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What's the true significance of the EHRC’s recent report on the hostile environment?
IRR Vice-Chair, Frances Webber responds
What's the true significance of the EHRC’s recent report on the hostile environment?
IRR Vice-Chair, Frances Webber responds
The report is what's termed a Public Sector Equality Duty (PSED) Assessment of the Home Office’s compliance with the Equality Act 2010 – a less rigorous procedure than an inquiry or an investigation into ‘unlawful acts’ defined by the Act, such as discrimination or harassment.
There might have been legal reasons for the EHRC choosing this procedure to look at the legislation which required or enabled others to discriminate (the essence of the hostile environment), as legislation is excluded from the scope of ‘unlawful acts’.
But having found the Home Office broke the law in failing to comply with the PSED, the EHRC has NOT served a compliance notice enforceable by the High Court, requiring action, which it was empowered to do, but instead merely ‘recommended’ that the Home Office agree an action plan
The timing of this report speaks volumes. The Windrush scandal broke in April 2018, two-and-a-half years ago.
Since then, the @HumanRightsCtte, @CommonsHomeAffs, the National Audit Office and the Public Accounts Committee ( @CommonsPAC) have all published highly critical reports
Since then, the @HumanRightsCtte, @CommonsHomeAffs, the National Audit Office and the Public Accounts Committee ( @CommonsPAC) have all published highly critical reports
This is not to mention Wendy Williams’ Windrush Lessons Learned review. https://www.gov.uk/government/publications/windrush-lessons-learned-review
As far back as July 2018, @DLAinfo published its briefing on the hostile environment which, in effect, made a compelling case for the EHRC to take action against the Home Office for breach of the PSED.
Why did it take over 2 years for the EHRC to reach the same conclusion?
Why did it take over 2 years for the EHRC to reach the same conclusion?
For historical context and an in-depth analysis of the EHRC and preceding race relations bodies, read Jenny Bourne's article on the IRR website https://irr.org.uk/article/from-ciac-to-ehrc/
