GhLC's 'Unequal and unlawful treatment' report for Oxfam published online

Govanhill Law Centre's research report, 'Unequal and Unlawful Treatment - barriers faced by the Roma Community in Govanhill when accessing welfare benefits and the implications of section 149 of the Equality Act 2010' is now available online here (opens as a PDF).

A summary version in Czech is available here: Govanhill Law Centre – Zpráva o protiprávním a nerovném jednání.

Launch of Govanhill Law Centre's 'Unequal and unlawful treatment' research report

Tomorrow morning, Govanhill Law Centre 

(GhLC) will launch its report into the barriers faced by the Roma community in Glasgow's Govanhill when accessing welfare benefits, and the implications of section 149 of the Equality Act 2010 in relation to those barriers. 

GhLC is a project of the Govan Law Centre, and was commission by Oxfam to undertake its ' Unequal and unlawful treatment' research report through the European Commission Programme for Employment and Social Solidarity.  A copy of the report will be made available online following tomorrow's launch.

As over one third of our Govanhill clients identify themselves as Roma, we felt it was important to report and publicise the real struggles and injustices this client group routinely face. We decided to focus on the issue of welfare benefits (this is the issue the majority of our Roma clients seek our help with) and the way in which three public authorities responsible for administering benefits – Her Majesty’s Revenue and Customs (HMRC), the Department for Work and Pensions (DWP) (Jobcentre Plus) and Glasgow City Council (Housing Benefit Department) – treat our Roma clients.

Our report is an attempt to establish whether there are recurring patterns in the treatment of Roma clients and, in particular, how these impact upon the public authorities in terms of their equalities duties under section 149 Equality Act 2010. 

The report's lead author, Lindsay Paterson, solicitor at GhLC will give a presentation on our report tomorrow morning, along with speakers from Oxfam, one of GhLC's clients who has personal experience of the barriers in accessing UK welfare rights, Romana Lav, and GLC's Principal Solicitor.

Govanhill citizens' empowerment project

STV Glasgow reports on a groundbreaking project which will help tenants and home owners tackle issues around property factoring and landlord disputes with the help of a DIY kit is to be launched in Govanhill. The project is funded by the Esmée Fairbairn Foundation.

The Public Legal Education Project will be launched in February by the Govan Law Centre as a pilot for one year and will train local people on how they can protect their rights with the help of letter templates, application forms and housing advice. The full story can be read online here.

GLC recruitment: new Govanhill Public Legal Education Project

Glasgow's Govan Law Centre (GLC)  requires a newly qualified solicitor with civil court experience. The post is funded for one year and will be based at Govanhill Law Centre's office within Glasgow's Govanhill community. Experience of housing and property factor disputes would be a major advantage.

The successful candidate will lead a dynamic new Public Legal Education (PLE) Project in Govanhill with a focus on empowering local citizens, community groups and residents associations to tackle property factor and landlord and tenant disputes. The PLE project is funded by the Esmée Fairbairn Foundation. The post holder will also undertake some general law centre work in Govanhill, supported by the Glasgow Regeneration Agency, in partnership with Crossroads.

The successful candidate with work with both partners in GLC's professional legal practice.  Applications in writing with C.V. to Principal Solicitor, Govan Law Centre, Orkney Street Enterprise Centre, 18-20 Orkney Street, Glasgow, G51 2BZ.  We will not accept employment agency applications.

The closing date for applications is close of business on Thursday 26 January 2012.  Applications thereafter will not be accepted. GLC aims to be an Equal Opportunities employer.

Risk of homelessness to private tenants from Scottish housing associations' debt recovery practice

GHA's CEO, Martin Armstrong

Govan Law Centre (GLC) has raised concern over the growing practice of Scottish housing associations using 'arrestments in execution' against private sector tenants in relation to debts owed by their landlords to housing associations, generally in the association's capacity as a property factor.

GLC believes this policy will force private sector tenants to incur rent arrears, exposing them to eviction, the risk of homelessness and unnecessary detriment. Housing association officers typically refer to such arrestments as 'rent arrestments' and use them every month or four weeks, repeatedly, against individual 'innocent' private sector tenants.

GLC's Principal Solicitor has today written to Martin Armstrong, CEO of the Glasgow Housing Association (GHA) to express the law centre's concern that this policy is disproportionate, regressive, and ultimately puts innocent private sector tenants through unnecessary detriment, with the risk of homelessness. Other housing association landlords in Glasgow are using this practice against private tenants, and GLC believes the Scottish Government should intervene to examine the practice and consequences of this policy.

Lindsay Paterson, Solicitor with Govanhill Law Centre said: "We believe this policy causes unnecessary cyclical monthly detriment to innocent private sector tenants, and exposes them to unnecessary potential fines and emotional distress".

"It can be a frightening experience for our clients to have sheriff officers come to their door to serve such documents on a regular basis, and in our experience the service of schedules of arrestment is causing significant distress and inconvenience to ‘innocent’ private sector tenants".

"We hope the GHA and other social landlords will reconsider their policies here and stop using this form of diligence against 'innoncent' private sector tenants".

Law centre opposes closure of Glasgow's Bilingual Support Unit following 'flawed' consultation process

Govanhill Law Centre (GhLC) has opposed the proposed closure of Glasgow's Bilingual Support Unit (BSU), presently positioned in Shawlands, between Govanhill and East Pollokshields, two of the most ethnically diverse communities in the City. Its opposition is supported by GLC.

Responding to a Glasgow City Council consultation, GhLC says that in its experience there are severe barriers to education and employment for Roma families in Glasgow. A saving of £186,000 from closing the BSU would represent very poor value in relation to the significant benefits gained from specialist language provision to youngsters in Glasgow's education system, youngsters who often have the lowest educational and employment prospects.

The law centre has identified five key flaws in the current proposed closure process:

(1) No educational benefits evidenced
(2) Financial savings alone seem to be driving force
(3) Flawed consultation process
(4) Failure to meet with needs of children with little or no English
(5) Failure to meet needs of Roma children

With respect to the need to undertake a proper consultation at a meeting on June 9th, 2011, GCC's Director of Education, Maureen McKenna said “this is not a statutory consultation so it is not a public consultation.  It is good practice for service reform”.  However, GhLC believes that GCC has failed to have 'due regard' to its statutory duties under the Equalities Act 2010. 

GhLC Associate Solicitor Lorraine Barrie said: "Glasgow City Council’s public sector duty under the Equality Act 2010 states that an Equality Impact Assessment document should be produced, containing sufficient information to show it has paid ‘due regard’ to equality duties in its decision making. In that regard, we have referred the Council to the recent case of R (W) v. Birmingham City Council [2011] EWHC 1147 where the High Court found that ‘where a decision may affect large numbers of vulnerable people … the due regard necessary is very high’ (at para 151). We believe that is the case here. Further, the court held that ‘consideration of the duty must be an integral part of the formulation of a proposed policy …’.

The Equality and Human Rights Commission’s guide for decision makers states “whether it is proportionate for an authority to conduct an assessment of a financial decision depends on its relevance to the authority’s particular function and its likely impact”. We would argue that as the proposal is likely to have a significantly adverse impact on the learning of all of the pupils who attend the BSU and future pupils, we believe the ‘due regard’ duty is very high, and accordingly GCC are required to carry out an equality impact assessment.

The only mention in the document of the Equality Act 2010 is as follows: “The proposed Service reconfiguration supports the Council’s responsibilities under the Education (Additional Support for Learning) Scotland Act 2004 (Amended 2009) and the Equality Act 2010”. This bald statement in our view, completely fails to demonstrate whether GCC have given “due regard” to their legal duties to equalities; particularly where the due regard duty is ‘very high’

We would hope GCC will produce an Equality Impact Assessment, and make its consultation public, otherwise it may render itself vulnerable to legal challenge under the 2010 Act".

Govanhill Law Centre's full consultation response is here (opens as PDF).

Govanhill Law Centre client wins sex discrimination case

A Govanhill Law Centre client has recently received payment from Pakistan International Airlines (PIA) of £18,357.57 following a successful Employment Tribunal claim.

Mrs. R, who wishes to remain anonymous, raised a claim against her former employer for unfair dismissal as a result of pregnancy, and sex discrimination.

Mrs R had worked for P.I.A on a series of fixed term contracts for around 18 months. She took a period of authorised unpaid leave to attend a family wedding. Mrs R fell ill at the wedding and her husband contacted her employer to advise she would be unable to return on time. Despite the fact she produced a medical certificate, Mrs R was dismissed for gross misconduct on her return to work, without having an opportunity to explain her position. Ms R appealed the decision but her appeal letter was ignored. Mrs R believed that the real reason she had been dismissed was because her employer knew she was pregnant and wanted to use her sick leave as an excuse to dismiss her.

After hearing three days of evidence, the Tribunal found that the true reason Mrs R had been dismissed was because she was pregnant and that she had been unfairly dismissed. The Tribunal held that this constituted an act of sex discrimination, contrary to section 3A(1) (a) of the Sex Discrimination Act 1975. Mrs R was represented by GhLC solicitor Lindsay Paterson at the hearing.

The Tribunal issued its decision in October 2010, but Mrs R has only recently received her settlement. As a result of the delayed payment, the Respondents were forced to pay additional interest of £237.37 to Mrs R.

Mrs R said: “While I worked at P.I.A. my boss treated me badly. He told me I should wear high heels to look smart and tall. He insulted me in front of my colleagues. I was dismissed after he knew I had fallen pregnant and this caused me a lot of stress and financial worries. My husband and I had to move out of our home as we could not afford the rent".

"I am very happy with the Tribunal decision. I had worked in the travel industry for 7 years and I felt my good reputation had been damaged. I can now hold my head up high and feel confident to apply for jobs in the future. I want to thank Govanhill Law Centre – if it was not for them, I would not have won my case “.

Lorraine Barrie, Associate Solicitor at Govanhill Law Centre said: “We are delighted that our client has now received full payment from her former employer, after a long wait. Our client was very distressed following her dismissal and she suffered significant financial worries when her first baby was on the way. We are pleased that the Tribunal have recognised the significant stress caused to our client by awarding £5,000 for injury to her feelings”.

All together: Scottish law centres show solidarity with TUC campaign

GLC solicitors with the radical socialist
lawyer, Michael Mansfield QC

GLC solicitors Lorraine Barrie and Lindsay Paterson joined the Trades Union Congress (TUC) 'All Together' campaign in London at the weekend to show Scottish law centre solidarity with the TUC's call for an alternative to the unfair and savage cuts the UK Government is imposing on welfare benefits and vital public services across the UK. 

The TUC suggest progressive and fairer alternatives such as investing in growth and introducing fair taxation. A tiny tax on big financial transactions by banks – a Robin Hood tax – could raise £20bn per year.



The TUC say that tax avoidance by big companies and the super rich is more than £40bn a year. And investing in our public transport, housing and the green economy can build a sustainable future.

Scottish Parliament Committee hear evidence of employers who “take advantage” of migrant workers

Govanhill Law Centre’s submission to the Scottish Parliament’s Inquiry into Migration and Trafficking has been cited in the Parliament’s final report.

The Inquiry, held by the Equal Opportunities Committee last year, heard evidence from a large number of stakeholders including migrants, local authorities, the voluntary sector, police, academics, journalists, MSPs and the Crown Office. The innovative partnership working approach of the Hub in Govanhill was recognised by the Committee as an example of good practice.

The Inquiry heard evidence on the nature and extent of migration to Scotland and described the lack of migration data, public perceptions about migration and the influence of the media as “key overarching issues“.　 The Committee recognised key challenges in “improving awareness among migrants about public services, and their rights and entitlements“, “employment including exploitative employment practices“, health, education, housing, policing and enforcement.

Govanhill Law Centre Solicitor Lorraine Barrie said “we are pleased that the Committee have recognised the significant barriers many migrants experience when living and working in Scotland in terms of receiving advice and information about their rights and practical barriers to reporting exploitative employers. 　 We are also pleased that the partnership working approach of the Hub in Govanhill, which we are part of, has been recognised as an example of good practice“.  The full story can be read on Govanhill Law Centre's website here.

GLC calls for widescale 'FOI' extension in Scotland

GLC has responded to the Scottish Government's consultation on 'Extending the coverage of the Freedom of Information (Scotland) Act 2002', which closed this week, by calling for the Act to be extended to cover the Glasgow Housing Association Ltd, and its factoring company, as well as asserting the general principle that the Act should be extended to a comprehensive range of private, third sector, and other bodies who are in receipt of substantial public funds, subject to 'proportionality criteria'.  GLC has argued that:

"As a matter of general principle, we believe there is a strong case for arguing that any body – whether private, third sector or public – should be subject to the 2002 Act in relation to the public money which they receive (and how it is spent) or public services which they provide subject to fair and reasonable proportionality criteria. Such proportionality criteria could be based around (a) the value of the contract or award and/or (b) the number of employees in the entity".

"We fully support proposals to extend coverage of the Act to GHA. We agree that GHA is a RSL unique in terms of size and public profile. In March 2003, Glasgow City Council transferred its housing stock to GHA with the result that GHA carries out functions which were previously carried out by the local authority. This means that people in Glasgow, who were formerly council tenants and are now tenants of GHA are unable to access information other tenants in other parts of Scotland would be able to access through Freedom of Information Act requests. Extending the coverage of the Act to include GHA will help address this inequity".

"We strongly believe that coverage of the Act should also include GHA’s factoring service, ‘Your Place’. As well as taking on responsibility for Glasgow City Council’s rented properties, GHA took over the council’s factoring responsibilities when the stock was transferred. GHA are now the factors of many ex-council properties. They are in a unique position as a factor in that they are the majority owner in many of the common closes they factor. This means that they often have to balance their role as owner and factor. We feel that it would be in the public interest to be able to obtain information regarding GHA’s factoring service through Freedom of Information requests".

Rights and the City: a Scots lawyer in New York

GLC's Lorraine Barrie's new blog - 'Rights and the City - a Scots lawyer in New York' - on life as a volunteer at the South Brooklyn Legal Services (SBLS) in New York City is up and running.

In her first posts, Lorraine discusses the work being done by community activists in Brooklyn to tackle dodgy landlords and secure decent housing, drawing parallels with Glasgow's own Govanhill.  She highlights some of the problems and discrimination that HIV+ clients face in accessing public services. 

SBLS is a free legal resource for low income Brooklyn residents, and provides advice on subjects including employment, consumer law, domestic violence, mortgage repossession, and benefits. Lorraine will work for their HIV project to enforce legal rights for HIV+ clients.

GLC solicitor Lorraine Barrie goes to NYC to help HIV+ clients in Brooklyn

Govanhill Law Centre solicitor Lorraine Barrie has taken a period of leave to commence a temporary volunteer position with South Brooklyn Legal Services (SBLS) in New York City.

SBLS is a free legal resource for low income Brooklyn residents, and provides advice on subjects including employment, consumer law, domestic violence, mortgage repossession, and benefits. Lorraine will work for their HIV project to enforce legal rights for HIV+ clients.

Project successes include an award of $10,000 for a client whose confidentially was breached when a Social Security Administration employee revealed her HIV status to a family member without her consent.

Lorraine said: “I wanted to work for an organisation committed to challenging injustice and poverty, similar to Govan Law Centre. I am particularly interested in access to civil justice, and look forward to comparing the experiences of clients in New York to those in Glasgow”.

Lorraine will be writing about her work via a blog (details will be given here shortly). She will return to her post at Govanhill Law Centre in January 2011.

Dodgy figures and poor service: Govanhill evidence to Property Factors bill

Govanhill Law Centre (GhLC) has submitted evidence to the Scottish Parliament's Local Government Committee on the Property Factors (Scotland) Bill. 

The evidence compiled by GhLC's Lindsay Paterson is available here, and includes an example of alleged overcharging, mismanagement and misapplication of VAT by a large Glasgow property factor, as well as a survey of local property factors, carried out jointly with the local Govanhill Residents Group. 

85% of those surveyed supported the statutory regulation of property factors in Scotland, while over two-thirds of respondents said that they did not believe their factoring service was good value for money.

GLC welcomes £2m rescue plan for Govanhill

Glasgow's Evening Times reports that nearly £2million of Scottish Government money has been set aside to help transform Govanhill. The South Side community has long struggled to cope with cowboy landlords, poor housing, overcrowding and fly-tipping.

Campaigners, supported by Govanhill Law Centre, have been pleading for years for help to address the area’s complicated problems. Now, backed by local councillors, MSPs and Govanhill Housing Association (GHHA), locals have been given £1.8m to start tidying the area.

Part of that plan includes the creation of an enforcement squad – made up of council staff, police and fire officers – with an "armoury" of powers to crack down on slum landlords.  The team will have an annual budget of £300,000 with funding guaranteed for two years.  And lawyers from Govanhill Law Centre, led by Lorraine Barrie, will also be closely involved. Operating from a base in Coplaw Street, it will be the first time all the agencies have been brought together.

Lorraine said: "This new strategy is fantastic. What will really help is if we get the public involved and work on information they give us so we can target problem areas."  The new hit squad will track down unregistered landlords and enforce environmental health laws. Currently, any landlord running a house of multiple occupation without a licence can be fined up to £5,000. As part of the new measures, the maximum fine will next year rise to £20,000.

The Housing Bill currently going through Parliament is intended to strengthen powers for councils to ensure owners look after their property. The Government will review the current landlord registration system later this year, with the aim of helping councils ensure all private landlords sign up.  Lorraine added: "The new measures will give us a powerful armoury and help us take the power back from people who are breaking the law." 

The full story from the Evening Times (which is running a series of reports from Govanhill all of this week) is available online here.

@Orkney Street Seminars: a new series of legal events from GLC

GLC has launched an innovative continuing professional development (CPD) programme - entitled 'Govan Law Centre @Orkney Street Seminars' - with 18 events scheduled between October 2010 and January 2011.  The theme of the series is to provide a high quality strategic analysis of topical legal subjects, not readily available elsewhere, at an affordable price.

The series includes morning sessions on reclaiming bank charges following the Supreme Court's surprise decision last year; tackling property factor disputes; new lines of defence in mortgage repossession cases; as well as 'what you need to know' events designed for legal practitioners, and money advisors. 

Innovative forms of delivery include a series of 'twilight' sessions tailored to suit the specific needs of educational professionals, and 'bite-sized' late afternoon events designed to address the needs of social care and social welfare practitioners.  Events within the series will be of interest to solicitors, professional and volunteer advisors, school teachers, social workers and health care professionals, among others.

GLC's Principal Solicitor, Mike Dailly said:
"It's testimony to the first class legal team at GLC that most of our events will be led by our own award-winning solicitors and social care professionals.  Our relocation to the Orkney Street Enterprise Centre has given us purpose built in-house conference facilities, and the transport links to Central Govan and its Helen Street business corridor compare very favourably to other major UK cities.  This series of seminars represents the first stage in an ambitious and innovative legal educational programme".

The CPD seminar programme is available here (with links to the seminar booking page. Note: a limited number of ultra low cost seminar places may be made available under a GLC discretionary programme to be announced in due course).

Rogue landlords leaving new arrivals 'destitute'

The Evening Times reports that foreign workers are being lured to Glasgow with the promise of jobs and housing only to be left destitute, MSPs have been told.   Eastern Europeans are being charged hundreds of pounds by rogue agencies advertising in their countries, but end up unable to pay rent after they arrive.

The Scottish Parliament equal opportunities committee met in the City Chambers yesterday to discuss immigration and associated problems and heard some shocking examples of exploitation. Govanhill Law Centre told the committee it was dealing with more than 20 people from Czech Republic and Slovakia who became unable to support themselves.

The committee was told: “Local private landlords appear to have entered into informal arrangements with the agencies, allowing the agencies to act as ‘landlord’.

“When the workers are unable to pay their rent, the letting agent or owner of the property tend to harass and intimidate the workers. Several of the workers have been threatened with assault, they have had their gas and electricity cut off too.”

Petitions Committee holds evidence session on 'slum' housing

Scottish Government Housing Minister Alex Neil MSP and Cllr Steven Purcell, the leader of Glasgow City Council, will give evidence to the Public Petitions Committee meeting tomorrow (2 March 2010).

Anne Lear, Director of the Govanhill Housing Association has submitted a petition on behalf of the local community urging the Scottish Government to conduct an inquiry into the responsibilities of private landlords, below-standard social housing and the impact of slum living conditions on the health and well-being of residents. The petition was drafted with help from Govanhill Law Centre.

Committee Convener Frank McAveety MSP said: “Govanhill presents a particular housing challenge and this is a petition on behalf of local residents asking for help from national and local government. The hope is that they will be listened to by the key decision-makers who are gathered round the table.”

Migrant workers' rights conference

Govanhill Law Centre is hosting a major new conference on the UK rights of migrant workers on Friday 27 November 2009 at 10am to 4pm, Langside Halls, Langside Avenue, Glasgow.

Ian Japp, the Gangmaster Licensing Authority's Head of Enforcement for Scotland, will provide a key note speech, and there will be workshops on a range of legal topics including housing, employment, benefits and education.

The delegate cost(including lunch) for statutory agencies is £80, and £40 for voluntary agencies. Govanhill Law Centre is also providing a number of free places for members of the local community and those in financial hardship. The conference programme and booking details are available here.

Govanhill Law Centre launches new site

Govanhill Law Centre has launched a specialist new website for the community of Govanhill. The site - www.govanhilllc.com - provides information on the free legal services available from the centre's team of solicitors and caseworkers, local news and details of educational events held by the law centre.

Govanhill's Lorraine Barrie said, "Our new site will provide advice on housing, employment, benefits, education and consumer matters. We have a publications section with downloadable housing, employment and education law advice leaflets in Slovak and English".

"Govanhill Law Centre can assist anyone living in the Govanhill area, and we have a focus on enforcing the rights of minority ethnic communities and in particularly the Roma community. We can normally arrange free interpreters when required".

The Centre has already provided advice to Scottish, Romanian, Slovak, Asian, Lithuanian, Hungarian, Czech and Irish clients on many topics including unreturned tenancy deposits, illegal evictions by private landlords, tenancies in a seriously dilapidated condition, non-registered A8 national workers, employers noting wrong National Insurance numbers on wage slips, property factoring problems, unpaid wages, problems registering clients children for school, statutory repairs notices, sexual discrimination and redundancy issues.

The benefits matters dealt with for migrant workers include complex tax credits cases, clients who have been refused Income Support because they have failed the “habitual residence test”, housing benefit entitlements, applications for crisis loans, maternity benefit entitlement and Disability Living Allowance claims.

GLC on Radio Ramadhan

GLC's Mike Dailly will discuss the work of Govanhill Law Centre, on Radio Ramadhan's As-Salamu-Alaikum Glasgow on Tuesday, 7 September 2009 from 8am. Radio Ramadhan is a not for profit radio station serving the local Muslim community in Glasgow during the Holy month of Ramadhan.