Why language is important

The language we choose to use is powerful and conveys implicit meaning, values and perspectives. Inclusive language supports diversity and conveys respect. Conversely, non-inclusive language can convey bias, prejudice, and stereotypes, or even bigotry and racism. Developing clear guidance on language contributes to creating an inclusive service for complainants and an inclusive workplace for staff.

‘Race’ is one of the nine protected characteristics under the Equality Act 2010.

Under the Act, the Public Sector Equality Duty (PSED) requires the Ombudsman, as a public body, to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different people when carrying out our activities.

The PSED requires public bodies, like the Ombudsman, to consider how they could positively contribute to the advancement of equality and good relations. It requires equality considerations to be reflected into the design of policies and the delivery of services, and to keep these under review.

With this is mind - and given that what may be considered inclusive language can change and evolve over time - it is important that our guidance around this is periodically reviewed. This guidance will be embedded in relevant intranet guidance pages, which are routinely reviewed.

The PSED replaced the race, disability and gender equality duties. It is noteworthy that the first of these duties, the race equality duty in 2001, came out of the Macpherson Report on the murder of Stephen Lawrence. Following failures of the investigation of Lawrence’s murder, the report revealed institutional racism in the Metropolitan Police.

Before the race equality duty, the emphasis of equality legislation was on rectifying cases of discrimination and harassment after they occurred, not preventing them happening in the first place. The race equality duty was designed to shift the onus from individuals to organisations, placing an obligation on public authorities for the first time to positively promote equality, not merely to avoid discrimination. 

Race and ethnicity

When it comes to drafting decisions, we should only refer to someone’s race or ethnicity when it is relevant to the information we are communicating. This is particularly so when we are considering whether councils have had due regard to:

1.  a complainant’s right to protection from discrimination when providing a service; and
2. its duties under the PSED.

Race and ethnicity are often regarded as the same thing. As explored during the Let’s Talk About Race workshop, both may be viewed as social constructs used to categorise and characterise at an individual and group level.

While there can be overlap between the two terms, it is helpful to understand the difference and how this impacts inclusive language:

• ‘Race’ is often used to group people on the basis of shared physical traits, particularly skin colour and hair texture, and a shared ancestry or historical experience as a result.

• ‘Ethnicity’ is more frequently chosen by the individual and linked to cultural expression. The term is used to describe shared cultural or national identity, such as language, nationality, religious expression and other customs.

For the purposes of the Equality Act, ‘race’ includes: 

• colour
• nationality (including citizenship)
• ethnic origin
• national origins*

Race also covers ethnic and racial groups. This means a group of people who all share the same protected characteristic of ethnicity or race.

A racial group can be made up of two or more distinct racial groups, for example: Black British individuals, British Asian service users, Roma and Irish Traveller background.

Someone may be discriminated against because of one or more aspects of their race. For example: people born in Britain to Jamaican parents could be discriminated against because they are British citizens, or because of their Jamaican national origins.

As a general rule, we recommend being as specific as possible when describing someone’s ethnicity or race. However, there will be exceptions to this, such as when there are concerns that this could lead to someone being identified.

Here are some examples:

Language to avoid	instead consider using
“Minority” – This is an overgeneralised and vague term	Replace with more specific language including: Racial or ethnic minority groups (for example, this could be used in a decision by saying: “the Council took certain action that promotes a particular ethnic minority group because of barriers it identified members of the group experienced when accessing its services”) other more specific examples include: ‘service users from an Indian ethnic background’ ‘individuals from a Roma and Irish Traveller background.’
"Mixed race"	Replace with more specific language including: someone/people with a mixed ethnic background other more specific examples include: ‘X is from a Black Caribbean background’ ‘X is from a White British background’
BAME, BME - BAME is often used as an acronym for Black, Asian and Minority Ethnic, used to refer to all ethnic groups except White British Group.  In March 2021, the Commission on Race and Ethnic Disparities recommended that the government stop using the term BAME. The acronym can be problematic because: It does not assert to the reader which specific ethnic minority groups are included. For example, some BAME references mean all minority ethnic groups, including White Gypsy, Roma and Irish Traveller groups, while others include White ethnic minority groups in the 'White' category. The use of ‘BAME’ can often offer an assumption that all non-White people exist as a homogenous group without appreciation of the uniqueness of individual ethnicities.	Based on the factors listed in the lefthand column, we advise against its use unless it’s absolutely necessary – instead, be as specific as possible.
Use of racial groups as nouns – Racial and ethnic terms should not be used in noun form (e.g., avoid “Asians,” “Blacks,” “Hispanics,” or “Whites”)	The adjectival form is preferred (e.g., instead Asian individuals, Black service users, White service users, White Gypsy, Roma or Irish Traveller background).
Capitals or lower case letters	Our preferred style is to capitalise ethnic groups (such as ‘Black’ or ‘White’), including when the group’s name includes a geographic place (such as ‘Asian’ or ‘Black Caribbean’). This is because it is important that we clearly communicate in our decisions when we are referring to a racial or ethnic group as opposed to a colour.
Ethnicities and nationalities: Some ethnic groups are also nationalities, eg: Bangladeshi Chinese Indian Pakistani	If there is a risk of mistaking ethnicities for nationalities, we avoid ambiguity by writing: ‘X is from an Indian ethnic background’, not ‘X is Indian’ ‘B is from a Chinese ethnic background’, not ‘B is Chinese’

Asking the right questions

It may be necessary to ask complainants about their race. 

We recommend asking complainants how they would prefer to be referred in our decision. If considered appropriate and acceptable, we should consistently use the complainant’s preferred terminology and explain this in our decision. For example, we could explain in our decision: Ms X describes herself as Black and of dual heritage. We have decided to use Ms X’s preferred description of herself. If we decide not to use someone’s preferred terminology, we should write to the complainant explaining our reasons. If unsure, please speak to your manager.

Like our guidance on reasonable adjustments, we have created some suggested questions to help you approach these conversations:

1. You mentioned in your complaint that the Council discriminated against you because of your race. So that I can understand this better, can you tell me about your race or ethnicity? Can you explain to me how the Council’s action affected this?
2. We publish all our decisions and, when it is an important part of someone’s complaint, like yours, we will normally include details of the person’s race or ethnicity. May I check how you would prefer to be referred in our decision? How would you describe yourself?
3. You said in your complaint that the Council failed to consider your cultural and personal beliefs. So that I can understand, can you tell me about these and their significance to you?
4. Are you willing to share your ethnic background with us?
5. Is there any information about your ethnicity or race that would help us understand your complaint? 

Useful resources

*Citizens Advice Bureau’s advice on race discrimination gives some helpful definitions and examples of nationality (including citizenship), ethnic origin and national origins and the interplay between these concepts: https://www.citizensadvice.org.uk/law-and-courts/discrimination/protected-characteristics/race-discrimination/

• LGO Intranet | Equality Act 2010 
• LGO Intranet | Human Rights Act 1998 (part six includes guidance on investigating complaints about Human Rights)
• The Government’s Race Disparity Unit’s Style Guide
• BBC Three’s short video sharing perspectives of people with a mixed ethnic background. This dips into some of the preconceptions participants encounter along with a few of the best things about being from such a background.