Using equality legislation as a sword

Abstract

This article argues that there is potential for equality legislation to be used proactively to contest attempts by public authorities to remove funding from groups who share protected characteristics. This follows on from the first empirical study of the impact of the Equality Act 2010 on charities in the United Kingdom, conducted by the Charity Law and Policy Unit, University of Liverpool (the study). One finding of the study was that charities in the United Kingdom are using the Act to challenge local government funding cuts. Strict austerity measures have led to widespread funding cuts for service provision. As many charities are commissioned by local governments to provide social services, this has had a direct impact on the charities' funding. However, some charities and service users found a useful sword in the Equality Act and predecessor legislation. They used judicial reviews to challenge whether local governments have properly fulfilled their Public Sector Equality Duty when making the funding cuts. In some cases successful challenges prevented or restored funding cuts, while others simply resulted in the same cuts after a better process. However, cuts to legal aid and judicial review reforms may well blunt this sword. Charities' motivations and successes, the impact of judicial review and the uncertain future for the strategy are discussed.