The EHRC

Role, functions and powers of the EHRC

The Equality and Human Rights Commission is the statutory and regulatory body responsible for enforcing the Equality Act 2010 and for promoting awareness, understanding and protection of human rights. It is also accredited by the United Nations as an “A status” national human rights institution. Its powers and duties (derived from the Equality Act 2006) include reducing inequality, eliminating discrimination and promoting and protecting human rights.

The focus of the EHRC’s regulatory role is to help organisations achieve what they should, not catch them out if they fall short. A range of powers enable it to do this. These include providing advice and guidance, publishing information and undertaking research.

When breaches occur despite the use of these methods, the EHRC also has a range of enforcement powers. These powers are set out in the Equality Act 2006 and play an essential role in helping it make a difference.

There are a number of different approaches it can take, depending on the particular circumstances it is trying to change. They range from guidance and legal assistance, interventions and funding, to investigations and court action.

The EHRC does not get involved in every issue or dispute, however. It uses its legal or enforcement powers when it is the best way to tackle non-compliance or achieve change, as specified in its litigation and enforcement policy, such as:

• to clarify the law, so people and organisations have a clearer understanding of their rights and duties
• to highlight priority issues and force these back to the top of the agenda to challenge policies or practices that cause significant disadvantage, sometimes across a whole industry or sector

To do this, the EHRC takes forward actions, with the potential that the courts and tribunals will secure binding, positive judgments that reinforce, strengthen or expand people's rights.

By using its powers in this way, EHRC legal actions secure widespread and lasting benefits, positively influencing the everyday experiences of millions of individuals.

LGSCO 

LGSCO was established by the Local Government Act 1974. LGSCO investigates complaints from the public about injustice caused by maladministration or service failure by a local authority in England or various other organisations within its jurisdiction.

LGSCO is also the adult social care ombudsman for England. In this role, LGSCO have jurisdiction to carry out independent investigations into complaints about matters connected with the provision of adult social care. This is a seamless service covering all types of adult care in the public, private and third sectors irrespective of who funds or arranges that care.

LGSCO can recommend a suitable remedy (which can include financial redress) for any injustice found. LGSCO can also recommend improvements to services and procedures to prevent similar faults from happening again.

LGSCO also has a statutory power to provide guidance on relevant complaints standards. Guidance may be found at https://www.lgo.org.uk/information-centre/information-for-organisations-we-investigate/guidance-notes