Govanhill Law Centre prevents “instant” eviction of family of EU citizens without notice in Glasgow

Govanhill Law Centre (GhLC) has prevented the instant eviction of a family of European Union (EU) nationals with four young children by lodging a sheriff court appeal earlier this afternoon seeking the suspension of the eviction.

Physical ejection from the property was scheduled to take place tomorrow at 10am in Govanhill. A sheriff at Glasgow Sheriff Court has now issued a court order to temporarily suspend the ejection, in order to give the family time to secure homeless or alternative accommodation.

The client had obtained the lease of a privately let flat in Govanhill, paying a deposit and rent, only to discover they had been duped.  There is a criminal practice in Glasgow of fraudsters breaking into vacant flats and falsely letting them out to vulnerable low paid EU workers. 

Our client’s case called in court yesterday on 48 hours notice (instead of the usual 21 days). Our client accepted she would have to leave the flat but asked for a little time to find alternative accommodation. The sheriff refused to do so and granted an immediate extract decree for eviction, and dispensed with the need to serve a charge for removing. The standard practice on decree for eviction is an occupier will have 28 days before eviction by sheriff officers.

The client’s solicitor, GhLC’s senior solicitor, Rachel Moon obtained instructions for Govan Law Centre’s Mike Dailly to draft an urgent Note of Appeal today. The Note of Appeal argued that the sheriff’s decree was unlawful as it was a disproportionate interference with the client’s right to respect for her private and family life, and her home, as safeguarded by Article 8 of the European Convention on Human Rights.

There had been no proper assessment of the proportionality of the granting of an “instantly enforceable” eviction decree as was required standing European human rights jurisprudence including the case of Kay v. UK (2012) 54 E.H.R.R.  Some key facts in the case were in dispute and there was no evidential inquiry.

The court had been made aware the family could not obtain homelessness assistance from the local council upon zero notice, given the need to ingather evidence to satisfy the various residency and work tests for eligibility, and would be destitute and homeless without some period of notice. Despite this, the sheriff had granted decree, which would be immediately enforced with no notice.

Following the sheriff’s order this afternoon, the family now have an opportunity to secure alternative accommodation with the help of Govanhill Law Centre.

Govanhill Law Centre prevents “instant” eviction of family of EU citizens without notice in Glasgow

Govanhill Law Centre persuades local authority to treble rate of pay for overnight care workers

Govanhill Law Centre has been successful in persuading a local authority in Scotland to almost treble its rate of pay for overnight "sleepover care".  A self-directed care funding package had made provision for £3.51 per hour gross pay for overnight care workers - £3.03 per hour net.  That figure has now been revised to £9.38 per hour in a disabled person's care package. The funding package had previously made no provision for the cost of paying the National Minimum Wage (NMW) to carers providing overnight care. 

The requirement to pay the NMW is a statutory right is set out in the National Minimum Wage Act 1998, as amended, and the National Minimum Wage Regulations 2015. The NMW from April 2017 was £7.50 per hour (£8.54 gross), for those aged 25 and over. It will be £7.83 per hour net from April 2018. 

The local authority's position was that funding for overnight care was being considered nationally by local authorities in discussion with the Scottish Government. In dismissing the client's complaint pursued by Govanhill Law Centre's senior solicitor Laura Simpson, the council argued that "it would not be fair or equitable to increase funding to your client alone". 

A petition for judicial review was drafted in-house by Govan Law Centre's Principal Solicitor to challenge the local authority's decision in the Court of Session in relation to the relevant law.  The petition sought reduction of the local authority's decision as ultra vires and illegal. However, the local authority chose to review and increase its rate of pay above the NMW rate while the petition was sisted at the Court of Session pending determination of a full civil legal application.

The petitioner's position was that overnight carers were entitled to the NMW having regard to Whittlestone v. BJP Home Support Limited [2014] I.C.R 275, and J Esparon t/a Middle West Residential Care Home v. Slavikovska [2014] I.C.R. 1037.; and Wright v Scottbridge Construction Ltd 2003 SC 520, where the Inner House of the Court of Session held that for the purpose of Regulation 3 of the National Minimum Wage Regulations 1999 where an employee was contractually required to be at a work throughout a shift, the entire period of the shift was “time work” for the purpose of Regulation 3.

Govanhill Law Centre persuades local authority to treble rate of pay for overnight care workers

Inner House declares ‘Sword of Damocles’ contractual term unlawful: GLC Public Interest Litigation Unit

A homeowner involved in a legal dispute with a Scottish local authority has won his appeal after arguing the council acted beyond its powers in imposing a condition to an award of grant assistance, which required homeowners to pay their share of the cost of repairs by the time the final account for works was issued or lose all grant assistance.

Judges in the Inner House of the Court of Session allowed an appeal by a homeowner, who argued that Glasgow City Council, in imposing a “pre-payment condition” as a term of grant assistance, acted ultra vires of its powers in terms of Part 2 of the Housing (Scotland) Act 2006. Lord Malcolm and Lord Glennie heard that the homeowner co-owned a flat in Govanhill, Glasgow, with his wife.

Following a survey of properties in the area, in April 2011 the council served a work notice on the owners of the flats stating that their tenement building in Langside Road was in “disrepair” and that certain repair works required to be carried out to put right a number of defects.

For the petitioner solicitor advocate Mike Dailly argued that there was nothing in Part 2 of the 2006 Act relating to the provision of grants which allowed the council to impose a “pre-payment condition” as a condition of a grant, failing compliance with which the grant would be revoked. Such a condition was “contrary to the policy objective” of part 2 and was not mentioned in the council's policy statement on assistance.  It was argued that as the council had made a decision to award the petitioner a 75% grant for the cost of repairs, it could not be withdrawn on the basis of the imposition of a condition which was ultra vires.

On behalf of the council, Gavin MacColl Q.C submitted that the pre-payment condition of the grant was intra vires, being permitted in terms of sections 74(4) and 81(1)(d) of the Act, and that it was imposed for a relating to Part of the Act - to encourage people to pay their share of the cost of repairs. However, the appeal judges ruled that the pre-condition did not fairly or reasonably relate to the grant and that it “goes well beyond what is legitimate”.

The judges also observed that it seemed to be “counter-intuitive” that an individual who had been found to be eligible for a mean-tested grant of 75% of the costs of the work should have the availability of that grant made subject to a condition with which he would “almost certainly find it difficult, if not impossible, to comply”.

Rt Hon Lord Glennie

Delivering the opinion of the court, Lord Glennie said: “It may be intended as a kind of sword of Damocles, hanging over the owner of the property to encourage him to pay the sum due from him for his share of the cost of the repairs. But, if activated, the effect goes much wider than enforcing payment of the sums already due; it takes away the whole of his grant.  

“The grant itself, and the threat to withhold it if the non-grant part of the cost is not paid in full and on time, is being used as a lever, a stick, to encourage payment by the owner of the part of the repair cost which he already is under an obligation to pay. This is not a condition which is attached to the grant for the purposes of the grant – to make sure that it is properly applied, that the work is carried out satisfactorily, or whatever".  

"It is attached to the grant for the purpose of ensuring payment of other sums which are and have always been the responsibility of the owner of the property. In those circumstances we consider that the pre-condition goes much further than is justified in terms of the Act. It is ultra vires the council.”

Inner House declares ‘Sword of Damocles’ contractual term unlawful: GLC Public Interest Litigation Unit

In rooting out slum private landlords, Glasgow needs contingency plans to accommodate displaced occupiers in Govanhill

A £9.3m ‘buy-out’ scheme that will bring substandard private rented sector housing into social ownership in Glasgow's Govanhill was discussed on STV Glasgow last night by Govanhill Law Centre's Senior Solicitor, Rachel Moon, and Anne Lear, Director of Govanhill Housing Association. Govanhill Law Centre (GhLC) is part of GLC.

The Scottish Government and Glasgow City Council initiative is part of a two year program whereby funds will be used to buy around 80 properties through Govanhill Housing Association. Initial stages have been to build a team of staff to investigate who is living in the properties, and public meetings have been held at some of the worst addresses to gauge the interest of landlords in selling to the housing association.

When asked about criticisms that the scheme would miss the main people it was trying to target without compulsory purchase powers, Ms Lear advised that whilst they were trying to go along the route of voluntary sales in the first instance, the council had confirmed that compulsory purchase orders (CPOs) was not ‘off the table’. The issue of using CPOs was the first case GhLC took on when it launched on 19 November 2008 in Govanhill on behalf of the then Leader of Glasgow City Council, recognising the need to tackle substandard housing in private landlord ownership. 

GLC welcomes the public money to be spent in Govanhill. All too many private landlords in the area act with impunity and exploit vulnerable residents. However, GLC believes provision must be made for those existing tenants and residents. Many of the properties targeted are in a state of disrepair, and overcrowded and existing occupiers will be displaced by the buy-out. 

Many displaced residents will have to apply for alternative accommodation through applying for a housing association property (many of whom have long waiting lists) and many will be forced to present as homeless for emergency accommodation. In the long term, hopefully there will be more sustainable and more suitable housing for the most vulnerable families in the community, but the short term consequences should not be ignored in GLC's view.  

It is understood Govanhill Housing Association share these concerns, and Govanhill Law Centre looks forward to working with the Association and other stakeholders to bring about a contingency strategy for these tenants to make sure that they don’t slip through the net.

Glasgow City Council has applied for Govanhill to obtain ‘Enhanced Enforcement Area’ status. This would give the local authority greater powers to enter and take action against recalcitrant landlords. We support this. GLC hopes that all local organisations can work together to root out the slum private landlords in the area.

Tenants are subjected to extreme disrepair, infestation and lack of services and extortionate amounts are being paid to landlords. Letting agents exist which are not real organisations. Names are registered on the Private Landlord Register which bear no resemblance to the tenancy agreement. People are being illegally evicted in increasing numbers. It will take strategic and targeted action to make sure that these private landlords are rooted out. 

We are working closely with the police to ensure that those landlords and letting agents are brought to justice under the Rent (Scotland) Act and there are a number of cases which have been reported to the Procurator Fiscal in recent weeks after a targeted approach.

  

Despite the high levels of public investment through housing benefit, and the effect on communities and tenants health and employment opportunities, there is no effective regulatory body to act as a check on the Private Rented Sector in Scotland. This is why Govan Law Centre has called upon the Scottish Government to introduce legislation to create a national regulatory body with legal teeth to raise standards and prosecute landlords and letting agents who break the law.

In rooting out slum private landlords, Glasgow needs contingency plans to accommodate displaced occupiers in Govanhill

Tribunal finds Her Majesty's Revenue and Customs in contempt of court as Govanhill Law Centre recovers £20,000 in tax credits for client

Govanhill Law Centre - part of the Govan Law Centre Trust - acts on behalf of a number of A8 and A2 nationals in the field of social welfare law. In December 2011 we published a 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.’

A particularly difficult case relates to a Slovakian National who has resided in the UK since September 2007.  She is a single parent with two dependant daughters, born July 2002 and April 2004. Our client received tax credits in 2008.  In or around July 2010 tax credits were withdrawn. 

Our client appealed against the decision to terminate payment of tax credits. Correspondence became increasingly protracted, information was sought and supplied by our client, however, HMRC declined payment and continued to request the same information over and over.

HMRC would not accept that our client had qualifying children and repeatedly refused her application for tax credits in spite of birth certificates, national identity cards and letters from the local school confirming the same.  In November 2011 our client was advised that she would receive tax credits, however this was then withdrawn.  Correspondence continued, however no progress was made. 

The opinion of advocate Joe Bryce was sought in an effort to assist this particularly vulnerable client.  There has been chronic maladministration by HMRC, particularly in dealing with A8 Roma. There have been unreasonable information requests, unlawful retention of documents, a presumption of fraudulent behaviour, the imposition of different and unnecessary procedures and inordinate delay.

There was no progress in this case since the April 2012 when an appeal against the March 2012 decision because HMRC has never referred the appeal to the Tribunal.

GhLC solicitor Donna Morgan said: "Counsel was of the view that the client did not need to wait for the HMRC to notify her appeal to the Tribunal; she could do it herself, with our assistance. The Tax Credits Act 2002 permits this unusual approach, so far as we are aware this is the first successful appeal from an individual direct to the tribunal".

"Many direction notices were issued by tribunal services giving HMRC the opportunity to respond, which they failed to do to such an extent that HM Tribunal and Court Services found HMRC in contempt of court".

GhLC caseoworker, Jitka Perinova said: "Shortly thereafter HMRC issued letters confirming that backdated payment would be made from November 2010 to February 2013 would be paid.  Substantial sums totallling almost £20,000 have now been paid to our client improving her quality of life and that of her two children".

Tribunal finds Her Majesty's Revenue and Customs in contempt of court as Govanhill Law Centre recovers £20,000 in tax credits for client

Govanhill success for GLC's Payday Loan Survival Guide as relaunched with Glasgow University's Student Representative Council

Govan Law Centre's (GLC) Payday Loan Survival Guide has been redesigned and relaunched with the support of Glasgow University's Student Representative Council (GUSRC).  You can download the new GLC 'Breaking free from payday loan debt' leaflet here.

Working in partnership with GUSRC, we have also launched a separate Glasgow student version of the guide, which is available from GUSRC on Glasgow University's campus at the John McIntyre Building.

The guide has been used to help empower citizens to regain control of their finances and challenge unfair charges and interest whereever possible. Govanhill Law Centre (GhLC) solicitor, Rachel Moon, recently used the legal arguments in the guide to secure a fantastic outcome for a client in Glasgow's Govanhill.

GhLC's Rachel Moon, Solicitor

GhLC's Rachel Moon said: "Wonga currently have an advert showing the 'real life' stories of people who use Wonga, however the stories do not correspond with our experience with this pay day loan company and others.

Our client was hospitalised and off work and as a result receiving only statutory sick pay. Our client took out pay day loans as she was struggling to maintain her court agreed rent payment arrangement. These loans were continually rolled over incurring the additional fees and costs in addition to the high rates of interest. The money was taken directly from her account leaving her with little or no money to buy food and other necessities and certainly no money to pay her rent.

We made a complaint on behalf of our client to the 23 pay day loan companies who had given her credit in a matter of minutes. This was on the basis that the companies had not undertaken proper creditworthy assessments under the Consumer Credit Act 1974, as they are required to do and that the loans should be written off as a result. We argued that it should have been apparent from the assessment carried out that the loan was not suitable or affordable for our client.

Payday loans aren't cuddly or cheap

We have had some success and a number of the companies have confirmed that they will write off the debt in its entirety; other companies have advised that no further interest will be added to the outstanding amounts and would offer a settlement figure of capital alone. During this process, it was discovered that an administration fee was incurred when our client went through a broker website. When requested to do so, these have all been repaid within a number of days".

Govanhill success for GLC's Payday Loan Survival Guide as relaunched with Glasgow University's Student Representative Council

GLC informační průvodce - Govan Law Centre publishes its 'Challenge the Bedroom Tax Toolkit' in Czech

Govan Law Centre (GLC) has published its highly successful 'Bedroom Tax Toolkit' in Czech, and is distributing the Czech version of its toolkit through Govanhill Law Centre to assist members of the EU migrant worker communities in Glasgow. The Czech version of GLC's bedroom tax toolkit is freely available here.

GLC's 'Challenging the Bedroom tax Toolkit', aims to provide people with a means to utilise their rights of review and appeal in law, in terms of changes in the eligibility rules to UK housing benefit from the new 'under-occupancy' rules, which came into force last month.  

The GLC bedroom tax toolkit was developed to protect our clients and other tenants across the UK, including in terms of the 'anti-test case' social security rules, whereby if future legal challenges to the bedroom tax were successful (there are over 10 judicial reviews ongoing across the UK at present) people would be able to receive back payments, subject to any successful court challenge.

GLC has been careful not to give false hope to people; we are empowering and enabling people to act upon their human rights to challenge bedroom tax and housing benefit decisions. Legal arguments are untested, although there are some decisions which point in the favour of disabled tenants in particular in the UK.

GLC's toolkit has been e-mailed to over 7,000 people across the UK by us directly, and has been distributed many times more through social media and online resources, and is available through a number of advice agency websites, including Shelter Scotland, Shelter Wales and Birmingham Law Centre.

GLC informační průvodce - Govan Law Centre publishes its 'Challenge the Bedroom Tax Toolkit' in Czech

City Council report confirms law centre most popular support organisation in Govanhill for Roma community

A report commissioned by Glasgow City Council's Development and Regeneration Service has confirmed that Govanhill Law Centre (GhLC) was the most popular support service amongst members of the Slovak and Czech Roma community in Glasgow's Southside.

GhLC is part of the Govan Law Centre Trust. The report by Peter Crkon found that awareness of advocacy and support organisations in the Govanhill area of the City was reasonably high with over 60% of respondents having used local agencies at least occasionally, and 42% using them regularly. Awareness amongst those surveyed by the council was as follows:

• 66% - Govanhill Law Centre
• 59% - Crossroads
• 9% - Glasgow Regeneration Agency
• 6% - Daisy Street Neighbourhood Centre
• 2% - social work, health visitors and interpreters

The report was tasked with examining the economic performance and human capital levels of Slovak and Czech Romani migrants who lived in the neighbourhood of Govanhill, Glasgow. The report looked at a number of factors including education levels, English language skills, length of residence, employment and labour force participation: 'An Assessment of the Human Capital Levels and Economic Performance of A8 Romani Migrants in Govanhill', Peter Crkon, DRS, Glasgow City Council.

GLC's work in Govanhill is funded and supported by the Scottish Government.

City Council report confirms law centre most popular support organisation in Govanhill for Roma community

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.

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

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.

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

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.

Govanhill citizens' empowerment project

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.

GLC recruitment: new Govanhill Public Legal Education Project

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".

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

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).

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

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”.

Govanhill Law Centre client wins sex discrimination case

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.

All together: Scottish law centres show solidarity with TUC campaign

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.

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

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".

GLC calls for widescale 'FOI' extension in Scotland

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.

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

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.

GLC welcomes £2m rescue plan for Govanhill