Tenants and residents of Tower Hamlets Community Housing (THCH) have formally complained to the association’s board over a failure to consult properly. They have claimed that a flawed consultation process indirectly discriminated on grounds of race or ethnic background, and against disabled tenants and residents, potentially breaching Equality laws.
Merger Threat
When THCH sought to merge with another housing association, Poplar HARCA, in an attempt to manage a £90 million budget deficit, they were required by the Regulator of Social Housing to consult their tenants and residents in an ‘appropriate and effective manner’.
But a survey by a residents’ group which sought the views of more than 1,000 THCH occupants from eleven different blocks or streets revealed that the majority did not receive any communications about the proposed merger. In fact, less than ten had received letters, some of which arrived after the consultation closed.
They also say that the manner in which the consultation occurred did not take account of the demographic profile or particular needs of tenants and residents. These failings led to potentially unlawful discrimination.
Equality Act Breaches
The borough of Tower Hamlets is one of the most ethnically diverse areas of Britain. The council’s website boasts:
“We are one of the UK’s most culturally vibrant and diverse areas .. The borough has for centuries welcomed and been home for many immigrants to Britain.
…Today, some 49 per cent of residents are from black and minority ethnic (BME) communities; 33 per cent are of Bangladeshi heritage, and there are also sizable Somali, Caribbean, Chinese, Vietnamese, Indian and Pakistani communities.”
Under the Equality Act 2010, this ethnic spread places a requirement on local organisations to accommodate different cultural backgrounds when providing goods or services. Failure to do so is potentially in breach of the law as a form of ‘indirect discrimination’.
THCH campaigners reflect the rich cultural heritage of the borough
Tenants and residents thus allege that THCH broke the law when it failed to produce consultation materials in the borough’s dominant languages of Bangladeshi and Somali.
Further, they did not take account of the very high levels of digital exclusion when consulting. Many tenants do not have access points for text, email or website communications. THCH effectively excluded tenants with disabilities, limited or no internet access, and requiring comprehension support. This represents a further violation of the Equality Act.
Complaint is Not a Complaint
THCH responded to the group of complainants, but their reply was less than satisfactory. They did not acknowledge or reference any of the equalities concerns, but instead refused to accept the complaint as a complaint. Their excuse is that the Regulator of Social Housing previously conducted a review of the consultation process and confirmed that THCH had met its requirements.
This reaction has been described by the group as “pathetic and laughable” given that the Regulator also told residents they were “following the correct route by raising concerns directly with THCH through their formal complaints process”.
The merger with Poplar HARCA, a landlord which is also under considerable financial pressure, is deeply unpopular with tenants and residents of THCH. For them, the union will take them out of the frying pan straight into the fire.
There is little prospect of urgently needed repairs and refurbishment being carried out across the estate, and a high likelihood of sharp service charge hikes which tenants and residents cannot afford to pay.
The favoured solution for tenants and residents is a return of their homes to council control, combined with financial assistance from central government to fund the deficit.
They are determined to fight on and are supported by SHAC.
16 December 2023
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