Children’s Law Centre Support Young Person in Successful High Street Voucher Scheme Complaint

Equality Commission finds the Department for the Economy failed to fulfill equality duties
Children’s Law Centre supports the first ever complaint to the Equality Commission by a person under 18

An Equality Commission investigation into the High Street Voucher Scheme has found that the Department for the Economy failed to comply with its own Equality Scheme. The investigation found that the Department failed to screen at the earliest opportunity and that it failed to properly assess the impacts of the policy on children under 18.

Speaking after the investigation was concluded, Claire Kemp, Policy Officer at the Children’s Law Centre said:

“This is a really significant finding by the Equality Commission. The Children’s Law Centre repeatedly raised concerns at the time that the Department for the Economy had failed to properly comply with its own Equality Scheme. We have now been vindicated in that, but unfortunately around 450,000 children and young people have lost out in the meantime.

“The frustration now is that while the Equality Commission has made this finding, the young people have still lost out. The High Street Voucher Scheme was announced in April 2021 and it was clear at that point that the Department was intending to exclude under 18s with no basis for doing so. Yet it has taken almost two years to get to this point.

“Children and young people suffered during the pandemic like everyone else. Many of them contributed in the recovery and should have benefited from the High Street Voucher Scheme. Not only that, but providing vouchers to children and young people could have made a big difference in a lot of lives by providing essentials for disadvantaged children at a time when people were facing escalating hardship.

“Children and young people are no less deserving than anyone else in our society, yet they are repeatedly failed, forgotten and discriminated against. This finding should be a reminder to all government departments that they must take their equality duties seriously.”

The full investigation report and recommendations is available here
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Equality Commission To Investigate High Street Voucher Scheme

19 December 2021

The Equality Commission has decided to authorise an investigation into the High Street Voucher Scheme. The investigation follows a complaint from a young person, under 18, who alleged that the Department for the Economy failed to comply with its approved equality scheme when making the decision to exclude under 18s. The young person has been assisted in their complaint by the Children’s Law Centre.

Claire Kemp, Policy Officer at the Children’s Law Centre said: “Decision makers have a duty to ensure the decisions they make do not adversely impact or discriminate against sections of the population. This includes children and young people. To ensure they avoid making decisions that discriminate they have to carry out an equality screening exercise at the earliest opportunity. In this case it was clear the Department for the Economy failed to do that.

“We’re happy to assist this young person in their complaint and are pleased the Equality Commission has authorised an investigation. The Department was in the position to publicly announce the High Street Voucher Scheme in February 2021 but evidently failed to carry out an equality screening exercise until the young person complained. In fact, the screening document provided to the young person was completed, signed off and published on the same day as the response to their complaint on 10th September 2021. This was not the earliest opportunity as is required, it was an afterthought.

“Children and young people under the age of 18 play a vital role in our society. They contribute to the economy, play a crucial role in many parts of the high street economy and played a key role in navigating our way through some of the darkest months of the pandemic. Rather than treat them as an afterthought, we should be looking at ways to include them in the recovery.

“What chance do children and young people have against discrimination if Executive departments fail to uphold even their own equality duties?”

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Young People Lodge Formal Equality Complaints About The High Street Voucher Scheme

14 September 2021

A number of young people, aged under 18, have submitted formal complaints to the Department for the Economy for failing to comply with its equality scheme in relation to its decision to exclude young persons under 18s from the High Street Voucher Scheme.

The young people have been assisted in their complaints by the Children’s Law Centre (CLC). Both CLC and the Committee on the Administration of Justice (CAJ) had previously submitted complaints that the Department for the Economy had not equality tested the policy at all before making policy decisions to exclude under 18s.

The complaints by young persons were made on the basis of two key failures by the Department for the Economy. Firstly, that it failed to publicly consult on the policy, including with those directly affected. Secondly, that it failed to carry out an Equality Impact Assessment on the policy before making a decision.

Claire Kemp, Policy Officer at the Children’s Law Centre said: “This is a significant development and is the direct result of a number of failures by the Department for the Economy to comply with its own Equality Scheme. Had the Department consulted, and equality assessed the policy at the earliest possible stage, as it is supposed to, the negative impact of excluding children would have been highlighted and consideration for a more inclusive policy could have taken place.

“Equality screening should be carried out at the beginning of the process for a reason. It is there to highlight any negative impact on protected groups and ensure mitigating measures are put in place to avoid discrimination.

“It is not in the gift of decision makers or public bodies to disregard such an important step, or indeed to carry out their duties after the fact. The Equality Commission has also been clear that COVID-19 is no excuse for failing to abide by statutory equality duties.

“In any case, the High Street Voucher Scheme has been in development for close to a year now and it was only after we lodged a complaint with the Department that they carried out an equality screening, completing it just days before the scheme is scheduled to go live. There has also been no consultation with young people or mitigation to negate the adverse impact on under 18s.

“This policy has not been rushed, yet fundamental steps to avoid discriminating against protected groups, including young people, have been ignored or delayed to the extent of rendering them meaningless. The Department for the Economy is clearly in breach of its Equality Scheme.”

Only following the complaints by CLC and CAJ has the Department for the Economy belatedly produced an equality screening document. This however only considers the exclusion of under 18s as a ‘minor’ impact and does not propose any remedial action or commit to a full Equality Impact Assessment.

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