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:

 

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]

Managing commercial bins on the highway

ID No.[6]

 

Team/Department[7]

Cityclean, City Environment

Focus of EIA[8]

There are currently no restrictions on when or where commercial bins can be left on the city’s pavements and roads. Following a public consultation, a model is proposed to: improve access to and use of the highway; improve safety; reduce litter; and, improve the appearance of key areas in the city.

 

The proposed model is:

·         Time Banding-Zones (T-Zones) to be introduced in areas which are impacted by commercial bins on the highway. Businesses in T-Zones can only have their bins and/or bags of waste on the public highway between the 6am and 9am and 6pm and 9pm on their agreed day of collection, for collection purposes. At all other times, businesses in T-Zones must store their waste off the public highway or face the possibility of a fine. Bins cannot be left out overnight.

·         Bins and/or bags of waste must be placed as near to the edge of a business’ property as possible. The waste must not block the pavement or road.

·         The Environmental Enforcement Team will patrol the T-Zones as part of their daily routine to tackle environmental crimes. If a business has left a bin and/or bag of waste on the public highway outside of the time-banding, they may receive a Fixed Penalty Notice (FPN) fine of £110 under section 47 of the Environmental Protection Act (1990). 

·         All commercial bins in the city must have a label/sticker on them indicating to whom the bin belongs. This will enable Environmental Enforcement Officers to take any required action and ensure they can speak to the relevant business

 

This Equality Impact Assessment considers the potential impact of the proposed model on people with different protected characteristics.

 

The model will potentially affect all residents in Brighton & Hove who move around the T-Zones either in a car, on foot, on a bike or using a wheelchair.

 

 

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)

N/A

 

 

 

 

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]

No disproportionate impacts have been identified for this group

 

 

 

Disability[15]

It is estimated in Brighton & Hove in 2015 there were:

·         125 people aged 18-64 with a serious visual impairment

·         3,383 people aged 65 or over with a moderate or severe visual impairment

In 2014, 920 B&H residents were registered as blind

 

It is estimated in Brighton & Hove in 2015 there were:

·         13,590 people aged 18-64 with a moderate disability

·         3,777 people aged 18-64 with a serious physical disability

See feedback section below

Disabled people are likely to be negatively impacted by commercial bins on the highway, particularly in terms of obstructions.

The proposed model will reduce the obstructions caused by commercial bins on the highway.

Gender reassignment[16]

No disproportionate impacts have been identified for this group

N/A

N/A

N/A

Pregnancy and maternity[17]

The number of births per year in the city is projected to increase by around 7% from 2014 to 2019 – to around 3,200 births per year. This compares with a projected increase (over the next five years) of 4% in England and 3% in the South East.

See feedback section below

Those pushing prams are likely to be negatively impacted by commercial bins on the highway, particularly in terms of obstructions.

The proposed model will reduce the obstructions caused by commercial bins on the highway.

Race/ethnicity[18]

Including migrants, refugees and asylum seekers

No disproportionate impacts have been identified for this group

N/A

N/A

N/A

Religion or belief[19]

No disproportionate impacts have been identified for this group

N/A

N/A

N/A

Sex/Gender[20]

No disproportionate impacts have been identified for this group

N/A

N/A

N/A

Sexual orientation[21]

No disproportionate impacts have been identified for this group

N/A

N/A

N/A

Marriage and civil partnership[22]

No disproportionate impacts have been identified for this group

N/A

N/A

N/A

Community Cohesion[23]

No disproportionate impacts have been identified for this group

N/A

N/A

N/A

Other relevant groups[24]

N/A

N/A

N/A

N/A

Cumulative impact[25]

N/A

N/A

N/A

N/A

Feedback from the public consultation

“As a wheelchair user, many of the commercial bins in the city centre impede my travel - either by reducing sight lines when crossing roads, or by being parked over the dropped kerbs and meaning I can't safely dismount the pavement.”

“they are impeding the safety of pedestrians especially those who are vulnerable in wheelchairs or with visual disabilities as often the tactile paving dropped kerb is covered in a bin.”

“The bins present a hazard to disabled people reliant on wheelchairs or mobility scooters, and those with vision impairments.  They can make passing very difficult and they seem to be moved around, which makes it difficult for disabled people as it can be very disorienting, dangerous or present a physical obstacle”

“I am a wheelchair user and struggle to get around the city, anything that you do to stop bins blocking paths is appreciated” “Bins pose a hazard for pedestrians, especially blind or partially sighted people and those who use wheelchairs or pushchairs.”

“Bins on the pavement block pedestrian routes, making progress difficult or impossible for wheelchair and pushchair users, particularly on narrow Brighton & Hove pavements.”

“The most important point is that they often obstruct the footway for pedestrians. Wheelchair users / those with buggies / prams etc are in effect blocked by them, which creates another barrier to safe, convenient and direct walking in the city.”

“You cannot pass on the pavement because of the bins if you have a buggy or wheelchair sometimes.”

“Often I have seen wheelchair users and persons with pushchairs having difficulty getting round them.”

“It is impossible in many places to push a baby buggy or wheelchair or mobility vehicle safely and the roads have too many moving vehicles to safely step off the pavement.”

“Some irresponsible businesses currently leave their bins out at all times blocking pavements and creating difficulties for pedestrians - especially those individuals who are pushing prams or are disabled. Therefore, I agree that bins should only be permitted to be left out for a limited time period.”

“I can see that for many people, walking along - if you have a buggy or have a disability for example - it can be difficult because of the amount of items on the pavement”

“narrowed footways that make it hard or impossible for wheelchair/buggy access”

Assessment of overall impacts and any further recommendations[26]

It is anticipated that the introduction of a model to manage commercial bins on the highway will have a positive impact on the groups identified above.

 

 

 

 

 

 

 

 

 

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)

Adults with sensory impairments

TITLE (bhconnected.org.uk)

07/06/2021

N/A

N/A

Adults with physical disabilities

TITLE (bhconnected.org.uk)

07/06/2021

N/A

N/A

Pregnancy and maternity

TITLE (bhconnected.org.uk)

07/06/2021

N/A

N/A

 

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.

Disability

Pregnancy / maternity

Implement model to manage commercial bins on the highway, subject to approval by Environment, Transport & Sustainability Committee

Obstructions removed

Fewer complaints

Model to be implemented from 1 February 20222

 

 

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:

-        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

-        Tackle prejudice

-        Promote understanding

 

[3] EIAs are always proportionate to:

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

 

[4] When to complete an EIA:

 

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:

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:

 

[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?

 

[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;

(c) allow enough time for consultation;

(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

 

[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.