High court rules local authority must consider funding for a Traveller child when travelling

From the Equality and Human Rights Commission

The Equality and Human Rights Commission welcomes a High Court decision today that a local authority must support a three-year old, disabled child from a Traveller family, even when his family are working in other parts of Britain.

The case, in which the Commission gave expert advice in discrimination and human rights law as a third party, involved Child J, who has Down’s syndrome and other complex medical problems.

The boy is part of a travelling Roma Gypsy family who run a helter skelter and bungee trampoline at fairs around England and Wales during the summer. In winter the family stay with J’s grandfather, in Malvern, Worcestershire.

Worcestershire County Council assessed J, whose father is a seventh generation fairground traveller and his mother from a circus family, and agreed to fund nursery care for him while he was in their area, but said it was unable to provide services for him while the family were travelling.

The Commission, in what the Judge described as ‘powerful submissions’, said that it was unrealistic for Child J to access services from scratch every time the family moved into another local authority’s area.

It pointed to its own research that highlighted the inequalities faced by Gypsies and Travellers (who are recognised as a protected racial group under the Equality Act 2010) especially in relation to health care and education and said Worcestershire County Council had power under the law to meet J’s needs.

The child’s family argued that the Council’s decision not to provide services outside of its borders failed to consider their culture or lifestyle and the Court agreed.

Mr Justice Holman said: “Everyone loves a funfair. They are part of the tapestry of our national life. But there would be no funfairs without the travelling families who own the rides and amusements, erect them, man them, and then take them onto the next pitch.”

He acknowledged the case was of widespread importance to all local authorities and travelling families and added: “It must be a hard life and a hard working one, but it is a good life and an honourable one, which brings fun and joy to many people.”

He ruled that Worcestershire County Council was able to exercise its power outside of its area and should continue funding any provision it had put in place for the child.

Wendy Hewitt, Equality and Human Rights Commission Legal Director, said:

“We are very pleased that the High Court has recognised that travelling forms a core part of this family’s culture and they bring pleasure to many people with their funfairs.

“The Commission’s own research has found that Gypsy and Traveller families experience considerable inequalities and are one of the most deprived groups in Britain.

“This important ruling means that this little boy, and others in similar situations, can now continue their traditional way of life without fearing the loss of essential services to meet their health and educational needs.”

see also The Guardian - Travelling families win right to support throughout England and Wales