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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