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Equality and Human Rights Commission
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The Equality and Human Rights Commission (The Commission) is Britain’s equality and human rights regulator. Our human rights powers in Scotland extend to reserved matters. The Scottish Human Rights Commission has a mandate to promote and protect human rights in Scotland that fall within the competence of the Scottish Parliament.
Question page 3 of 3
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The Commission welcomes the opportunity to contribute to the Social Justice and Social Security Committee’s Inquiry. The support available to those leaving abusive relationships must be designed with equality embedded in its structures and processes.
Given the focus of the Committee is predominantly on public bodies with existing obligations under the equality legal framework, how the bodies are meeting those obligations in the context of their strategies and policies for supporting those leaving abusive relationships should be considered.
The most recently available statistics show that a majority of those who experience domestic abuse continue to be women. The Commission’s Scottish supplement to our 2023 state of the nation report on equality and human rights, Is Scotland Fairer, also found that those who’d experienced abuse in same-sex relationships said that there were not enough services to support them.
Proper compliance with equality legal framework will help deliver more accessible services and support for the protected characteristic groups affected by domestic abuse.
Public Sector Equality Duty – General Duty
The Public Sector Equality Duty (PSED), set out in section 149 of the Equality Act 2010, requires public authorities, in the exercise of their functions, to have due regard to the need to:
- Eliminate discrimination, harassment and victimisation that is prohibited under the EA 2010
- Advance equality of opportunity between people who share a protected characteristic and those who do not; and
- Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
This is known as the general duty. The broad purpose of the PSED is to advance equality by integrating consideration of non-discrimination, equality and good relations between and for protected groups into the day-to-day business of public authorities. For more detailed information, see our Technical Guidance on the PSED in Scotland.
The general equality duty applies to public authorities listed in Schedule 19 to the Act, including local authorities, in respect of all their functions, unless otherwise specified. This includes how they support those leaving abusive relationships.
The Act explains that having due regard to the need to advance equality of opportunity involves having due regard, in particular, to the need to remove or minimise disadvantages suffered by people who share a relevant protected characteristic that are connected to that characteristic.
Local authorities, Scottish Ministers and other public bodies must give due regard to the three needs of the PSED in the design and delivery of their services.
Scottish Specific Duties
The Scottish Specific Duties (SSDs) are requirements intended to help listed authorities comply with the PSED – General Duty. The SSDs are defined in the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 as amended.
Equality Impact Assessments (EQIAs)
Of particular relevance to designing, delivering and reviewing support for those leaving an abusive relationship is Regulation 5 of the SSDs, which requires policies or practices to be impact assessed against the three needs of the general duty.
EQIAs should be carried out at the beginning of the development process to ensure that public bodies anticipate the needs of equality groups. An EQIA should be updated periodically in order to ensure strategies and policies are being reviewed, as per the needs of the SSDs. Our guidance on assessing impact and the Public Sector Equality Duty may be helpful in considering the steps which must taken in order to fulfill this requirement.
It is not clear that all existing policies and practices employed by public bodies in relation to supporting those leaving abusive relationships have been rigorously assessed at the outset, much less that they are subject to an ongoing review. This may mean that some protected characteristic groups, including those with intersecting characteristics, are not able to access services designed for their needs.
The Fairer Scotland Duty (FSD)
The FSD came into effect in April 2018 and requires certain public bodies, including Scottish Ministers and Local Authorities, to consider how to reduce inequalities caused by socioeconomic disadvantage when making strategic decisions.
This is particularly relevant in considering the financial implications of leaving abusive relationships, and how support is designed with those financial implications in mind.
Many of the existing strategies and support, including financial support, will have been designed prior to the FSD coming into effect, and there is no evidence to suggest that retrospective assessments have been carried out.
The Committee may wish to consider how proper compliance with equality obligations may assist public bodies to rigorously interrogate their existing support policies and structures and keep them under review.
Given the focus of the Committee is predominantly on public bodies with existing obligations under the equality legal framework, how the bodies are meeting those obligations in the context of their strategies and policies for supporting those leaving abusive relationships should be considered.
The most recently available statistics show that a majority of those who experience domestic abuse continue to be women. The Commission’s Scottish supplement to our 2023 state of the nation report on equality and human rights, Is Scotland Fairer, also found that those who’d experienced abuse in same-sex relationships said that there were not enough services to support them.
Proper compliance with equality legal framework will help deliver more accessible services and support for the protected characteristic groups affected by domestic abuse.
Public Sector Equality Duty – General Duty
The Public Sector Equality Duty (PSED), set out in section 149 of the Equality Act 2010, requires public authorities, in the exercise of their functions, to have due regard to the need to:
- Eliminate discrimination, harassment and victimisation that is prohibited under the EA 2010
- Advance equality of opportunity between people who share a protected characteristic and those who do not; and
- Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
This is known as the general duty. The broad purpose of the PSED is to advance equality by integrating consideration of non-discrimination, equality and good relations between and for protected groups into the day-to-day business of public authorities. For more detailed information, see our Technical Guidance on the PSED in Scotland.
The general equality duty applies to public authorities listed in Schedule 19 to the Act, including local authorities, in respect of all their functions, unless otherwise specified. This includes how they support those leaving abusive relationships.
The Act explains that having due regard to the need to advance equality of opportunity involves having due regard, in particular, to the need to remove or minimise disadvantages suffered by people who share a relevant protected characteristic that are connected to that characteristic.
Local authorities, Scottish Ministers and other public bodies must give due regard to the three needs of the PSED in the design and delivery of their services.
Scottish Specific Duties
The Scottish Specific Duties (SSDs) are requirements intended to help listed authorities comply with the PSED – General Duty. The SSDs are defined in the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 as amended.
Equality Impact Assessments (EQIAs)
Of particular relevance to designing, delivering and reviewing support for those leaving an abusive relationship is Regulation 5 of the SSDs, which requires policies or practices to be impact assessed against the three needs of the general duty.
EQIAs should be carried out at the beginning of the development process to ensure that public bodies anticipate the needs of equality groups. An EQIA should be updated periodically in order to ensure strategies and policies are being reviewed, as per the needs of the SSDs. Our guidance on assessing impact and the Public Sector Equality Duty may be helpful in considering the steps which must taken in order to fulfill this requirement.
It is not clear that all existing policies and practices employed by public bodies in relation to supporting those leaving abusive relationships have been rigorously assessed at the outset, much less that they are subject to an ongoing review. This may mean that some protected characteristic groups, including those with intersecting characteristics, are not able to access services designed for their needs.
The Fairer Scotland Duty (FSD)
The FSD came into effect in April 2018 and requires certain public bodies, including Scottish Ministers and Local Authorities, to consider how to reduce inequalities caused by socioeconomic disadvantage when making strategic decisions.
This is particularly relevant in considering the financial implications of leaving abusive relationships, and how support is designed with those financial implications in mind.
Many of the existing strategies and support, including financial support, will have been designed prior to the FSD coming into effect, and there is no evidence to suggest that retrospective assessments have been carried out.
The Committee may wish to consider how proper compliance with equality obligations may assist public bodies to rigorously interrogate their existing support policies and structures and keep them under review.