The Sikh Federation (UK) has today lodged a judicial review claim against the ONS for not including a ‘Sikh’ ethnic question tick-box in the 2011 Census.

The 17-page pre-action letter issued to the ONS by Bindmans, a top law firm specialising in human rights and discrimination with nationally recognised leading experts, asserts the decision not to include an ethnic tick-box in the 2011 Census, and the decision-making process leading up to it, is unlawful.

The letter points out serious limitations in the Equality Impact Assessment and prioritisation exercise carried out by the ONS.

The ONS is specifically accused of:
a) failing to gather or commission research that would have provided them with the information needed to make a considered decision;
b) failing to consider relevant information that was already available to them prior to both exercises; and
c) considering irrelevant or flawed information.

The letter states: “ONS’s failure to gather and consider relevant information has led them to reach inadequate and incorrect conclusions which are unsupported by facts.”

“Substantial under-counting of the Sikh population, and its implications in terms of equality monitoring and the provision of services, is an issue of serious concern within the Sikh community.”

The letter concludes:

“There can be no doubt that failure to include Sikhs in the ethnic category of the Census disadvantages them by comparison with ethnic groups who are included. The omission of Sikhs renders them invisible as an ethnic group. The invisibility of Sikhs means that their distinct needs are overlooked in terms of the provision of services and equality monitoring. At its lowest, this means that public authorities cannot identify the needs of Sikhs, or the disadvantages suffered by them, and cannot therefore promote equality of opportunity or eliminate discrimination.”

The ONS will have 14 days to provide a response.