Thinking Anglicans

more guidance from Charity Commission on Equality Act

Third Sector reports: Charity Commission publishes further guidance on the Equality Act.

Equality Law has Charity Commission issues new Equality Act guidance.

New guidance has been issued by the Charity Commission which sets out its views on the application of the new charities exception in the Equality Act and the circumstances in which a charity may restrict its benefits to a group defined by reference to a protected characteristic.

The Charity Commission advice is here: Equality Act guidance for charities: Restricting who can benefit from charities .

This may be of interest to those who have been following the case of Catholic Care.

3 comments

  • I think there is a very important question to be asked of the Government regarding the legislation:

    Is a Local Authority, presumably licensed by the government to allocate resources to various charitable organisations; allowed to discriminate in its choice of agency – on the basis of that organisation’s discrimination against e.g. LGBT foster parents?

    This is not a frivolous question. It is an attempt to find out whether the Local Authority has the right to choose whom to trust with the allocation of foster-children. If it does, then it is surely up to the Local Authority to make that choice.

  • Martin Reynolds says:

    Father Ron Smith asks on Wednesday, 7 September 2011 at 1:30am BST
    “Is a Local Authority, presumably licensed by the government to allocate resources to various charitable organisations; allowed to discriminate in its choice of agency – on the basis of that organisation’s discrimination against e.g. LGBT foster parents?”

    In its most recent judgment on this case the first tier appellate tribunal concludes thus:
    “62. Finally, the Tribunal notes that the Public Sector Equality duty imposed by
    s.149 (1) of the Equality Act 2010 imposes a duty on public bodies to pay due
    regard to the need to eliminate unlawful discrimination and to promote
    equality of opportunity. This provision is intended to come into force later
    this year. Whilst forming no part of the Tribunal’s decision in this appeal, it
    appears to the Tribunal that, even if the Charity were permitted to discriminate
    in reliance upon s.193 of the 2010 Act, the Public Sector Equality Duty is
    likely in due course to impact upon the willingness of local authorities to work
    with a charity which discriminated on grounds of sexual orientation in respect
    of adoption placements.”

  • Thank you, Martin, for that clarification.

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