Fact
File 
The
Commission for Racial Equality has launched its
new statutory code of practice on racial equality
in housing
Building
racial equality in Britain's housing market
The
Commission for Racial Equality launched its new
statutory code of practice on racial equality in
housing on the 2nd October 2006 - a toolkit to eliminate
racism from the housing market.
The
code, which came into force on October 1, offers
best practice guidance to everybody operating in
the housing sector: from housing associations and
estate agents to mortgage lenders and building contractors,
as well as tenants and private landlords.
Trevor
Phillips, CRE Chair said: "There is a long
history of racial inequality in housing. Ethnic
minorities are more likely to be homeless and to
live in overcrowded conditions. Imposed 'segregation'
through housing continues to pose problems for social
integration in some parts of the country and for
many people racial harassment is a continuing reality.
Today,
the CRE is publishes new guidance to address these
issues - drawn up in partnership with an advisory
board of key organisations from the public, private
and voluntary sectors. Following the code's guidance
makes good business sense, will avoid potential
for discrimination and bring an end to poor decisions
which can lead to increased segregation, leaving
communities isolated from the mainstream".
Peter
Bolton King, Chief Executive at the National Association
of Estate Agents represented on the code's advisory
board, commented: "Designing the code to be
a practical document with workable solutions was
a priority for the board. We now have clear guidance
which offers the potential to address racial inequality
without being an additional burden on the sector."
David
Butler, Chief Executive Chartered Institute of Housing
(CIH), said:"As the professional
body representing people who work in housing across
all sectors, and in all parts of the UK, CIH welcomes
the new code of practice on racial equality in housing.
CIH is committed to ensure that good practice is
translated into common practice and the code provides
practical guidance, examples and recommendations
which will help housing organisations promote equality
and diversity."
Key
points of the code:
-
new
sections on homelessness and partnership working
-
new
private sector specific and general summaries
-
50
examples illustrating good and unlawful practice
-
predicted
outcomes following implementation of the code's
recommendations
What's
the aim of this code?
The
Statutory Code of Practice on Racial Equality in
Housing aims to explain the provisions of the Race
Relations Act 1976 that are relevant to the provision
of housing in England, Scotland and Wales.
It
aims to:
-
set
standards for achieving racial equality;
-
provide
practical guidance that will help organisations
and individuals involved in all areas of housing
to avoid unlawful racial discrimination and harassment,
promote equal opportunities for all, and encourage
good race relations; and
-
help
make sure that anyone who is considering taking
a legal case, or who has concerns about the way
decisions on housing matters have been made, understands
the legislation, their rights, and what constitutes
good practice in the field of housing
Who
does it apply to?
This
code will be useful to anyone involved in housing,
as well as to those who make decisions about providing
housing, opportunities for housing and services
related to housing, including developers, tenants
and residents.
It
applies to all providers of housing and related
services in England, whether in the public, private,
or community and voluntary sectors, including landlords,
'arms-length' housing organisations, large-scale
voluntary transfer organisations, planning bodies,
house builders, housing advice providers, private
sellers and estate agents.
The
code covers all forms of housing tenure, including
caravan sites as well as 'bricks and mortar' housing.
It also covers housing provided as part of an employment
contract, for example tied housing, or housing provided
for nurses, police officers or prison officers by
their employers.
What's
its legal status?
The
code is a statutory code. This means it has been
approved by the secretary of state and laid before
parliament. The code's recommendations do not have
the force of law, but they will be used by the tribunals
and courts in considering any questions arising
in proceedings brought under the Race Relations
Act.
Why
was a new code needed?
The
CRE's two previous codes of practice on housing
were issued fifteen years ago. Since then, there
have been several important changes in the way housing
is provided and managed in England. For example,
new social landlords have come into existence; the
housing association and private rented sectors have
grown considerably; the owner-occupied sector has
continued to thrive, with many more organisations
and individuals involved in this market; and the
law on housing has changed.
The
context of racial equality work has also changed.
Since the publication of the original codes of practice,
the Race Relations Act has had two significant amendments;
firstly, the Race Relations (Amendment) Act 2000,
which introduced new statutory duties on public
authorities, and then the Race Relations Act 1976
(Amendment) Regulations 2003, which incorporated
the EU Race Discrimination Directive into UK legislation.
This
new code also takes into account the many important
social and economic changes that have taken place
over the past decade and a half. For example, Britain's
ethnic minority population is no longer the same,
with the arrival of new migrants, including refugees.
Integration and community cohesion have become increasingly
important considerations for housing organisations
and agencies. Also, while there have been improvements
for some ethnic minority groups, significant differences
still persist overall in the type and quality of
housing available to people from ethnic minorities,
who are more likely to live in inferior housing,
and to have fewer opportunities to improve their
circumstances than people from other groups
Background
to the code:
-
The
CRE carried out a three month consultation on
a draft code of practice on racial equality in
housing during the summer of 2005. We held eight
events in England, Scotland and Wales and received
79 questionnaires and 40 written commentaries
from separate organisations containing valuable
feedback.
-
The
CRE was encouraged to update its codes of practice
in employment by the Audit Commission and ODPM.
-
The
revised code of practice is a statutory document
which will be admissible as evidence in cases
of discrimination. It came into force in October
1 2006
-
The
original codes of practice on racial equality
in rented and non-rented housing came into effect
in 1991 and 1992 respectively
-
About
the CRE- The Commission for Racial Equality
-
The
Race Relations Act 1976 makes it unlawful to discriminate
against anyone on grounds of race, colour, nationality,
ethnic or national origins. The Commission for
Racial Equality was established under the Act
to work for the elimination of discrimination,
the promotion of equality of opportunity and good
race relations generally
-
The
Commission can advise or assist people with cases
before courts and employment tribunals and can
conduct its own investigations when it has grounds
to believe discrimination may be taking place.
-
Public
bodies have a duty to eliminate discrimination
in the way they work and to promote equality of
opportunity and good race relations. The Commission
is working to help them deliver this duty.
Information
supplied by The Commission for Racial Equality
More
information on the CRE at:Useful
Websites
See
also Pain Smith Solicitors
Legal Update 24th October 2006 - Code of Practice
on Racial Equality in Housing - Click
Here
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