ in the UK for women seeking to gain access to specialist services. It showed:
- A third of local authorities across the UK don't have support services for female victims of violence;
- Only one in 10 local authorities have services for black, minority and ethnic women that address issues like forced marriage and 'honour crimes';
- Most women in the UK don't have access to a Rape Crisis Centre, which have been closing at an alarming rate with only 38 affiliated Rape Crisis Centres left in England and Wales; there are no funded Rape Crisis Centres in Northern Ireland;
- Scotland is the only part of the UK where Rape Crisis Centres have been expanding not closing - this is as a result of ring-fenced funding.
A follow-up report will be published in November 2008. This will highlight where there are still gaps in service provision and will make strong recommendations on what needs to be done to resolve the problem.
Section 35 Race Relations Act 1976
This provides it is not unlawful to afford persons of a particular racial group access to facilities or services to meet their special needs in regard to their education, training or welfare etc.
Section 71 Race Relations Act 1976 (the Race Equality Duties)
The public sector duties require all listed public authorities (including local authorities) when carrying out their functions to have due regard to the need to eliminate unlawful racial discrimination, and to promote equality of opportunity and good race relations between person of different racial groups.
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.
The Equality and Human Rights Commission 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 Equality and Human Rights Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourage compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.