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]

Highway Asset Management Policy and Strategy 2023-25

ID No.[6]

 

Team/Department[7]

EEC – City Transport

Focus of EIA[8]

The estimated value of our Highway Assets is £4 billion. Our approach to asset management is therefore important as it enables the Council to manage and maintain the City’s highway network in a way that best meets the needs of the present without passing on unaffordable costs and environmental impacts to future generations. Our highway is an important asset for all residents because it enables movement by multiple means.   

 

Whilst budgets to manage our Highways assets are limited, the focus of this EIA is to identify how the limited funds available can be prioritised to directly benefit those within the community who have protected characteristics.


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

N/A

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]

·         The city’s population is ageing – between 2011 and 2021 there was an increase of 9.5% in people aged 65 years and over, an increase of 1.7% in people aged 15 to 64 years, and a decrease of 6.8% in children aged under 15 years

·         COVID-19 led to high rates of unemployment, particularly amongst young people – at the peak there was a 180% increase in unemployment for 18-24 year olds.

·         Older people are more likely to be impacted by uneven footways and the impact of tree roots and weeds that create potential trip hazards.

·         Older people who travel by bus are more likely to be impacted by uneven road surfaces that cause buses to jolt that may lead to falls and injuries to passengers.

·         Investing in the condition of our footways would improve access to local facilities within the community and support independent living.

·         Investing in the condition of our carriageways, particularly in areas with a concrete road network, would ensure continued access to safe public transport that supports independent living and quality of life.

 

·         The annual budget for footway renewals needs to be increased and partially targeted in areas within the community and not just the strategic corridors. The strategy proposes linking investment to community areas identified within the Local Cycling and Walking Implementation Plan to address this concern.

·         Funding from the CNF has been allocated to help rejuvenate the concrete road network but further annual investment in preventative maintenance to maximise the life of these assets is needed to manage this in the long-term

Disability[15]

·         51,000 (22%) of adults in the city have two or more long term health conditions

·         19,000 (8%) of adults in the city have mental and physical disabilities

·         63% of people who responded to the National Highways and Transportation Survey 2022 said that ease of access for people with disabilities was good in BHCC. This is a 2% decrease in satisfaction levels compared to 2021 but still 3% higher than the national average.

 

·         People with some physical disabilities are adversely impacted by uneven footway and carriageway surfaces that create potential trip hazards and poor ride quality for all forms of wheeling and motorised travel.

·         Partially-sighted and blind people are adversely impacted when lining and supportive technology is not maintained e.g. tactile cones and paving at crossings.

 

·         Partially-sighted and blind people will not necessarily be aware of changed road layouts during the construction of maintenance schemes.

·         The maintenance of key supportive infrastructure should be prioritised and materials choices should be reviewed to ensure they are robust and long lasting.

·         Ensure temporary barriers and signs during works do not cause obstructions on the pavement.

·         Maintain access to existing blue badge bays during works whenever possible.

·         Share information about works with local representative groups for wider dissemination

·         Explore material options to maximise the life cycles of key infrastructure such as tactile paving that is often damaged by over running vehicles e.g. trialling products such as Tac-Grid

·         The annual budget for footway renewals needs to be increased and partially targeted in areas within the community and not just the strategic corridors. The strategy proposes linking investment to community areas identified within the Local Cycling and Walking Implementation Plan to address this concern.

·         Preventative maintenance programmes should be established to maximise the life of our existing infrastructure so that it remains fit for purpose and able to support travel for all users without creating barriers or discomfort when travelling.

·         Joint working with other teams within City Transport could enable more dropped kerbs and tactile paving to be installed throughout the City through shared resources. E.g. footway renewal schemes could include a review of dropped kerbs and tactile paving to ensure it meets current design standards and pool resources with the relevant team if not to rectify it.

 

Gender reassignment[16]

There are at least 2,760 transgender adults living in Brighton & Hove and many more visit, study or work in the city

 

No specific impacts of the Action Plan identified for this group.

 

Pregnancy and maternity[17]

25% of households in the city have dependent children

  • Young children on foot and on scooters as well as pregnant women and those pushing pushchairs may be adversely impacted by uneven footways and the impact of tree roots and weeds that create potential trip hazards.
  • Missing dropped kerbs at junctions also pose significant difficulties for those traveling on foot as part of a family unit.

 

 

  • A significant number of people may need / choose to travel as part of a family unit. If surfaces are uneven or basic infrastructure such as dropped kerbs are missing or not fit for purpose then this increases the difficulty in travelling actively and may reduce travel options for families.

·         The annual budget for footway renewals needs to be increased and partially targeted in areas within the community and not just the strategic corridors. The strategy proposes linking investment to community areas identified within the Local Cycling and Walking Implementation Plan to address this concern.

·         Joint working with other teams within City Transport could enable more dropped kerbs and tactile paving to be installed throughout the City through shared resources. E.g. footway renewal schemes could include a review of dropped kerbs and tactile paving to ensure it meets current design standards and pool resources with the relevant team if not to rectify it.

 

Race/ethnicity[18]

Including migrants, refugees and asylum seekers

·         The proportion of people in the city from Black, Asian, mixed ethnic groups has increased from 9.4% in 2011 to 11.5% in 2021. The White British population has decreased from 80.5% to 73.9%

·         BME communities are not only more likely to have underlying health conditions because of their disadvantaged backgrounds but are also more likely to have shorter life expectancy as a result of their socioeconomic status, particularly those in deprived areas.

·         BME people 4 times as likely to have no outdoor space at home

·         BAME people are more likely to be in roles where travel to work is unavoidable and therefore will benefit from well-maintained infrastructure that provides a safe and smooth journey by whichever mode they choose to travel.

·         BAME people are less likely to have access to outdoor space at home and therefore access to well-maintained footways and cycleways as well as access to green spaces are important for both health and mental wellbeing.

 

·         People who do not speak / have poor English may struggle to access information about upcoming construction work that may impact their day-to-day routine.

 

·         The annual budget for footway renewals needs to be increased and partially targeted in areas within the community including green spaces and healthcare facilities and not just the strategic corridors. The strategy proposes linking investment to community areas identified within the Local Cycling and Walking Implementation Plan to address this concern.

·         Preventative maintenance programmes should be established to maximise the life of our existing infrastructure so that it remains fit for purpose and able to support travel for all users without creating barriers or discomfort when travelling.

·         Share information about works with local representative groups for wider dissemination

 

Religion or belief[19]

·         49% of the city’s population have a religion.

 

People travel by all modes to access places of worship.

·         Our Highway infrastructure needs to be well maintained and fit for purpose to ensure safe travel by all modes of travel for residents visiting places of worship.

·         Works need to be programmed where possible to limit the impact on times of worship within local areas.

 

·         The annual budget for footway renewals needs to be increased and partially targeted in areas within the community including green spaces and healthcare facilities and not just the strategic corridors. The strategy proposes linking investment to community areas identified within the Local Cycling and Walking Implementation Plan to address this concern.

·         Preventative maintenance programmes for footways, carriageways and street lighting should be established to maximise the life of our existing infrastructure so that it remains fit for purpose and able to support safe travel for all users without creating barriers or discomfort when travelling.

·         Working closely with the Network Management Team to plan works to reduce the impact on places of worship at key times.

Sex/Gender[20]

·         The gender split of Brighton & Hove’s population is even (50/50)

·         46% of City Transport are female, 54% are male (Q4, 2019-20)

·         Women tend to be the primary carer at home and are less likely to be in full-time employment

·         A majority of the Council’s care workforce is female.

·         In the city, 58% of carers are women rising to 62% of those providing care for 50 hours or more a week. The majority of caregivers, at home and in our communities, are also women.

·         Women are more likely to be in roles where travel to work is unavoidable and therefore will benefit from well-maintained infrastructure that provides a safe and smooth journey by whichever mode they choose to travel.

·         Women are more likely to be travelling on the network with family members, as primary carers.

·         A significant number of people may need / choose to travel as part of a family unit. If surfaces are uneven or basic infrastructure such as dropped kerbs are missing or not fit for purpose then this increases the difficulty in travelling actively and may reduce travel options for those caring for young children.

·         Key workers may be more likely to need to travel at night and therefore a well-maintained street lighting network is essential to support safe travel.

·         The annual budget for footway renewals needs to be increased and partially targeted in areas within the community including green spaces and healthcare facilities and not just the strategic corridors. The strategy proposes linking investment to community areas identified within the Local Cycling and Walking Implementation Plan to address this concern.

·         Preventative maintenance programmes for footways, carriageways and street lighting should be established to maximise the life of our existing infrastructure so that it remains fit for purpose and able to support safe travel for all users without creating barriers or discomfort when travelling.

 

 

Sexual orientation[21]

·         11-15% of the city’s population is estimated to be lesbian, gay or bisexual.

·         The city is known for being a welcoming place for LGBTQ+ people and hosts large-scale annual events such as Pride

·         The 2021 Census is predicted to show a significant increase in the city’s LGBTQ+ residents.

·         The Covid-19 lockdown restrictions closed many public spaces, including LGBTQ+ pubs, clubs, cafes, shops (some permanently because of the financial impacts) and cancelled major annual events, providing no opportunity for members of the community to come together

 

·         As the city reopens post-covid it is likely that many mass gatherings / events / festivals will be reinstated that would affect traffic in the city and increase visitor numbers

·         Our Highway infrastructure needs to be well maintained and fit for purpose to ensure safe travel by all modes of travel for visitors and residents to large events/gatherings/festivals throughout the City.

·         Works need to be programmed to limit the impact on key events throughout the year

·         The annual budget for footway renewals needs to be increased and partially targeted in areas within the community including green spaces and healthcare facilities and not just the strategic corridors. The strategy proposes linking investment to community areas identified within the Local Cycling and Walking Implementation Plan to address this concern.

·         Preventative maintenance programmes for footways, carriageways and street lighting should be established to maximise the life of our existing infrastructure so that it remains fit for purpose and able to support safe travel for all users without creating barriers or discomfort when travelling.

·         Working closely with the Network Management Team to plan works to reduce the impact on planned events throughout the year.

 

 

Marriage and civil partnership[22]

·         There are 8,635 lone parent families in the city – lone parents, in particular, experience problems coordinating work time with childcare and education.

 

·         Lone parents are more likely to be travelling on the network with family members, as primary carers.

·         Lone parents are time poor and therefore need a reliable Highway network that can get them where they need without delay.

·         A significant number of people may need / choose to travel as part of a family unit. If surfaces are uneven or basic infrastructure such as dropped kerbs are missing or not fit for purpose then this increases the difficulty in travelling actively and may reduce travel options for those caring for young children.

·         Disruption to the network needs to be planned to avoid school pick up/drop off times around schools and nurseries and works information needs to be clearly communicated to allow forward planning

 

·         The annual budget for footway renewals needs to be increased and partially targeted in areas within the community including green spaces and healthcare facilities and not just the strategic corridors. The strategy proposes linking investment to community areas identified within the Local Cycling and Walking Implementation Plan to address this concern.

·         Preventative maintenance programmes for footways, carriageways and street lighting should be established to maximise the life of our existing infrastructure so that it remains fit for purpose and able to support safe travel for all users without creating barriers or discomfort when travelling.

·         Share information about works with local representative groups for wider dissemination

 

 

Community Cohesion[23]

·         COVID-19 lockdown and social restrictions had disproportionate financial and economic impacts, both short-term and long-term community groups reliant on income from community venues and events

·         Nationally – adults living alone are over 50% more likely to experience loneliness during lockdown.

 

·         There may be an increased desire for communities to gather, particularly to provide support to each other during difficult financial times

·         There have already been public gatherings for mass protests in the city.

·         Our Highway infrastructure needs to be well maintained and fit for purpose to ensure safe travel by all modes of travel for residents taking part in planned community events.

 

·         The annual budget for footway renewals needs to be increased and partially targeted in areas within the community including green spaces and healthcare facilities and not just the strategic corridors. The strategy proposes linking investment to community areas identified within the Local Cycling and Walking Implementation Plan to address this concern.

·         Preventative maintenance programmes for footways, carriageways and street lighting should be established to maximise the life of our existing infrastructure so that it remains fit for purpose and able to support safe travel for all users without creating barriers or discomfort when travelling.

·         Share information about works with local representative groups for wider dissemination

 

 

Other relevant groups[24]

·         Poverty in the city is considerably worse than before the pandemic with evidence of fuel poverty rising and the number of pupils receiving free school meals rising. One in five of the 6,000 people needing emergency food in Brighton & Hove are children.

·         Before the Autumn energy price cap increase food insecurity had risen to the highest level ever – higher even that the first wave of COVID-19.

·         Rising costs and the recession are expected to have significant impacts on local employment opportunities and increasing the number of Universal Credit claimants.

·         The largest employment sector in Brighton & Hove is retail (14% of employees), Health and social care (13%), and Education (12%) are the next largest sectors

·         With the rising cost of living, some residents will become more reliant on active forms of travel as a cheaper way to travel. Well maintained footway, cycle lanes and carriageways are essential to support these modes of travel.

·         Access to employment, health services, schools, places of worship, shops and other community infrastructure are all essential to supporting happy, healthy and independent living. If someone chooses to travel actively for either health or financial reasons then the infrastructure within the City should be maintained at a suitable level to support this choice.

·         Preventative maintenance programmes should be established to maximise the life of our existing infrastructure so that it remains fit for purpose and able to support travel for all users without creating barriers or discomfort when travelling.

 

Cumulative impact[25]

·         There is a strong link between deprivation and people living with disabilities in the city.

·         49,833 (17.2%) of Brighton & Hove residents live in one of the most deprived 20% of areas in England.

 

·         Disabled people may be more likely to struggle to travel for access to work

·         The maintenance of key supportive infrastructure should be prioritised and materials choices should be reviewed to ensure they are robust and long lasting.

·         Joint working with other teams within City Transport could enable more dropped kerbs and tactile paving to be installed throughout the City through shared resources. E.g. footway renewal schemes could include a review of dropped kerbs and tactile paving to ensure it meets current design standards and pool resources with the relevant team if not to rectify it.

 

Assessment of overall impacts and any further recommendations[26]

The objective of the Highway Asset Management Policy and Strategy is to maximise the lifecycle of all Highway infrastructure to ensure safe travel and to provide value for money and carbon reduction over the long-term. The impact of the approach will be directly affected by the available funds available to deliver it. The more funding that can be secured, the better the outcome for all road users. The Equality Impact Assessment however highlights how existing funding can be prioritised in a way that directly benefits people with protected characteristics and therefore these approaches have been incorporated into the updated Highway Asset Management Policy and Strategy.

 


 

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)

National Highways & Transport Network Annual Survey 2022

 

Surveys were sent to 6000 properties within BHCC and there was a 23.9% response rate.

Published 2022

 

 

Census

2011 and 2021 (data released before January 2023)

 

 

Brighton & Hove Joint Strategic Needs Assessment

2019

 

 

Equalities and Access Workstream Report: Community impacts of COVID-19 lockdown on women, BAME, faith, LGBTQ and disabled communities in Brighton & Hove

 

August 2020

 

 

Healthwatch Brighton & Hove Annual Report

2020-21

 

 

Brighton & Hove City Plan 2020-23

2020-23

 

 

Brighton & Hove Circular Economy Routemap and Action Plan

2020-35

 

 

Brighton & Hove City Employment and Skills Recovery Plan

2021-23

 

 

Food Impacts from the Cost of Living Increase

April 2022

 

 

Brighton & Hove Economic Strategy

2018

 

 

 


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 will benefit from this action

The annual budget for footway renewals needs to be increased and partially targeted in areas within the community and not just the strategic corridors. The strategy proposes linking investment to community areas identified within the Local Cycling and Walking Implementation Plan to address this concern.

 

This has been identified within the report as an additional funding requirement.

Fewer insurance claims, fewer complaints, improved condition survey outputs

On-going and subject to suitable additional funding being secured on an annual basis.

Age & Disability

Funding from the CNF has been allocated to help rejuvenate the concrete road network but further annual investment in preventative maintenance to maximise the life of these assets is needed to manage this in the long-term

This has been identified within the report as an additional funding requirement.

Fewer insurance claims, fewer complaints, improved condition survey outputs

On-going and subject to suitable additional funding being secured on an annual basis.


 

Impact identified and group(s) affected

Action planned

Expected outcome

Measure of success

Timeframe

 

Primarily Disability but all groups would benefit from this action

Ensure temporary barriers and signs during works do not cause obstructions on the pavement.

 

This has been included within the daily site checks carried out by our maintenance engineers. Site safety is also being monitored through the KPIS within our new NEC Framework Contract.

Fewer insurance claims & fewer complaints

On-going and under constant review

Disability

Maintain access to existing blue badge bays during works whenever possible.

 

This has been included within the project process for all maintenance scheme delivery and is identified and explored at the start of every scheme.

Fewer complaints and feedback via the Active and Accessible Travel Forum.

On-going

Disability, Pregnancy and Maternity and Cumulative Impact

Joint working with other teams within City Transport could enable more dropped kerbs and tactile paving to be installed throughout the City through shared resources. E.g. footway renewal schemes could include a review of dropped kerbs and tactile paving to ensure it meets current design standards and pool resources with the relevant team if not to rectify it.

 

This has been included within the project process for all maintenance scheme delivery and is identified and explored at the start of every scheme.

Increased volume of dropped kerb installations will demonstrate value for money being delivered through joint working.

On-going

Impact identified and group(s) affected

Action planned

Expected outcome

Measure of success

Timeframe

All groups will benefit from this action

Preventative maintenance programmes should be established to maximise the life of our existing infrastructure so that it remains fit for purpose and able to support travel for all users without creating barriers or discomfort when travelling.

 

This has been identified within the report as an additional funding requirement.

Fewer insurance claims, fewer complaints, improved condition survey outputs

On-going and subject to suitable additional funding being secured on an annual basis.

Disability

Explore material options to maximise the life cycles of key infrastructure such as tactile paving that is often damaged by over running vehicles e.g. trialling products such as Tac-Grid

 

We are members of LCRIG and work in partnership with other local authorities across the country to share innovations and the outcome of trials. A trial for an alternative product for tactile paving is planned for the new year and other trials are being planned all the time.

There are also KPIS within the new NEC Highways Framework contract to support shared innovation and development of new approaches.

Cost savings and reduced reactive maintenance through the installation of long-lasting products that are fit for purpose.

On-going and under constant review


 

Impact identified and group(s) affected

Action planned

Expected outcome

Measure of success

Timeframe

Disability, Race/ethnicity, Community cohesion & Marriage/Civil partnerships

Share information about works with local representative groups for wider dissemination

 

Forward programmes to be shared with groups such as the Active and Accessible Travel Forum

Fewer complaints

To commence from April 2023 once the budgets and forward programme has been finalised

Race/ethnicity & Sexual orientation

 

Working closely with the Network Management Team to plan works to reduce the impact on planned events throughout the year.

 

This is on-going and forms part of our project process for all maintenance schemes

Fewer complaints

On-going

 

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:   Stacey Hollingworth                                              Date: 20/12/2022

 

Directorate Management Team rep or Head of Service/Commissioning: Andrew Westwood                        Date: 20/12/2022

 

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: e.g.: 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.