Millions with mental health problems missing out on Equality Act protections from banks

Millions of people with mental health problems say they are missing out on Equality Act protections from banks and other essential services firms according to new a report by Money and Mental Health Policy Institute.

The research found that many banks and other essential services providers are likely to be failing to meet legal duties set out in the Equality Act 2010, which requires them to anticipate and address the needs of customers with mental health problems.

The report shows that under the Equality Act, around 9.5m people in the UK with mental health problems could be entitled to extra support from businesses such as banks. However, only 3 in 10 people with mental health problems say they have received this support — leaving many struggling to use these vital services, and suggesting that many firms are not meeting their legal duties.

It shows that under the Equality Act — legislation introduced to protect people from discrimination — financial services providers are obliged to provide additional support to ensure that customers with mental health problems and other disabilities are not disadvantaged by their condition. For example, Money and Mental Health’s research shows that many people with mental health problems face challenges such as severe ‘admin anxiety’ and serious difficulties using the phone, which can make it harder to use essential services.

In particular, the Equality Act compels financial services firms to anticipate the challenges that customers with mental health problems might face in using essential services, and to provide reasonable adjustments to support them. These could include giving people extra help with decision-making and reminders to help them manage their account, or allowing them to opt-out of certain types of communication channels.

Around one in three people who told an essential services provider that they have a mental health problem say they were not offered any additional support, as required for those protected under the Equality Act.

The Money and Mental Health Policy Insitute are calling on financial services providers and other essential services firms to ensure they are meeting their Equality Act obligations to support customers with mental health problems.

Only three in ten (29%) people with mental health problems say that essential service providers usually anticipate and meet their needs, as required for those protected under the Equality Act.

Around one in three people with mental health problems said they were not offered any reasonable adjustments even after telling an essential services firm that they had a mental health condition, as required for those protected under the Equality Act.

People told Money and Mental Health that they were ignored or even treated with contempt after disclosing a mental health problem to an essential services provider.

Less than a third of people (32%) with mental health problems say they have been asked by most of their essential services providers if they have any needs that would affect their ability to use services. This is a crucial step for firms in meeting their Equality Act requirements.

These problems are having a major psychological impact on people already struggling with mental health problems — more than a third of whom (37%) say that dealing with an essential services provider has resulted in significant levels of anxiety.

They are also leaving vulnerable people effectively unable to use vital services, and at greater risk of financial harm in the middle of a cost of living crisis.

The charity is also calling on the Equality and Human Rights Commission — which enforces the Act — to investigate whether firms are breaking the law .The research also highlights that the Equality and Human Rights Commission (EHRC) — which enforces the Equality Act — is failing to investigate whether essential services are complying with their duties. This leaves vulnerable consumers essentially powerless and missing out on Equality Act protections, as so few have the resources to take their bank or energy company to court to get the help they are legally entitled to.

Commenting on the research findings, Helen Undy, Chief Executive of the Money and Mental Health Policy Institute, said “The Equality Act exists to ensure that anyone who has a disability can access basic services like banking, broadband and energy. In recent years businesses have made welcome efforts to help people with physical and sensory disabilities use their services, like adding wheelchair ramps or sign language interpreters. But time and time again, people with mental health problems appear to be forgotten.”

“If financial services firms ignore their Equality Act duties, they are not only exposing vulnerable people to potential hardship and distress, they are breaking the law. But this won’t be a priority for firms unless they are held accountable for it. The Equality and Human Rights Commission is failing to enforce the Act in these crucial sectors, and so the legal protections it offers can feel meaningless. And realistically, how many of us would be able to take our bank to court to get the help we need?”

“With so many people facing a bleak year ahead, it’s vital that banks and regulators act to ensure that people with mental health problems can easily access the services we all rely upon.”