THE Canal & River Trust is being investigated by the The Equality and Human Rights Commission (EHRC) that is reviewing whether the Trust is fully meeting its Equality Act obligations.
This is the result of complaints to the Commission by the National Bargee Travellers Association of a case where CaRT commenced enforcement action against a pregnant Bargee Traveller, it believes in violation of her Equality Act rights.
'Reasonable adjustments should be made'
In addition, the Commission raised the issue that the Trust's enforcement policy is making it increasingly difficult for the children of boater families to attend school, with the Commission concerned that 'reasonable adjustments should be made for an indefinite period if the protected characteristic requires this'.
The NBTA has been campaigning since January 2014 for the Trust to meet its Equality Act obligations not to discriminate against people on the grounds of disability, age, pregnancy and other protected characteristics.
This campaign was triggered because the NBTA was getting an increasing number of reports of disabled, elderly and ill Bargee Travellers being evicted or threatened with eviction because their age or disability meant that they could not comply with the movement requirements that the Trust claimed they should comply with.
Did not publicise
The campaign led to the Trust accepting that it had a duty to provide 'reasonable adjustments' to its enforcement procedure for disabled boaters. However it did not publicise this widely, or even tell those boaters who were in enforcement that they were entitled to such 'reasonable adjustments' keeping them in the dark as to their rights.
Even though the Trust agreed with the NBTA at a meeting that such information would be included in letters of enforcement, it reneged on this undertaking.
Boat movements
Earlier this year, Michelle Donelan MP, held a meeting with the Trust after a number of liveaboard boater families on the Kennet & Avon Canal contacted her for help because the current enforcement policy against them has made it increasingly difficult for their children to attend school. Ms Donelan met with Chief Executive Richard Parry in June and forwarded a proposal to him for reduced boat movement in term time balanced by greater boat movement in school holidays to make up the shortfall, but the Trust has not yet responded to this suggestion.