The Equality Act 2010 (the Act) replaces the previous anti-discrimination laws with a single Act

Appendix 3

Equality Impact and Outcome Assessment (EIA) Template - 2019

EIAs make services better for everyone and support value for money by getting services right first time.

EIAs enable us to consider all the information about a service, policy or strategy from an equalities perspective and then action plan to get the best outcomes for staff and service-users[1].They analyse how all our work as a council might impact differently on different groups[2]. They help us make good decisions and evidence how we have reached these decisions[3].

See end notes for full guidance. Either hover the mouse over the end note link (eg: Age¹³) or use the hyperlinks (‘Ctrl’ key and left click).

For further support or advice please contact:

BHCC: Communities, Equality and Third Sector Team on ext 2301
CCG: Engagement and Equalities team (Jane Lodge/Debbie Ludlam)

1. Equality Impact and Outcomes Assessment (EIA) Template

First, consider whether you need to complete an EIA, or if there is another way to evidence assessment of impacts, or that an EIA is not needed[4].

Title of EIA[5]

Introduction of a charging policy for children who become Looked After at the request of their parents under Sec 20 of the Children Act (1989)

ID No.[6]

Team/Department[7]

FCL

Focus of EIA[8]

To introduce a charging policy in specific and limited circumstances that is legally compliant.

As of 28/09/20 BHCC is caring for 379 children in care of which ….. are accommodated via Section 20 of the Children Act (1989). Because there has been no charging policy in place thus far, it is not possible to determine how many of these children might have incurred a financial charge to their parents. It is highly likely however that many would be exempt, had the exceptions set out below been applied.

Going forward, the proposal will impact any parent who makes a request to BHCC for their child to be accommodated on a voluntary basis unless the following specific exceptions apply i.e:

they are in receipt of some means tested benefits including Income Support, any element of Child Tax Credit other than the family element of Working Tax Credit, income-based Job Seekers Allowance, or income related Employment Support Allowance.
they have no personal finance from any source.
if care is required to support a family with a severely disabled child
the child is subject to an Interim Care Order, Care Order, Emergency Protection Order or subject to Police Protection.
the child is remanded into Local Authority foster care, or subject to a Youth Rehabilitation Order with an attached Residence Order (Child Arrangement Order).
the child is detained under S38(6) of the Police and Criminal Evidence Act 1984, or under S92 of the Powers of Criminal Courts (sentencing) Act 2000
the accommodation is provided as part of an aftercare service under section 117 of The Mental Health Act
the child is placed with parents under S22(c) of the Children Act 1989
the child has been relinquished for adoption

2. Update on previous EIA and outcomes of previous actions[9]

What actions did you plan last time? (List them from the previous EIA)	What improved as a result? What outcomes have these actions achieved?	What further actions do you need to take? (add these to the Action plan below)

3. Review of information, equality analysis and potential actions

Groups to assess	What do you know[10]? Summary of data about your service-users and/or staff	What do people tell you[11]? Summary of service-user and/or staff feedback	What does this mean[12]? Impacts identified from data and feedback (actual and potential)	What can you do[13]? All potential actions to: · advance equality of opportunity, · eliminate discrimination, and · foster good relations
Age[14]	Currently there are ….. under 18s in care under s.20, however as there is no charging policy or financial assessment currently in place it is not possible to know how many of these would be affected.	Both Hampshire and East Sussex have introduced a similar policy, the policy has been discussed with them and they have not indicated that any negative feedback from parents has been received. Because there has been no charging policy in place thus far it is not possible to determine the views of the parents and the children, where the proposed policy might require a charge in the future.	We will not know the impact until the policy is implemented. Equality monitoring will take place as part of the monitoring of the policy	Heads of service have discretion not to charge the family if the financial assessment or other circumstances mean the family will experience hardship.
Disability[15]	As the financial charging is not in place now, we are unable to identify if there is a disproportionate number of disabled parents who might, in the future, be subject to a charge.	As above	As above	Those Children with disabilities and high levels of need are exempt from this policy
Gender reassignment[16]	Gender reassignment of parents is not recorded in a way that can be pulled from our system.	As above	As above	Heads of service have discretion not to charge the family if the financial assessment or other circumstances mean the family will experience hardship.
Pregnancy and maternity[17]	We do not record in a way data can be pulled where a child is accommodated due to their parents pregnancy	As above	As above	As above
Race/ethnicity[18] Including migrants, refugees and asylum seekers	Different ethnic groups are not reflected disproportionally [AG1] in the overall profile of children accommodated via Sec 20 and thus this proposal will not impact them disproportionately.	As above	As above	As above
Religion or belief[19]	data	As above	As above	As above
Sex/Gender[20]	Different genders are not reflected disproportionally in the cohort of children, and of their parents and carers who are accommodated via Sec 20 and thus this proposal will not impact different genders.	As above	As above	As above
Sexual orientation[21]	We do not record sexual orientation of parents.	As above	As above	As above
Marriage and civil partnership[22]	We do not monitor the martial or civil partnership status of parents		In cases where parents are separated but are both found to be liable, the proposal is that the charge will be divided equally between the parents. Where a Maintenance Order is in force in respect of the child, the sum as detailed in the Contribution Agreement will be claimed from the parent who receives the Maintenance Order.
Community Cohesion[23]	It should not impact on community cohesion
Other relevant groups[24] Parents on low income	Parents on low income will be exempt from the policy	Parents on low income will not be subject to the proposed charging policy. This includes if: • they are in receipt of some means tested benefits including Income Support, any element of Child Tax Credit other than the family element of Working Tax Credit, income-based Job Seekers Allowance, or income related Employment Support Allowance. • they have no personal finance from any source.	We will not know the impact until the policy is implemented. Equality monitoring will take place as part of the monitoring of the policy	As above
Cumulative impact[25]
Assessment of overall impacts and any further recommendations[26]
The cohort of families that will be covered by the proposal to charge parents will be very small. Attention has been paid to identifying exemptions and to allowing senior staff discretion not to apply the policy, when it is deemed inappropriate to the safety and welfare of the child concerned. A liable parent can be required to contribute a weekly amount to the care of their child, the level of which will be decided after a financial assessment has been completed by BHCC staff. The proposal is that the amount will not exceed that paid to BHCC foster carers caring for a similar child. This amount is guided by the Department for Education (DfE) recommended minimum fostering allowance rates and BHCC fostering allowance rates which are reviewed annually.

4. List detailed data and/or community feedback that informed your EIA

Title (of data, research or engagement)	Date	Gaps in data	Actions to fill these gaps: who else do you need to engage with? (add these to the Action Plan below, with a timeframe)
Social care data	28/09/20

5. Prioritised Action Plan[27]

Impact identified and group(s) affected	Action planned	Expected outcome	Measure of success	Timeframe
NB: These actions must now be transferred to service or business plans and monitored to ensure they achieve the outcomes identified.
All groups	Set up data monitoring of policy and impact after 1 year		No adverse impact on minority groups	1 year

EIA sign-off: (for the EIA to be final an email must sent from the relevant people agreeing it or this section must be signed)

Staff member completing Equality Impact Assessment: Date:

Directorate Management Team rep or Head of Service/Commissioning: Date:

CCG or BHCC Equality lead: Date:

Guidance end-notes

[1] The following principles, drawn from case law, explain what we must do to fulfil our duties under the Equality Act:

· Knowledge: everyone working for the council must be aware of our equality duties and apply them appropriately in their work.

· Timeliness: the duty applies at the time of considering policy options and/or before a final decision is taken – not afterwards.

· Real Consideration: the duty must be an integral and rigorous part of your decision-making and influence the process.

· Sufficient Information: you must assess what information you have and what is needed to give proper consideration.

· No delegation: the council is responsible for ensuring that any contracted services which provide services on our behalf can comply with the duty, are required in contracts to comply with it, and do comply in practice. It is a duty that cannot be delegated.

· Review: the equality duty is a continuing duty. It applies when a policy is developed/agreed, and when it is implemented/reviewed.

· Proper Record Keeping: to show that we have fulfilled our duties we must keep records of the process and the impacts identified.

NB: Filling out this EIA in itself does not meet the requirements of the equality duty. All the requirements above must be fulfilled or the EIA (and any decision based on it) may be open to challenge. Properly used, an EIA can be a tool to help us comply with our equality duty and as a record that to demonstrate that we have done so.

[2]Our duties in the Equality Act 2010

As a public sector organisation, we have a legal duty (under the Equality Act 2010) to show that we have identified and considered the impact and potential impact of our activities on all people in relation to their ‘protected characteristics’ (age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and marriage and civil partnership).

This applies to policies, services (including commissioned services), and our employees. The level of detail of this consideration will depend on what you are assessing, who it might affect, those groups’ vulnerability, and how serious any potential impacts might be. We use this EIA template to complete this process and evidence our consideration.

The following are the duties in the Act. You must give ‘due regard’ (pay conscious attention) to the need to:

avoid, reduce or minimise negative impact (if you identify unlawful discrimination, including victimisation and harassment, you must stop the action and take advice immediately).
advance equality of opportunity. This means the need to:

- Remove or minimise disadvantages suffered by people due to their protected characteristics

- Taking steps to meet the needs of people from protected groups where these are different from the needs of other people

- Encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low

- Consider if there is a need to treat disabled people differently, including more favourable treatment where necessary

foster good relations between people who share a protected characteristic and those who do not. This means:

- Tackle prejudice

- Promote understanding

[3] EIAs are always proportionate to:

The size of the service or scope of the policy/strategy
The resources involved
The numbers of people affected
The size of the likely impact
The vulnerability of the people affected within the context

The greater the impacts, the more thorough and demanding the process required by the Act will be.

[4] When to complete an EIA:

When planning or developing a new service, policy or strategy
When reviewing an existing service, policy or strategy
When ending or substantially changing a service, policy or strategy
When there is an important change in the service, policy or strategy, or in the city (eg: a change in population), or at a national level (eg: a change of legislation)

Assessment of equality impact can be evidenced as part of the process of reviewing or needs assessment or strategy development or consultation or planning. It does not have to be on this template, but must be documented. Wherever possible, build the EIA into your usual planning/review processes.

Do you need to complete an EIA? Consider:

Is the policy, decision or service likely to be relevant to a specific group or groups (eg: older people)?
How many people is it likely to affect?
How significant are its impacts?
Does it relate to an area where there are known inequalities?
How vulnerable are the people (potentially) affected?

If there are potential impacts on people but you decide not to complete an EIA it is usually sensible to document why.

[5] Title of EIA: This should clearly explain what service / policy / strategy / change you are assessing

[6] ID no: The unique reference for this EIA. If in doubt contact your CCG or BHCC equality lead (see page 1)

[7] Team/Department: Main team responsible for the policy, practice, service or function being assessed

[8] Focus of EIA: A member of the public should have a good understanding of the policy or service and any proposals after reading this section. Please use plain English and write any acronyms in full first time - eg: ‘Equality Impact Assessment (EIA)’

This section should explain what you are assessing:

What are the main aims or purpose of the policy, practice, service or function?
Who implements, carries out or delivers the policy, practice, service or function? Please state where this is more than one person/team/body and where other organisations deliver under procurement or partnership arrangements.
How does it fit with other services?
Who is affected by the policy, practice, service or function, or by how it is delivered? Who are the external and internal service-users, groups, or communities?
What outcomes do you want to achieve, why and for whom? Eg: what do you want to provide, what changes or improvements, and what should the benefits be?
What do existing or previous inspections of the policy, practice, service or function tell you?
What is the reason for the proposal or change (financial, service, legal etc)? The Act requires us to make these clear.

[9] Previous actions: If there is no previous EIA or this assessment if of a new service, then simply write ‘not applicable’.

[10] Data: Make sure you have enough data to inform your EIA.

· What data relevant to the impact on specific groups of the policy/decision/service is available?[10]

· What further evidence is needed and how can you get it? (Eg: further research or engagement with the affected groups).

· What do you already know about needs, access and outcomes? Focus on each of the groups identified above in turn. Eg: who uses the service? Who doesn’t and why? Are there differences in outcomes? Why?

· Have there been any important demographic changes or trends locally? What might they mean for the service or function?

· Does data/monitoring show that any policies or practices create particular problems or difficulties for any groups?

· Do any equality objectives already exist? What is current performance like against them?

· Is the service having a positive or negative effect on particular people in the community, or particular groups or communities?

Use local sources of data (eg: JSNA: http://www.bhconnected.org.uk/content/needs-assessments and Community Insight: http://brighton-hove.communityinsight.org/# ) and national ones where they are relevant.

[11] Engagement: You must engage appropriately with those likely to be affected to fulfil the equality duty.

· What do people tell you about the services?

· Are there patterns or differences in what people from different groups tell you?

· What information or data will you need from communities?

· How should people be consulted? Consider:

(a) consult when proposals are still at a formative stage;

(b) explain what is proposed and why, to allow intelligent consideration and response;

(d) make sure what people tell you is properly considered in the final decision.

· Try to consult in ways that ensure all perspectives can be considered.

· Identify any gaps in who has been consulted and identify ways to address this.

[12] Your EIA must get to grips fully and properly with actual and potential impacts.

· The equality duty does not stop decisions or changes, but means we must conscientiously and deliberately confront the anticipated impacts on people.

· Be realistic: don’t exaggerate speculative risks and negative impacts.

· Be detailed and specific so decision-makers have a concrete sense of potential effects. Instead of “the policy is likely to disadvantage older women”, say how many or what percentage are likely to be affected, how, and to what extent.

· Questions to ask when assessing impacts depend on the context. Examples:

o Are one or more groups affected differently and/or disadvantaged? How, and to what extent?

o Is there evidence of higher/lower uptake among different groups? Which, and to what extent?

o If there are likely to be different impacts on different groups, is that consistent with the overall objective?

o If there is negative differential impact, how can you minimise that while taking into account your overall aims

o Do the effects amount to unlawful discrimination? If so the plan must be modified.

o Does the proposal advance equality of opportunity and/or foster good relations? If not, could it?

[13] Consider all three aims of the Act: removing barriers, and also identifying positive actions we can take.

· Where you have identified impacts you must state what actions will be taken to remove, reduce or avoid any negative impacts and maximise any positive impacts or advance equality of opportunity.

· Be specific and detailed and explain how far these actions are expected to improve the negative impacts.

· If mitigating measures are contemplated, explain clearly what the measures are, and the extent to which they can be expected to reduce / remove the adverse effects identified.

· An EIA which has attempted to airbrush the facts is an EIA that is vulnerable to challenge.

[14] Age: People of all ages

[15] Disability: A person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. The definition includes: sensory impairments, impairments with fluctuating or recurring effects, progressive, organ specific, developmental, learning difficulties, mental health conditions and mental illnesses, produced by injury to the body or brain. Persons with cancer, multiple sclerosis or HIV infection are all now deemed to be disabled persons from the point of diagnosis.

[16] Gender Reassignment: A transgender person is someone who proposes to, starts or has completed a process to change their gender. A person does not need to be under medical supervision to be protected

[17] Pregnancy and Maternity: Protection is during pregnancy and any statutory maternity leave to which the woman is entitled.

[18] Race/Ethnicity: This includes ethnic or national origins, colour or nationality, and includes refugees and migrants, and Gypsies and Travellers. Refugees and migrants means people whose intention is to stay in the UK for at least twelve months (excluding visitors, short term students or tourists). This definition includes asylum seekers; voluntary and involuntary migrants; people who are undocumented; and the children of migrants, even if they were born in the UK.

[19] Religion and Belief: Religion includes any religion with a clear structure and belief system. Belief means any religious or philosophical belief. The Act also covers lack of religion or belief.

[20] Sex/Gender: Both men and women are covered under the Act.

[21] Sexual Orientation: The Act protects bisexual, gay, heterosexual and lesbian people

[22] Marriage and Civil Partnership: Only in relation to due regard to the need to eliminate discrimination.

[23] Community Cohesion: What must happen in all communities to enable different groups of people to get on well together.

[24] Other relevant groups: eg: Carers, people experiencing domestic and/or sexual violence, substance misusers, homeless people, looked after children, ex-armed forces personnel, people on the Autistic spectrum etc

[25] Cumulative Impact: This is an impact that appears when you consider services or activities together. A change or activity in one area may create an impact somewhere else

[26] Assessment of overall impacts and any further recommendations

Make a frank and realistic assessment of the overall extent to which the negative impacts can be reduced or avoided by the mitigating measures. Explain what positive impacts will result from the actions and how you can make the most of these.
Countervailing considerations: These may include the reasons behind the formulation of the policy, the benefits it is expected to deliver, budget reductions, the need to avert a graver crisis by introducing a policy now and not later, and so on. The weight of these factors in favour of implementing the policy must then be measured against the weight of any evidence as to the potential negative equality impacts of the policy.
Are there any further recommendations? Is further engagement needed? Is more research or monitoring needed? Does there need to be a change in the proposal itself?

[27] Action Planning: The Equality Duty is an ongoing duty: policies must be kept under review, continuing to give ‘due regard’ to the duty. If an assessment of a broad proposal leads to more specific proposals, then further equality assessment and consultation are needed.