Peaches Geldof, who died on Monday, had become a serious and thoughtful person, and a very good writer. In her memory, we re-publish this powerful piece that she wrote for The Independent, published on 9 October 2012. Happily, Peaches lived to see this battle won, but her message of tolerance, love and decency is still worth reading, and stands as a fitting memorial:
In the summer of 2003 I was 14 years old, and my best friend was a gay boy named Daniel. He was smart, funny and totally unaware of how beautiful he was. Everyone seemed to be in love with him at some point, but he was in love with his school friend Ben.
Every day after classes ended, Daniel, Ben and I would hang out. For a little bit, they could both be funny, bitchy queens in the most unashamed and wonderful way, and all was right in the world. Time would glide. As the years progressed we three drifted our way through youth, our journeys disjointed but always seeming to connect at significant points along the way.
Daniel came out to his parents two years after he and Ben became serious. He was 16. I was there when he told them, I don’t know if he’d planned on me being there for support, he never told me. I sat hiding at the top of the stairs in his house, listening. His mother laughed, I’d always loved her laugh, it sounded musical, like bells ringing, and I remember that laugh was just full of love in that moment, and she said to him she’d always known and how happy she was that he had experienced love and it didn’t matter who with. His father echoed her sentiments entirely and I heard the intake of breath that always seems to precede a meaningful hug.
Back in his room, his face seemed different somehow. Where once his eyes had seemed to me to be restless and distant at times, now they just shone. His whole face shone, with this pure elation, and in that ephemeral moment I realised how these revelations people make to the ones who mean something to them, can make a person into something great or break them entirely.
Accept and respect
And Dan was made in that moment. He was whole. I remember vividly having this weird image in my head of the old Disney movie of Pinocchio, where the good fairy turns him into a real boy. And looking back I guess Daniel had been exactly that, just wooden, all that time before. I learned that day that all you really need to do to make someone happy is to accept who they really are, and respect who they are.
Weeks passed and Ben still hadn’t participated in the big coming out party. Where once our after-school hangouts had been easy, effortless fun, now they seemed tense. Instead of Ben and Daniel’s relationship becoming more open, it seemed all the more clandestine. They both confided in me in emotional, tearful phone calls and I began to feel like the go-between. I was falling into other interests and felt myself pulled in a different direction, away from these boys that were so much a part of me. I started loathing our meetings because I could see how terrified Ben was of revealing himself to his parents, and how Daniel was pushing him to the point where it seemed inevitable that he would just leave.
What he didn’t understand, having never met them due to Ben’s terror of being caught out, was that Ben’s parents were different to his. His mother was, and always had been, a housewife who had raised him, his two sisters and three brothers seemingly without any help as his father, a Protestant priest, had staunchly archaic views on where a woman’s place was. Weeks, months passed. We grew and changed, summers came and went. It was winter two years later when the ultimatum was issued, and by then too much was at stake, and Ben did come out to his parents. I sat there, on the same patch of grass in Cavendish Square, worn down from our school shoes, and my friend wept as the words left his mouth. I grieved for them, knowing I could never take the words back for him myself.
His mother was devastated, his father, in his words, “ruined”. They both told him he was sick and a failure. He left home. How, of course, could he have stayed. I think, after that, Ben hated Daniel a little bit, partly because he had pushed him to come out, partly because he was jealous. But in the end he loved him more, and Daniel’s parents allowed him to move in to their house and live there with him.
Years passed. We had kept in touch by email, but our lives had taken us in different directions and our friendship wasn’t the same any more. It was December, freezing, when I received the invitation to their wedding. They had been living in New York, where gay marriage had been legalised. I was elated. More than that. These boys, who had been such an intrinsic part of my teenage years, were finally getting what they deserved. It was a beautiful moment.
In New York, the snow had covered everything in a soft white blanket, making it new again. As everyone was gathering outside the city hall, I spotted Ben’s parents. They seemed nervous, but they were there. I assumed they had eventually come round to his sexuality, but he later told me they had turned up without telling him. He had sent them an invite, half out of defiance and half out of hope, but had never expected them to be there for him. In that moment I saw how powerful marriage can be.
A nation of dictating pigs
This man, who I loved so much, was marrying his best friend, his soul mate. Taking vows to stand by him until death. And why not? Why, if these two men wanted to be married in the country they were born in, would it only be regarded as a “civil partnership” – a title more insulting than anything else, a half measure. It’s not as if us saintly heteros take the institution of marriage so seriously, is it? A recent study shows same-sex civil partnerships lasting longer than straight marriages, and divorce at a record high.
I have had first-hand experience of how wonderful the introduction of gay marriage has been, and how negative and potentially damaging it is to not allow it, which just breeds more homophobia. For a country and culture that declares ourselves so progressive, our governments, citizens and, of course, our churches, can be small-minded bigots at the best of times. One day we’ll look back on the gay marriage ban as we look back on historical events like apartheid. Because in the end, that’s what it is, pointless, futile segregation. I long for the day when we break free of this Orwellian ridiculousness, a nation of dictating pigs, where “all animals are equal, but some are more equal than others”.
And even if Daniel and Ben’s marriage was a small squeak of opposition drowned out in the roar of prejudice, at least it happened. And it will continue to happen, til death do they part.
Above: Jerry Hicks
The following article from today’s Times requires little comment from me. I am by no means an uncritical supporter of Len McCluskey, but the developments described in the article (which, like previous pieces in the Murdoch press, has clearly been written with the full co-operation of Hicks) vindicate my assessment that Hicks was not worthy of support in last year’s Unite election and is entirely unfit to lead a trade union. If Hicks had any genuine concerns about the conduct of the election, he could have raised them within the union, which whatever its faults under McCluskey is at least a fairly open and democratic organisation. Those leftists (not just the SWP) who supported Hicks should now be hanging their heads in shame. Incidentally, anyone who knows anything about Unite will know that any “phantom voters” would have been, overwhelmingly, from the ex-Amicus side of the merged union – precisely the constituency that Hicks was appealing to in his campaign. A shameful indictment of a man (Hicks) who can no longer be considered even to be a misguided part of the left:
Union leader faces re-election inquiry after ‘ghost’ vote claim
-Laura Pitel Political Correspondent
The head of Britain’s biggest trade union is to face a formal hearing over claims that his re-election to his post was unfair.
Len McCluskey, general secretary of Unite, has been accused of a series of irregularities by Jerry Hicks, his sole rival in last year’s contest.
Most serious is the allegation that ballot papers were sent to 160,000 “phantom voters” who should not have been allowed to take part.
Unite is being investigated by the independent trade union watchdog over the claims. The Certification Office has the power to order a re-run of the race if Mr Hick’s concerns are upheld.
This week it announced a formal hearing into the claims, provisionally scheduled for July.
Mr Hicks, a former Rolls-Royce convenor who was backed by the Socialist Workers Party, believes that Unite’s decision to include 158,824 lapsed members in last year’s vote was in breach of the rules. The charge emerged after the discovery that there was a mismatch between the number of people granted a vote and the number of members cited in its annual report.
It has been claimed that some of those who were sent a ballot paper for the election, which took place in April 2013, had not paid their subscriptions for several years and even that some of them were no longer alive. The Times revealed in January that fewer than 10 per cent of the disputed members had renewed their subscriptions.
The hearing will listen to eight complaints, including allegations that Unite resources were used to campaign for Mr McCluskey and that it refused to allow Mr Hicks to make a complaint.
All the charges are rejected by Unite, which says that the rules were adhered to throughout the contest. It argued that it sought legal advice on sending ballot papers to those in arrears with their membership and was informed that excluding those who had fallen behind with their payments would be against the rules.
If the complaint about the disputed voters is upheld, Mr Hicks will have to persuade the watchdog that it could have had a significant impact on the outcome if he is to secure a re-run. Failing that, the ombudsman may instruct the union to take steps to ensure that the breach does not happen again.
The outcome of the vote was that Mr McCluskey won 144,570 votes compared with 79,819 for Mr Hicks.
Mr Hicks said he was “very buoyed up” by the news that he had been granted a hearing. He lamented the low turnout in the race, when only 15 per cent of Unites 1.4 million members voted and said he hoped that his complaints would lead to a more democratic union.
The last time a re-run of a general secretary contest was ordered was in 2011, when Ucatt, the construction union, was found to have sent ballot papers to only half of its 130,000 members.
* the use of alleged “extreme tactics” by trade unions is to become the sole focus of an official inquiry into industrial relations, ministers have revealed (Michael Savage writes).
The investigation, announced last year, was originally ordered to examine bad practices by employers as well as the controversial “leverage campaigns” wages by some unions. However, it will now only focus on the alleged intimidatory tactics used by unions.
Shiraz Socialist has for some time been in possession of documents that seem to show a conspiracy by Islamists to exploit the Tories’ academy programme in order to take over schools. We have, up until now, refrained from using this material or commenting upon it, because we were not clear on its provenance and not satisfied of its authenticity. There must, properly, be the suspicion that the documents have been faked in order to stir up anti-Muslim feeling. However, this material is now in the public domain (the Birmingham Mail, the Independent, the Daily Mail and the Times have all carried articles), so we’ve decided it’s time for us to cover the story.
Firstly, what do the documents contain?
The documents’ central and most alarming content is what seems to be a letter from a Birmingham Muslim fundamentalist to a co-thinker in Bradford.
This details a five-point guide called ‘Trojan Horse’, for taking over schools and urges the rolling out ‘Trojan Horse’ to Bradford and then Manchester, boasting that considerable success has been achieved in schools in predominantly Muslim areas of Birmingham
The documents outline alleged successful plots carried out against a number of Birmingham headteachers and other members of staff.
The documents also give a step-by-step guide for targeting “under-performing” schools with dirty tricks methods, involving the spreading of lies about the school heads.
The recipient is first urged to identify any Salafi (ie: hard-line fundamentalist) parents sending pupils to the school.
‘They are always the most committed to the faith and are hardliners in that regard and once charged up they keep going for longer,’ says the letter.
‘When the parents have been identified, we start to turn them against the headteacher and leadership team.
‘The only way to do this is to tell each parent that the school is corrupting their children with sex education, teaching about homosexuals, making their children pray Christian prayers and mixed swimming and sport.
‘If you can get them to be very vocal in the playground as they drop off or pick up their children that will stir up other parents.
‘The parents MUST be given direction and told not to discuss this with anyone, you only need a maximum of four parents to disrupt the whole school, to send in complaints to question their child’s education and to contact their MP and local authority.’
Once the head has been forced out, Islamist governors push through plans to make the schools academies.
The academy status, as promoted by the Tories, allows them to be run out of the control of the local authority, with funding provided direct from central government.
The letter states: ‘’Operation ‘Trojan Horse’ has been very carefully thought through and is tried and tested within Birmingham, implementing it in Bradford will not be difficult for you.’’
Trojan Horse, the letter states, has been fine-tuned so that it is ‘totally invisible to the naked eye and allows us to operate under the radar. I have detailed the plan we have in Birmingham and how well it has worked and you will see how easy the whole process is to get the whole process is to get the head teacher out and our own person in.’’
The documents propose that schools with poor Ofsted reports and with large Muslim student populations should be targeted for takeover.
They add: ‘’The poor performing schools are easy to disrupt, the better performing with strong head teachers is much harder and so we have to manufacture a strong enough reason, but rest assured we have not failed yet, no matter how difficult removing the head teacher may be. You just have to be clever and find the most appropriate way to deal with the school.’’
The documents add: ‘’This is all about causing the maximum amount of organised chaos and we have fine-tuned this as part of operation Trojan Horse. You must identify what the heads strengths are and build a case of disruption around that.’’
One passage reads: “We have caused a great amount of organised disruption in Birmingham and as a result we now have our own academies and are on our way to getting rid of more headteachers and taking over their schools … Whilst sometimes the practices we use may not seem the correct way to do things you must remember this is a ‘jihad’ and as such all means possible to win the war is acceptable.”
Yesterday’s Times (11 March) drew attention to “glaring errors” in the letter, suggesting that it might be a fake. The main “glaring error” is a reference to the ousting of the former head of Springfield School in Sparkhill/ Moseley, Birmingham. The letter states “We did this perfectly to Noshaba Hussain from Springfield School. However, the Governors reappointed her so now we have another plan in place to get her out.” In fact, Ms Hussain was dismissed in 1994 and was not reinstated. The Times also states that “the crudeness of the apparent forgery is underlined by another error. It identifies two Birmingham schools where the plotters claim credit for removing head teachers late last year. However, the author seems to have muddled up their departure dates.”
The Times goes on to quote Tahir Alam, a former “education chief” at the Muslim Council of Britain, and named in the letter as involved in the plot: “This ridiculous assertion is based entirely upon a leaked document nonsensically referred to as ‘Operation Trojan Horse’ … the authenticity of which any decent and fair-minded person would question and quickly conclude as a hoax. Any reference to me is a malicious fabrication and completely untrue.”
As against this, Shiraz can report that we’ve spoken to a number of teachers from some of the schools named in the documents, and they are of the opinion that the documents are probably genuine – if only because their content tallies with verifiable events in at least two of the schools named in the documents. The former headteacher of Saltley School, Balwant Bains (who we have not spoken to) is reported as saying he was “bullied and intimidated” in the months before he resigned last November after clashing with the school’s governors. The Birmingham Mail (10 March) reported that “Friends claim the respected head, of Sikh origin, was undermined when governors over-turned his decision to expel a Muslim pupil found with a knife. The harassment of Bains included an anonymous text message branding him a “racist, Islamophobic Head teacher.” Five non-Muslim governors of the school have resigned, leaving 12 Muslim governors out of 14. The problems at Saltley School began, according to our sources, when Mr Bains was asked by governors to make curriculum changes, including the scrapping of sex education and citizenship classes because they were allegedly deemed “un-Islamic”. He was, we’ve been told, instructed to introduce Islamic studies into the curriculum and told that only halal food should be served to pupils, even though Saltley is a non-faith school. Mr Bains resigned after an Ofsted report concluded that he had a “dysfunctional” relationship with the school’s governors.
Shiraz has also been told by Birmingham teachers that at another school named in the documents, Adderley Primary, four Teaching Assistants have been forced out following the school’s receipt of resignation letters that the four denied having written. As a result of the ‘Trojan Horse’ documents the police have now re-opened their fraud investigation into the letters. At least one of the Teaching Assistants is now pursuing an unfair dismissal claim.
Shiraz Socialist will be following this bizarre affair and will report on developments. In the meanwhile, whether or not the ‘Trojan Horse’ documents prove to be genuine, what is clear is that the Tories’ academy programme is opening up education to religious fanatics, sectarians and bigots, making a mockery of the government’s proclaimed commitment to social inclusion.
By Jon Lansman (at Left Futures, 22 Jan):
Yesterday [ie 21 Jan], the Scottish police confirmed that they had found “no evidence of any criminality” in their inquiry into the activities of Stevie Deans, who was until three months ago full-time convenor at the Ineos plant at Grangemouth (where he’d worked for 25 years) and Chair of Unite in Scotland as well as the sometime Chair of Falkirk Labour Party.
This is the second time, allegations against Stevie Deans have been investigated and dismissed by the Scottish police, the first referral having come from the Labour Party, the second from INEOS. Unsurprisingly, Unite yesterday condemned the fact that “the police’s time has been wasted by vexatious complaints and their attentions diverted from catching real criminals and solving real crimes“.
Labour regards the whole affair as closed, especially now that Karen Whitefield, the former MSP, has been selected as the Labour candidate for Falkirk, but there is no truth and reconciliation process in Labour’s rule book. Stevie Deans may have lost his job, Karie Murphy denied the opportunity to seek the nomination, Tom Watson lost his place in the shadow cabinet, and hundreds of people recruited to the Labour Party denied any participation in the selection, but no apologies are required it seems.
The whole affair was talked up by politicians (including some then in the shadow cabinet) and bloggers associated with Progress, making allegations of ballot-rigging based on nothing more than rumour and speculation, with the express purpose of persuading Ed Miliband to smash what’s left of union influence in the party.
The Labour Party’s investigators failed to speak to Stevie Deans or Karie Murphy who were suspended without a hearing, on the basis of a secret report, and Unite the Union, and its general secretary, were subjected to months of unjustified abuse.
Ed Miliband, on the back of his condemnation of the “machine politics” he claimed was evident in Falkirk, did indeed propose the most radical change in the relationship between the party and the unions, which he continues to seek in some form in spite of the collapse of the justification for doing so.
Stevie Deans and Karie Murphy deserve some apologies. So do Labour’s affiliated trade unions. And the biggest apologies should come from those associated with Progress.
What we are shortly likely to get instead from those associated with Progress, whatever appears in the Collins report, is criticism of Ed Miliband for not going far enough to smash what’s left of union influence.
The Lib Dem’s present shambles over Lord Rennard is the direct result of a botched attempt to fudge the issue of the sexual harassment allegations against this powerful and influential figure whose behaviour has been covered up by the leadership for years.
The inquiry led by Alistair Webster QC created total confusion – and gave Rennard and his supporters plausible grounds for crying ‘foul’ – by concluding that the case against Rennard was unproven, and yet also calling upon him to apologise in the light of “broadly credible” claims against him by 11 women.
Crucially, Webster’s report (though it hasn’t been seen by Rennard, or indeed Clegg, due apparently, to mysterious “data protection” concerns) seems to have blurred and confused two distinct standards of proof: Webster says the case against Rennard does not satisfy the “beyond reasonable doubt” (ie being at least 99% sure of guilt) standard required for criminal cases, and which is also, it seems, required before disciplinary action can be taken under the Lib Dem’s rules. But Rennard’s supporter and legal adviser Lord Carlile QC claims that Webster told him that even the civil “balance of probability” standard of proof could not be met. This seems incredible, given Webster’s statement that in his opinion “the evidence of behaviour which violated the personal space and autonomy of the complainants was broadly credible.” Remember, that the “balance of probability” test (ie being 51% sure of someone’s guilt) is considered sufficient for an employer to dismiss an employee for gross misconduct and is the test that employment tribunals apply when considering cases.
It turns out that what Webster meant was that he didn’t think there was a 51% chance of satisfying the “beyond reasonable doubt” test, which is, of course, not what the “balance of probability” test means – something that both Webster QC and Carlile QC must surely understand.
With Rennard threatening legal action, 100 women members signing a letter demanding “no apology, no whip” and the party split on generational lines, the Lib Dems are well and truly in the shit over this. Not only has their claim to be a party that takes equality seriously been destroyed: they’ve shown themselves to be a total shower who can’t even organise an effective fudge.
This has appeared at the so-called “Socialist Unity” site:
The triumph of irony
Posted by John Wight on 4 November, 2013
This freak has the cheek to describe the veil worn by some Muslim women as “peculiar”.
JD comments: two rather obvious points appear to have eluded the author of that post:
1/ Mr Clarke is not appearing as the defendant in a court of law (though perhaps he should – an entirely different matter)
2/ You can see his face (ridiculous garb notwithstanding).
The snappily-named ‘Transparency of Lobbying Bill Non Party Campaigning and Trade Union Administration Bill’ gets its second reading in Parliament today. It is ironic that a piece of legislation ostensibly intended to clean up politics, will, in reality undermine basic liberties and – in particular – trade union freedom.
Above: this would be effectively outlawed in the 12 months before an election
KEITH EWING explains the issues:
The TUC has expressed serious concerns about the far – reaching consequences of the government’s Transparency of Lobbying, Non Party Campaigning and Trade Union Administration Bill, due for a second reading next week.
Such concern is hardly surprising, for this is a Bill that not only represents a threat to basic liberties generally, but to trade union freedom specifically. So much for the Illiberal Democrats, who promised that they would be the guardians of freedom when in government.
The Bill presents two major threats to trade unions. Here the concern is with the consequences for trade union electoral freedom, which is not intended to diminish the other threat which relates to even greater – and yet more intolerable – State supervision of trade union membership lists.
But so far as electoral freedom is concerned, the strategy is clear – previous Tory governments having stripped trade unions of their industrial freedoms, the Coalition is now set on stripping trade unions of their political freedoms as well, continuing in the illiberal vein that has already produced secret courts and the harassment of journalists.
The proposed new restrictions are designed to silence union election campaigning, though as the TUC has pointed out, they have much wider implications. It is a nasty and cynical attempt at self-preservation, the law being used purely as an instrument of partisan self-interest.
But although the impact on trade union political freedom is likely to be far-reaching and (as the TUC pointed out last week) wide – ranging, such concerns should not divert attention from the Bill’s central purpose, which is clearly and unequivocally to weaken trade union support for the Labour party at the election in 2015.
Trade unions take part in elections in a number of ways. First, they make substantial donations to the Labour party to help it with its election campaigns. But secondly, some trade unions – notably UNISON – may run their own national campaigns independently of the Labour party.
Other unions will provide grass – roots support to the Labour party at constituency level, helping with the national campaign and assisting Labour parliamentary candidates. Some unions will also make contributions to organisations campaigning against racism and the BNP.
Where trade unions engage in their own campaigns nationally or locally they are already subject to tight legal controls. As ‘third parties’ for the purposes of election law, these controls apply to ‘controlled expenditure’ – a term used to describe national election campaign costs, capped at just under £1 million for each union.
So far the law has not been a serious problem for trade union election activity. That, however, is about to change, with an extremely densely written and confusing Bill proposing to expand the definition of ‘controlled expenditure’, while also reducing the amount of money unions can lawfully spend. Read the rest of this entry »
Above: Miranda (left) and Greenwald
“Freedom only for supporters of the government, only for members of one party — however numerous they may be — is no freedom at all. Freedom is always and exclusively for the one who thinks differently. Not because of any fanatical concept of ‘justice’ but because all that is instructive, wholesome and purifying in political freedom depends upon this essential characteristic, and its effectiveness vanishes when ‘freedom’ becomes a special privilege” – Rosa Luxemburg, The Russian Revolution, 1918.
Regular readers will know that I think Glenn Greenwald is a self-important jerk with views that are symptomatic of a lot of what’s wrong with much of the so-called ‘left’ these days: third-worldist, petty bourgeois, often downright bizarre, and generally indifferent to working class struggle.
None of that changes the fact the detention of his partner David Miranda for nine hours at Heathrow under schedule 7 of the Terrorism Act 2000, is an outrage and an obvious attempt to intimidate not only Greenwald, but all investigative journalists taking an interest in the activities of the US National Security Agency and the UK’s GCHQ.
Everyone who cares about free speech and a free press should sign this petition:
By Adeel Akhtar:
On Sunday David Miranda, the Brazilian partner of Guardian journalist Glenn Greenwald who has written stories about revealing mass surveillance programmes by the US Government, was held at Heathrow Airport under the UK Terrorism Act. He was released without charge after nine hours.
Being detained by authorities can be terrifying for an innocent person. Unfortunately I know how David feels. Ten years ago, I was returning to New York from London where I was studying when I was detained for several hours on ‘suspicion of terrorism’ – their reason? I looked ‘familiar’. It was a traumatic experience which left me feeling powerless and let down, fearful that when travelling I’ll be singled out and have to go through the same thing again.
Glenn Greenwald told the BBC: “They never asked him about a single question at all about terrorism or anything relating to a terrorist organisation. They spent the entire day asking about the reporting I was doing and other Guardian journalists were doing on the NSA stories.”
Schedule 7 of the Terrorism Act 2000 allows the police to detain anyone at the UK’s borders without any requirement to show probable cause and hold them for up to nine hours, without seeking further justification.
Schedule 7 has a become a blunt legal instrument that the UK government can use to intimidate people who it doesn’t agree with. I think it’s time for the Government to review how it uses Schedule 7. Please join me.
From Leigh Day & Co:
Lawyers vow to fight on after losing part of their battle on overturning the Government’s ‘Bedroom Tax’
Lawyers representing adults and children with disabilities who are challenging the Government’s ‘Bedroom Tax’ have vowed to fight on after today losing part of their High Court battle to halt the controversial new housing benefit regulations that came into force on 1st April this year.
Since 1 April 2013, persons deemed to have 1 spare bedroom have had their housing benefit reduced by 14% and persons deemed to have 2, or more, spare bedrooms have had their housing benefit reduced by 25%. The claimants all argued that these new Housing Benefit rules discriminate against people with disabilities.
The Court accepted that they are discriminatory, but decided that the discrimination was justified and therefore lawful – apart from in cases of disabled children unable to share a bedroom because of their disabilities.
Disabled Children and Bedroom Sharing
The Court found that the Secretary of State has been aware that the law must be changed to provide for disabled children since May 2012, and they were highly critical of his failure to make Regulations to provide for them. Lord Justice Laws said that the current state of affairs “cannot be allowed to continue”.
The Government must now make Regulations “very speedily” to show that there should be “no deduction of housing benefit where an extra bedroom is required for children who are unable to share because of their disabilities.”
The Wider Group
However the Court held that discrimination against adults with disabilities, even those in the same situation to children with disabilities who could not share a room, was justified. Lawyers for adults with disabilities today said that they believe this cannot be right.
They should be entitled to full Housing Benefit for the accommodation they actually need.
Lawyers for adults with disabilities today confirmed that they intend to appeal the ruling, arguing that the discriminatory impact of the measure on people with disabilities cannot be justified and is unlawful.
Disabled children and their families also intend to appeal as they are now left in a position where they do not know whether in fact they are entitled to full housing benefit to meet the costs of the homes that they need.
This is because the Government has declined to confirm that the new Regulations, which the Court says must be made, will cover their situations, or to provide a date by which the new Regulations will be made.
Since the new housing legislation was introduced it has had a devastating effect on many people across the country. Charities, Social Landlords and Advice Agencies have spoken out about the plight of people with disabilities who have been affected by the measure.
3 law firms are representing the Claimants: Hopkin Murray Beskine, Leigh Day and Public Law Solicitors.
Richard Stein from the Human Rights team at Leigh Day said:
“This is a most disappointing result. We will be seeking an urgent appeal to the Court of Appeal. Many people with disabilities including our clients may lose their homes unless the law is changed. Their lives are already difficult enough without the fear of losing their accommodation which has been provided specifically to meet their exceptional needs.”
The Guardian identifies some “puzzling anomalies” in the judgement.
Is justice really blind?
In theory, all forms of legally recognised discrimination (ie discrimination arising from one of the six “protected characteristics”) are equally serious. Many of us have long suspected that in reality, that isn’t the case and that certain forms of discrimination tend to be taken less seriously than others. For instance, while racism is (thankfully) a complete no-no in the media and in most workplaces, sexism (especially in the form of jokes) is still widely tolerated.
In this context, a look at employment tribunal awards for the various forms of discrimination, makes informative and – for me, at least – quite surprising, reading.
Britain’s leading discrimination law specialist Michael Rubenstein, has just published an analysis (by employment lawyer Innes Clark ) of the Equal Opportunities Review (the ‘EOR‘) annual survey of compensation awards made in discrimination cases, and with their “kind permission” he’s set out the main points, as follows:
By Innes Clarke
The statistics are based on 422 cases either filed by the Employment Tribunal Service in Bury St Edmunds or sent to the EOR by individual lawyers.
The total compensation awarded in the 422 cases was £5,268,597. Discrimination awards are uncapped and the highest award made was £235,825 in the disability discrimination case of Wilebore v Cable & Wireless Worldwide Services Ltd, in which reasonable adjustments were not made for an employee who was returning to work after having treatment for cancer.
The only other award in excess of £100,000 was for £136,592 in an age discrimination case – Dixon v The Croglin Estate Co Limited.
Breakdown of Awards
Of the total amount awarded (£5,268,597), 47% is attributable to awards made for injury to feelings (£2,469,566) with the rest made up of, predominantly, financial loss (i.e. loss of earnings).
The highest awards made for the various categories of discrimination were as follows:-
Protected Characteristic Highest Award
|Religion & belief||£18,600|
I have set out below the median awards for the various strands of discrimination with the 2011 and 2010 figures for comparison purposes.
|Protected Characteristic||Median Award (2012)||Median Award (2011)||Median Award (2010)|
|Religion & belief||£3,000▲||£1,000||£6,976|
|All discrimination awards||£7,500▼||£7,518||£8,000|
An Employment Tribunal can make recommendations as to the steps that the respondent should take to reduce the adverse effect of the discrimination on the claimant. The Tribunal can also make recommendations for the benefit of the wider workforce and not just the particular claimant. In 2012 the Employment Tribunal made recommendations in 30 cases. Of these, 19 included wider recommendations to promote equality in the workplace. The most common wider recommendation was for training to be implemented either on equality or diversity.
It is worth noting that the Government is intending to remove the power of Employment Tribunals to make these wider recommendations which, in my view, is regrettable and appears to be something of a retrograde step.
It should be borne in mind that the statistics relate to a selection of cases which were decided by the Employment Tribunal and do not take into account the many claims that do not reach a full hearing and which, instead, conclude by way of agreed settlement for undisclosed sums.
Clarke notes that the EOR’s report also contains “some very interesting statistics” on the ‘injury to feelings’ element of discrimination awards and promises a further blog on that, shortly. Look out for it at ‘Michael Rubenstein Presents…’