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On
18 July at the High Court, in a dramatic
turn of events, SBS won a major victory
against Ealing Council for its failure to
have proper regard to equality legislation,
in particular the Race Relations Act, when
making a decision to cut the entire funding
of SBS.
Southall
Black Sisters (SBS) has been funded for
many years by Ealing Council but last year,
the Council decided to take away its funding
and invited organisations to bid for the
provision of the same service for all women
in the borough using the funds previously
awarded to SBS to meet the needs of BME
women.
SBS
maintains that specialist services are needed
not only for reasons to do with language
difficulties and cultural pressures but
because groups like SBS have considerable
experience in providing advice and advocacy
in complex circumstances where legal aid
is not easily available and where immigration
and asylum difficulties and institutional
racism make some women more vulnerable than
others.
Amongst
other things, Ealing Council was charged
with the failure to carry out a full and
proper equality impact assessment and, when
it did, it cherry picked statistics and
misquoted expert reports to buttress its
case after the event; for misinterpreting
the race equality legislation by deciding
that the Southall Black Sisters name and
constitution (to meet the needs of Asian
and African-Caribbean women) was in breach
of the Race Relations Act because it 'excluded'
white women. Furthermore the Council was
shown to have misinterpreted the cohesion
agenda by assuming that 'single group' funding
undermined cohesion when, in fact, as Lord
Justice Moses, the presiding judge declared
it promotes equality and thereby cohesion.
Ealing
Council was unable to defend its actions
in the light of extensive evidence which
showed that it had committed a series of
fundamental errors. The Judge commented
that aspects of Ealing Council's actions
were 'blood curdling' and he was close to
regarding the Council as having conducted
itself in 'bad faith' - a very serious allegation.
The
Council eventually decided to withdraw its
case thereby denying SBS the opportunity
of having a full judgement but SBS were
able to secure a shorter judgement (pending)
- which will take the form of guidance to
Ealing and to all other local authorities
so that in future they comply properly with
all equalities legislation and to prevent
'cohesion' arguments from being used to
deny the need for specialist services.
Pragna
Patel of SBS states: 'This victory is important
for all grassroots specialist organisations
that are faced with or likely to face cuts
in their funding on the spurious grounds
of 'cohesion' and 'equality'. Ealing Council
has tried to portray us an organisation
opposed to the need for all women in the
borough to have a domestic violence service.
This is far from the reality. Our victory
shows that its 'divide and rule' tactics
will not work. We will continue to struggle
for the right of all women to have effective
protection from domestic violence but this
also means struggling for the rights of
the most vulnerable women in our society
who due to cultural and religious pressures
and racism need their own organisations
to ensure that their voices are heard '
ABOUT
SOUTHALL BLACK SISTERS
Southall
Black Sisters is a multi- award winning
not-for-profit organisation, established
in 1979 to counter racism and meet the needs
of black (Asian and African-Caribbean) women,
particularly those who have been victims
of domestic violence, forced marriage and
honour killings. Although based locally
in London, it has a national reach.
Over the years, it has dealt with thousands
of cases of domestic violence cases within
minority (especially South Asian) communities
and has been responsible for important policy
and legal changes including changes to the
criminal law (the law of provocation in
relation to battered women who kill), immigration
rules (the 'domestic violence rule') and
the civil law (Forced Marriage Act) all
of which enable minority women to assert
their human rights. The organisation has
also been in the forefront of challenging
the rise of religious intolerance and fundamentalism,
caste and ethnic divisions within minority
communities.
Ealing Council has provided core funding
which represents approximately one third
of SBS' total annual funding since the mid
eighties. In the last ten years it has helped
over 15,000 women from around the UK, 90%
of which come from Ealing.
Visit
www.southhallblacksisters.org.uk
for further information.
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