Recent findings from an independent review into maternity and neonatal services at Sandwell and West Birmingham NHS Trust, conducted by the National Maternity and Neonatal Investigation, highlight the potentially significant legal and practical consequences of failing to address racial discrimination within public services.
It is understood that the review heard evidence of families receiving different standards of care based on their ethnicity, staff experiencing racism in the workplace, and investigators witnessing racist behaviour during their visit. These findings serve as an important reminder that organisations must ensure equality is embedded within both service delivery and workplace culture.
What is race discrimination?
The Equality Act 2010 protects individuals from discrimination because of one or more protected characteristics. One of those protected characteristics is race.
Race includes:
- Colour;
- Nationality; and
- Ethnic or national origins.
Race discrimination occurs where an individual is treated less favourably, disadvantaged or subjected to harassment because of their race. The Act also protects individuals from victimisation where they have made or supported a complaint of discrimination.
The rights of service users
Service users have the right to receive services without being subjected to unlawful discrimination because of their race.
The findings of the Sandwell and West Birmingham NHS Trust review illustrate how race discrimination can arise in practice. Families reported that concerns were dismissed, pain relief was delayed or refused, and cultural differences or language barriers resulted in assumptions being made about patients or the care they required. Some women from Black and Asian communities reported that their pain was not taken seriously due to harmful stereotypes regarding pain tolerance.
Public authorities and service providers must ensure that all service users are treated fairly and consistently, regardless of their race or ethnic background. Failure to do so may amount to unlawful discrimination under the Equality Act 2010.
The responsibilities of employers and service providers
Employers and service providers should take proactive steps to prevent race discrimination within their organisations.
These may include:
- Providing regular equality, diversity and inclusion training for all staff;
- Ensuring appropriate interpreting and translation services are readily available for service users whose first language is not English;
- Implementing clear policies and procedures for responding promptly to allegations of discrimination and ensuring accountability; and
- Monitoring service delivery to identify and address disparities in outcomes between different ethnic groups.
How can Stephensons help?
At Stephensons, we advise both individuals and organisations on their rights and obligations under the Equality Act 2010.
If you believe you have experienced discrimination whilst accessing services such as essential healthcare, we have a number of specialists who may be able to advise you on your legal rights and assist you in pursuing a claim where appropriate.
Alternatively, if you are a service provider seeking advice on complying with your obligations under the Equality Act 2010, reviewing your policies or responding to allegations of discrimination, our specialist team can provide practical guidance to help minimise legal risk and promote an inclusive environment.
Contact us today on 0161 696 6170 for expert advice on your rights and obligations under the Equality Act 2010.
Blog author: Sneha Kashyape
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