Equality Advisory Support Service (EASS) – 1 Year Anniversary

The EQUALITY ADVISORY SUPPORT SERVICE (EASS) is celebrating the success of its helpline one year since it opened. The only national helpline of its kind, EASS advises individuals who have either been discriminated against or had their human rights breached, specifically by a service provider and/or their employer. October 1st 2013 marks the first anniversary of EASS, commissioned by the Government Equalities Office (GEO) to replace the helpline previously operated by the EHRC.

The Government’s strategy around advice services, such as the EASS, is to continue to fund information and advice to potential victims of discrimination and human rights breaches. A review was conducted by the GEO which concluded that the Government are to commit to ensuring access to justice, and in particular to helping people to resolve their problems informally, before the point at which they would need to seek formal remedies i.e. instructing a lawyer.

In only its first year of operation the EASS helpline has received in excess of 40,000 enquiries. Latest statistics show that 63% of enquiries received by the service relate to disability; 15% of enquiries relate to race, 5% included a human rights related issue. Overwhelmingly, 85% of clients have reported being very satisfied with the help and advice provided to them.

The EASS helpline can be accessed via email, chat, phone, textphone and BSL (British Sign Language), and also offers Welsh speakers. The EASS has a number of strategic partnerships to help meet the needs of its citizens, including the Royal Association for the Deaf, VoiceAbility advocacy services for individuals with a mental health impairment or learning difficulty/disability, and Disability Rights UK (DRUK). Other partnerships comprise of Citizens Advice Bureaus, Law Centre Networks, the Equality and Human Rights Commission (EHRC), and the British Institute for Human Rights (BIHR).

The EASS has continued to provide invaluable support in assisting individuals who have experienced real difficulties. Some glowing examples of the helplines contribution to the public include; a blind man who was stranded at a train station when the audio announcements had been turned off, a wheelchair user who was charged an additional fee by a taxi company for placing her wheelchair in the boot of the taxi, and most recently, a leading retailer refused to serve a disabled customer at the express checkout because her shopping was in a trolley and not a basket.

In all of the above cases the individuals were unsuccessful when trying to resolve their issues at the time of the incident. It was only when they contacted the EASS helpline and spoke to an advisor (specially trained in Equality & Human Rights Law) that they were able to take ownership of the issue and secure a positive outcome, without having to go to court or a tribunal.

Probably the finest example however comes in the form of Mr Wilson and his son Alfie; a real life case study illustrating just how much of an impact the EASS helpline and Government are having:

Alfie is on the Autistic Spectrum, he has high functioning Asperger’s Syndrome which is a form of autism. This is a lifelong disability which affects how Alfie makes sense of the world, processes information and relates to other people. Alfie also has a number of sensory issues which are built around structure and routines.

When Alfie was due to start primary school, Mr & Mrs Wilson completed the relevant admission forms and complied with the LEA’s admissions policy in order to secure a place for Alfie. In addition, Alfie’s parents also sought to include further information about their son’s condition in order to make the transition to primary school as smooth as possible, with minimal disruption to Alfie’s routine and daily structure.

Alfie’s parents provided the Admissions Panel with documentary evidence from Alfie’s healthcare professionals as to why he should be allowed to move up to Primary school with his current set of peers. They stated that moving him to another unfamiliar school, with faces he did not know would cause difficulties in building relationships, an unfamiliar school journey which would trigger a regression in Alfie, as well as causing a set back to his educational attainment by 12 months.

Unfortunately, Alfie and his parents were advised that they did not meet the schools admissions criteria, namely “children with exceptional medical or social needs, supported by written evidence from an appropriate professional”. As far as Mr and Mrs Wilson were concerned they had produced the “written evidence from appropriate professionals”, including Alfie’s Pre-school Key Worker, his Speech and Language Therapist, and Consultant Paediatrician.

Alfie’s parents decided to appeal the decision of the Local Authority and were advised to contact the Equality Advisory & Support Service.

After studying the information, the EASS advised that the selection criteria could be potentially discriminatory under the Equality Act 2010, in particular, because the Local Authorities admissions policy placed Alfie at a ‘substantial disadvantage’ because of his disability. The policy did not take into account the need for Alfie to stay within his peer group, supported by medical information. The EASS advisors also highlighted that the Local Authority had:

·  A duty to consider how their admission criteria indirectly discriminated against a person with Asperger’s, and thus could have been adjusted in order to overcome the substantial disadvantage that Alfie had been placed under.

·  To show that they have applied their admissions policy fairly and proportionately.

·  Taken into account the information that Alfie’s parents had shared with them at the start of the admissions process.

Mr Wilson duly appealed and included this advice in his letter to the Independent Appeal Panel.

On the 17th July 2013 Mr and Mrs Wilson were advised of the successful outcome of their appeal, overturning the original decision and securing a place for Alfie at their preferred Primary school. Delighted with their news, Mr and Mrs Wilson and their son Alfie contacted the EASS to thank Vikki and EASS staff for all their advice and support. Alfie can be seen below celebrating the good news!

In Alfie’s case, and many others, the Equality Advisory & Support Service clearly demonstrates its importance in supporting individuals with their issues, but it can also work highly effectively with organisations to refer individuals for advice. For example, the intelligence which is gathered by the helpline contributes to the survival of smaller organisations by allowing them to free up time and limited resources to concentrate on their areas of expertise. In addition, this knowledge is also shared with EASS partners to ensure it’s availability to help influence policy change and development, building of relationships within their communities, and highlight trends both regionally and nationally.

Many agencies and organisations can benefit from building relationships with the EASS; whether you’re a Local Authority or a Voluntary Advice Agency, the need to use limited resources more prudently during these austere times has never become more essential.

Parts of England, Wales and Scotland all face the same problem and do not have local advice services available within their respective local communities. This co-ordinated approach, in the case of EASS, ‘Working together, achieving equality’, will help to overcome the lack of advice services identified in many parts of the UK, reduce competition for limited local authority funding, and help secure the future of the advice sector and longevity of other local services.

For more information on the Equality Advisory & Support Service please visit our website http://www.equalityadvisoryservice.com/

WORKING TOGETHER, ACHIEVING EQUALITY.