Government challenged over lack of tick-box for Sikh ethnic group in Census 2021 proposals
The Government is facing a legal challenge over its decision not to include the options of a tick-box for the Sikh ethnic group in its proposals for the Census 2021.
Bhai Amrik Singh, chair of the Sikh Federation UK, which is bringing the claim, said: “Without public bodies monitoring Sikhs as a distinct ethnic group they cannot be aware of the barriers Sikhs face as a religio-ethnic community. As a result decisions are taken by local authorities and central government, on the basis of inaccurate data, that overlook the specific needs of this community.
“We hope that the government will listen to our arguments and agree to apply a lawful approach to this decision without the need for the case to be fought in the courts.”
The Sikh Federation (UK) argues that it would be unlawful for the Cabinet Office to lay before Parliament a Census Order based on the proposals set out by the Office of National Statistics (ONS) in their December 2018 White Paper. The draft Census Order is due to be laid before Parliament in autumn 2019.
The Federation said it believes that the process which preceded the ONS’ recommendation that a Sikh ethnicity category not be included in the 2021 census was unlawful.
In 2011, the UK-wide Census recorded approximately 430,000 Sikhs based on a non-mandatory question about religion. The Federation said, however, that not all people who would identify as ethnically Sikh identify as religiously Sikh. "Additionally, the non-mandatory religious question in the Census is unsatisfactory with over 4 million non-responses and 16 million specifying no religion in 2011."
In a letter before action the Federation argued that any attempt to understand data on ethnic Sikhs using religious data would yield inaccurate results.
Rosa Curling, solicitor from law firm Leigh Day, which is acting for the Federation, said: “Our clients have identified a number of flaws within the process for determining whether to include a Sikh ethnicity category in the 2021 Census. They believe it is crucial that individuals are able to identify as ethnically Sikh in the next Census to ensure a more accurate picture of the community is taken. This will ensure public bodies are fulfilling their duties under the Equality Act when making decisions about the allocation of vital public services.
"Our clients have been in numerous discussions with the ONS and Cabinet Office over a number of years but now feel that they have no choice but to begin legal action.”
Leigh Day has instructed David Wolfe QC and Ayesha Christie of Matrix Chambers in the case.
