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MEMORANDUM OF UNDERSTANDING

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THE COMMISSION FOR RACIAL EQUALITY AND COMMUNITIES SCOTLAND

1. Introduction

The purpose of this memorandum is to set out the framework that the Commission for Racial Equality (CRE) and Communities Scotland have agreed for co-operation and collaboration. It takes particular account of:

§ the duty to promote race equality imposed on public authorities by the amended Race Relations Act (the ‘general duty’), and the linked specific duties, and

§ the Framework for Inspectorates on the Duty to Promote Race Equality published by the CRE.

The CRE and Communities Scotland recognise that they share the aim of improving the race equality performance of social landlords and by that means achieving outcomes which are characterised by increasing equality of access and equality of outcome for communities and service users, more representative workforces and greater confidence among employees, community and service users.

2. Roles

Commission for Racial Equality

The CRE has duties to work towards the elimination of discrimination and to promote equality of opportunity and good relations between people of different racial groups. To help meet those duties the CRE can:

§ assist individuals to pursue complaints of racial discrimination,

§ conduct formal investigations where it believes racial discrimination may be occurring,

§ issue codes of practice in the fields of employment and housing,

§ issue codes of practice in respect of the duty to promote race equality,

§ seek judicial review of failure to comply with the general duty,

§ issue compliance notices if it believes that a public authority is not meeting one of its specific duties.

Communities Scotland

Amongst the functions of Communities Scotland is the regulation and inspection of both Registered Social Landlords (RSLs) and local authorities. This responsibility, which Communities Scotland carries out on behalf of Scottish Ministers, covers all of the activities of RSLs and the housing, homelessness and factoring functions of local authorities.

In giving this role to the Regulation and Inspection Division of Communities Scotland, the aim of Scottish Ministers is to ensure that tenants, future tenants and other consumers will benefit from a regulatory service which promotes quality, continuous improvement and good practice in the social housing sector.

3. Areas for Cooperation

Given the respective roles and responsibilities of the CRE and Communities Scotland, there are a range of circumstances where cooperation will be required. These are as follows.

• The CRE may receive information that a local authority is failing to meet its duty to promote race equality, and/or one or more of its specific duties. This information may include, but would not be limited to, allegations or findings of racial discrimination by that local authority. The information may arise from

- an application for assistance with a formal complaint

- preliminary enquiries prior to possible enforcement action

- conduct and findings of a formal investigation

- use of the compliance notice procedure, or

- a general source.

• Communities Scotland may receive information during the course of its regulation activities about the steps that a local authority has taken (or failed to take) to meet its general and/or any specific duty which gives rise to concern that the local authority may not be meeting its duty to promote race equality and/or is unlikely to do so within a reasonable time frame.

• Communities Scotland may receive information during the course of its regulation activities which suggests that a local authority has developed policies and practices which are exemplary for the sector in a particular area of activity.

4. Forms of co-operation to be adopted

In situations where the work of the CRE and Communities Scotland gives rise to issues of mutual concern, the bodies will act cooperatively to ensure that their functions can be fulfilled effectively and efficiently.

In regard to the particular situations highlighted above, the following forms of cooperation will be adopted.

§ Where the CRE receives information in confidence from an individual applicant for assistance that appears to the CRE to be of sufficient importance, and is relevant to the remit of Communities Scotland, the CRE will seek the applicant’s permission to disclose a summary of the allegations to Communities Scotland in confidence. Communities Scotland will retain this information on file to be followed up as part of any future inspection or other relevant regulatory activity.

§ Where the CRE receives information that a local authority may not be meeting its general or specific duties and is considering a possible formal investigation, application for judicial review or a compliance notice, it will notify Communities Scotland and take account of any response received

§ Where Communities Scotland makes an assessment that a local authority may not be meeting its general and specific duties, it will:

- notify the authority of its preliminary view and suggest it might wish to contact the CRE and seek advice and assistance on action to fulfil its duties;

- include its view regarding the risk that the duties are not being met in the public inspection report, along with an assessment of any action being taken to deal with the situation; and

- draw this aspect of the report to the CRE’s attention;

- take part in any case conference arranged to discuss possible action or intervention.

§ Where Communities Scotland identifies instances of exemplary practice, it will draw the practice to the CRE’s attention and, in discussion with the CRE, consider appropriate methods of sharing the information to drive up standards in social housing, such as:

- featuring the information in the public inspection report;

- publishing or otherwise disseminating case study material;

- including the information in thematic reports.

§ CRE staff will accompany a Communities Scotland inspection team during at least one local authority inspection during the first year of operation of the MoU to provide expert guidance and to confirm that the approach adopted by Communities Scotland staff meets the requirements of the CRE’s “Framework for Inspectorates in Scotland”.

5. Review of this memorandum

The CRE and Communities Scotland will keep the working of this memorandum under review, update it regularly, and carry out a formal review after one year of operation.

Signed:

Karen Watt, Director of Regulation & Inspection, Communities Scotland

Mick Conboy, Head of Operations, Commission for Racial Equality

20 November 2003