CRE Code of Practice on Racial Equality in Housing Focus on the private sector

1. CRE Code of Practice on Racial Equality in Housing  Focus on the private sector Nigel Minto Head of Housing � Services and Equalities. London Councils LB Brent Private Sector Forum meeting December 13th 2006

2. 2 Summary of presentation Why was a new code developed? Legal context and status Quick overview of the code Private sector issues Summary

3. 3 Legal context and status � Why a new Code? New housing and equality laws. Changing housing markets. Changing government policies. Employment code in preparation. Continuing but changing patterns of discrimination and disadvantage. Impact of devolution. Implications of �no code�. There have been big changes in the way housing is provided and managed in England, for example, new social landlords have come into existence and the housing association and private rented sectors have grown considerably. Also, important amendments have been made to the Race Relations Act. England�s minority ethnic population has also changed Integration and community cohesion have become increasingly important considerations for housing organisations.There have been big changes in the way housing is provided and managed in England, for example, new social landlords have come into existence and the housing association and private rented sectors have grown considerably. Also, important amendments have been made to the Race Relations Act. England�s minority ethnic population has also changed Integration and community cohesion have become increasingly important considerations for housing organisations.

4. 4 Legal context and status Separate codes for England, Scotland and Wales. Codes to cover all tenures. To set minimum standards for achieving racial equality Increase availability of guidance and good practice advice. To provide practical guidance on avoiding discrimination, promoting equality of opportunity and good race relations. To ensure that potential complainants have good information on expectations. This is the first code of practice that brings together the range of services that fall within the public and the private sector Relevance of the Private Sector Those most vulnerable to racial discrimination occupy private sector rented accommodation, for example refugees and asylum seekers. Status of the Code The Code is statutory. It has been approved by the Secretary of State and laid before Parliament. This means that the Courts must take its recommendations into account in cases brought under the Race Relations Act, if the Code is introduced as evidence and the recommendations it contains appear relevant to matters arising in the procedures. This is the first code of practice that brings together the range of services that fall within the public and the private sector Relevance of the Private Sector Those most vulnerable to racial discrimination occupy private sector rented accommodation, for example refugees and asylum seekers. Status of the Code The Code is statutory. It has been approved by the Secretary of State and laid before Parliament. This means that the Courts must take its recommendations into account in cases brought under the Race Relations Act, if the Code is introduced as evidence and the recommendations it contains appear relevant to matters arising in the procedures.

5. 5 Key aims of the Code Set standards for achieving racial equality Provide practical guidance to avoid racial discrimination & harassment, promote equality for all, encourage good race relations. Ensure that anyone taking legal action, or with concerns about the way decisions are made understands their rights & what constitutes good practice. The good practice referred to in the Code draws on real life best practice in housing organisations and agenciesThe good practice referred to in the Code draws on real life best practice in housing organisations and agencies

6. 6 What the code means for the private sector All housing organisations should � Make racial equality a core value Review and audit their functions to ensure compliance with the Code Demonstrate organisational support for the code (e.g. from senior managers and board) Train staff to provide services of the same standard to all customers Monitor and evaluate their performance Consult on their strategy

7. 7 What the code means for the private sector All housing organisations should- Ensure policies and plans are based on up-to-date racial equality legislation Make sure info about services reaches people from all racial groups Monitor progress against other similar organisations. Chapter 3 of the Code makes recommendations on good practice in 10 key areas of Housing and it also lists the main outcomes that housing organisations can expect to see by following the Code�s recommendations. Chapter 4 gives advice on TRAINING, MONITORING and EQUALITY IMPACT ASSESSMENTS. These activities are key to meeting the recommendations.Chapter 3 of the Code makes recommendations on good practice in 10 key areas of Housing and it also lists the main outcomes that housing organisations can expect to see by following the Code�s recommendations. Chapter 4 gives advice on TRAINING, MONITORING and EQUALITY IMPACT ASSESSMENTS. These activities are key to meeting the recommendations.

8. 8 What the code means for the private sector - Key potential areas of discrimination & disadvantage Does the organisation have policies for dealing with discrimination? Is the organisation aware of clients being discriminated against by employees or other service users? Racial Harassment: Does the organisation know what the law is, how to report the problem or get help to resolve it? It would not be acceptable to ignore reports of racial harassment. A Housing organisation or provider of housing services will be liable for any acts of discrimination done by their employees in the course of their employment. It would not be acceptable to ignore reports of racial harassment. A Housing organisation or provider of housing services will be liable for any acts of discrimination done by their employees in the course of their employment.

9. 9 What the code means for the private sector - Key potential areas of discrimination & disadvantage Are all applicants regardless of racial group given access to the same info? Can speakers of other languages use the services at all? Have religious/cultural considerations been made for the way services are delivered? For example, does the service provider know how to find an interpreter in an emergency? For Example, asking tenant to empty bins on a special day in the religious calendar, allowing certain pets, where they may come into contact with neighbours.For example, does the service provider know how to find an interpreter in an emergency? For Example, asking tenant to empty bins on a special day in the religious calendar, allowing certain pets, where they may come into contact with neighbours.

10. 10 What the code means for the private sector :Some case studies Harassment defined as �unwanted conduct that has the purpose or effect of violating a person�s dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.� Example A tenant brings a complaint of racial harassment against his landlady, when she persists in making racially offensive remarks to him despite his attempts to explain his unhappiness. Victimisation Where �a person is treated less favourably for having made a complaint of racial discrimination or given evidence or info in a race discrimination case� Example A landlord dismisses a temporary worker who has informed the CRE that a manager instructed staff not to let properties to applicants of east European origin, because �they were all time-wasters and would not pay their rent on time� These examples are very straight forward. This is deliberate. But in real life, we appreciate that things can be a lot more complicated.These examples are very straight forward. This is deliberate. But in real life, we appreciate that things can be a lot more complicated.

11. 11 What the code means for the private sector: Some case studies Example The CRE issued a non discrimination notice to an accommodation bureau when it found that it had accepted and acted on discriminatory instructions from white landlords to withhold details of their properties from black applicants. Example The court found that an estate agent had discriminated on racial grounds by refusing to arrange a property viewing. (the applicant was suspicious of the reason given and arranged for four other minority ethnic applicants to request appointments to see the property (Yousaf v The Robb Estate Agency and others, Paisley Sheriff Court, 1977) These are real life cases.These are real life cases.

12. 12 Benefits of the Code for the Private Sector The Code should help private organisations to: Understand their obligations under the Race Relations Act 1976 (RRA) Reduce the risk of legal liability and costly disputes Empower private companies to deliver services fairly to all clients Avoid unwittingly discriminating against clients renting, buying or occupying premises Being taken to court or having disputes can be very expensive and can ruin an organisation�s reputation. Being taken to court or having disputes can be very expensive and can ruin an organisation�s reputation.

13. 13 Benefits of the Code for the Private Sector The Code should help private organisations to: Identify opportunities to deliver high quality services that meet the needs of all racial groups in the community Build a reputation as an organisation that provides fair and useful services Develop policies that further enhance their good reputation and attract clients from all ethnic and racial groups

14. 14 Summary The Code of practice on Racial Equality in Housing is: A statutory Code, approved by the Secretary of State and laid before parliament Designed to help the private sector to understand its legal obligations under the Race Relations Act 1976 Useful as a handbook to develop sound policies and avoid unwitting discrimination Intended to help people experiencing discrimination to fight for their rights under the law

15. 15 Summary It makes good business sense to promote race equality: Supporting good race relations enhances an organisation�s reputation A reputation for good race relations suggests good practice overall Good race relations attracts good clients The recommendations in the code may also be and be seen to complement initiatives taken in other areas of equality The recommendations in the code may also be and be seen to complement initiatives taken in other areas of equality

16. 16 Further information www. Londoncouncils.gov.uk www.cre.gov.uk www.brent.gov.uk/comsafe.nss cst@brent.gov.uk Brent Housing Partnership (BHP) hotline for hate crime is 020 8451 5050 BHP�s Antisocial Behaviour team can be called on 020 8937 2952 www.brent.gov.uk/comsafe.nss Council�s webpage which provides all sorts of useful links on harassment and hate crime cst@brent.gov.uk This is the Email address for Brent�s community safety teamwww.brent.gov.uk/comsafe.nss Council�s webpage which provides all sorts of useful links on harassment and hate crime cst@brent.gov.uk This is the Email address for Brent�s community safety team