Scottish Human Rights Law Group

Following judicial review proceedings in the High Court of England and Wales by the Equality and Human Rights Commission against the National Offender Management Service, it was held that NOMS, in its treatment of some foreign prisoners, had failed to comply with laws on disability and race.

All public authorities are bound by law to conduct equality impact assessments and examine the implication of how their policies will affect, in relation to disability, ethnicity and gender, in advance of any change. A policy had been implemented by NOMS, named the Service Legal Agreement, whereby foreign male prisoners were transferred without due consideration of the effect such moves would have on disabled or ethnic minority prisoners, contrary to s.71 of the race Relations Act 1976 and to section 49A of the Disability Discrimination Act 2005.

This is the first Judicial Review sought by the Equality and Human Rights Commission to reach the courts.

To read the judgment, please click here.

To read the Commission’s commentary on the judgment, please click here.