Equality Impact Assessment form with guidance

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]	Brighton and Hove has a very different age profile compared to the South East and England. Fewer children aged 0 to 15 years (15%) – South East (19%), England (19%) More working age adults aged 16 to 66 (72%) – South East (64%), England (65%) Fewer older people aged over 66 (13%) – South East (17%), England (16%) Source: ONS 2021 Mid-Year Population estimates A third of young people (aged 5 to 16) are physically inactive with around 1 in 3 children are currently driven to their primary school in the city 22 % of adults are inactive 16% of adults cycle once a week	Walking, wheeling, rolling and cycling are a free and accessible form of active travel that promotes health and wellbeing. Active travel can be part of a longer journey via car, train or bus and most people are pedestrians at some point of any journey that is made. Requests for better transport infrastructure often comes from parents/carers who are either attempting to cross the road with children and feel unsafe or requesting safer crossing locations for their children to safely cross independently. Draft LTP 5 - consultation 2021 report. Focus Groups with the Youth Council and local schools on a range of transport related issues including walking and cycling. Full details can be found in the Report Schools reported back that walking felt unsafe and there was difficulty crossing the road. Transport Infrastructure such as speed reduction, traffic calming and pedestrian crossings can improve safety for users, including school children who walk, wheel, roll or cycle to school with parents / caregivers or independently. Older people felt that there is lots to do in Brighton but needed to be able to walk around safely.	Children and younger people need a safer crossing environment to enable them to walk more easily, safely, and independently. Older people would also benefit from safer environs and provide more options for travel. A safer environment encourages Active Travel, promoting wellbeing and increased positive health outcomes, including for those with limited mobility and other access requirements.	Engage in an accessible way with relevant groups across the city and encourage feedback. Share information about changes and works being undertaken at the locations with local representative groups including the Youth Council, and the Older People’s Council for wider dissemination. Increase step-free access and avoid or reduce, as far as possible, any physical barriers as part of any infrastructure improvements that would create accessibility issues for people wheeling or rolling. Ensure lighting, signs and other infrastructure are considered as part of any scheme.
Disability[15]	19% of residents in Brighton & Hove are disabled as defined by the Equality Act. - ‘a lot’ (39%) - ‘a little’ (61%) Source: ONS 2021 UK Population Census There are c.13,500 blue badge holders in the city There are c. 6,900 disabled concessionary bus pass holders in the city 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.	Feedback provided by blind and partially sighted residents and groups (Sight Loss UK / Thomas Pocklington Trust) that clutter such as tables and chairs / A boards is a barrier to active travel. Kerb lines, dropped kerbs with tactiles, identifiable crossing points such as zebras and push button crossings that guide dogs can recognise and a consistent approach across the city to infrastructure can help blind and partially sighted people navigate streets and public spaces. Blue badge parking is needed as close as possible to healthcare and other facilities. If existing bays are removed for temporary / permanent transport measures, alternative provision should be made if needed. Footways and crossings must be of adequate width and design to facilitate safe access in line with national guidance. Obstructions on the highway and footway (e.g. A-boards, and tables & chairs) put people at greater risk. Step free access and Copenhagen crossing support residents who are wheeling, scooting or have a pushchair or buggy, but can be hard to navigate for the blind or partially sighted. A local organisation tells us that pedestrian crossings can support their disabled learners to be more independent, by providing safer routes to day centres and colleges with buddies or carers.	Partially-sighted and blind people will not necessarily be aware of changed road layouts resulting from improvements via the Safer, Better Streets process. Disabled car users may not be able to access areas of the city easily if disabled parking bays are suspended as part of temporary changes. Changes to the crossing locations may exclude disabled people from areas they were previously able to access easily. Obstructions, poor quality footways and crossings, and inaccessible walking infrastructure may discourage disabled people from travelling actively and present a trip hazard and other safety concerns.	Engage in an accessible way with relevant local groups including Grace Eyre, Thomas Pocklington Trust and Possibility People to ensure accessibility needs are considered fully and encourage feedback on the scheme. Share information about changes and works being undertaken at the crossing location with local representative groups for wider dissemination. Implement learning from simulation day with Sight Loss UK in the development of schemes. Offer on-site walk through meetings if necessary to get feedback. Where blue badge bays are impacted, we will ensure mitigation measures are considered to reduce impacts. An example being introducing new shared bays and double yellow lines close by or relocating blue badge bays where possible. Engaging with organisations such as BADGE about impact on accessible parking spaces including blue badge bays. Increase step-free access and avoid or reduce, as far as possible, any physical barriers as part of crossing improvements that would create accessibility issues. Information about the transport changes should be clear, accessible and available in a range of formats. Information shared publicly about the temporary changes must be accessible and inclusive, as well as the mechanisms for feeding back views.
Gender reassignment[16]	2,341 residents aged 16+ (1.0%) identify with a gender different from their sex registered at birth	No specific disproportionate impacts of the scheme identified for this group at this time.	No specific disproportionate impacts of the scheme identified for this group at this time.	No specific disproportionate impacts of the scheme identified for this group at this time.
Pregnancy and maternity[17]	25% of households in the city have dependent children	Numerous requests for pedestrian crossings come from parents/carers who are either attempting to cross the road with children and feel unsafe or requesting safer crossing locations for their children to safely cross independently.	A significant number of people may need / choose to travel as part of a family unit. Obstructions, poor quality footways and crossings, and inaccessible walking infrastructure may discourage family units from travelling actively and present safety concerns.	Ensure changes are designed with all types of family travel in mind, e.g. space for double buggy safety. Consider width of footway, dropped kerbs and tactiles to make it easier for parents and carers. Increase step-free access and avoid or reduce, as far as possible, any physical barriers as part of crossing improvements that would create accessibility issues.
Race/ethnicity[18] Including migrants, refugees and asylum seekers	54,343 residents (20%) were born outside of the UK 72,272 residents (26%) are from a Black or Minority Ethnic group 5.4% of households have no members with English as their main language.	We need to learn significantly more about the unique barriers to engagement and active travel that exist for Black and Racially Minoritised people, including intersectional lived experiences, and impact of other diverse identities.	People who speak English as an additional language may struggle to access information about the transport changes that would help keep them safe.	Explore and understand project-related impacts and barriers around safety and lived experiences of people who are Black and Racially Minoritised, with an added intersection of faith (for example, from Islamic and Jewish backgrounds), and those who are disabled. Develop and implement appropriate solutions from an intersectional perspective across all identities in the context of this project. Ensure interpreting services are available on request to support customers who speak English as an additional language. Share information about the changes with local groups and the Council’s Equality, Diversity and Inclusion team for wider dissemination to communities. Highlight the languages feature through Brighton & Hove City Council’s website which allows pages to be viewed in multiple languages.
Religion or belief[19]	55% of residents have no religion or belief. Source: ONS 2021 UK Population Census	During previous engagement, religious / belief groups have told us that maintaining adequate blue badge parking and drop off provision is important for those attending places of worship or community gatherings	Some residents may wish to travel to places of worship and/or to congregate / travel for religious ceremonies (e.g. burials) / events / festivals in the city.	Ensure where improvements are being upgraded near places of worship / beliefs that there is sufficient pavement space near places of worship for pedestrians when they gather and that where direct routes to places of worship are temporarily blocked by works, other routes are made available. Ensure parking / drop offs are maintained or relocated to an agree place for those attending, especially blue badge holders.
Sex/Gender[20]	The gender split of Brighton and Hove’s population is 51% female and 49% male. Source: ONS 2021 Mid-Year Population estimates 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. Reported road casualties Great Britain: pedestrian factsheet 2021 - GOV.UK (www.gov.uk) – There are 1.4 times more male than female pedestrian casualties overall and 1.8 times for children under 12. Between 2004 – 2021 58% of pedestrian killed or seriously injured (KSI) casualties were male. ( National Statistics 29 September 2022)	Numerous requests for pedestrian crossings come from women who are parents/carers are either attempting to cross the road with children and feel unsafe or requesting safer crossing locations for their children to safely cross independently. School aged girls are less likely than school aged boys to travel to school using active or sustainable modes. Women and girls are more likely to walk or ride a bicycle if they feel the route is safe (both physically and socially). Nationwide, nearly twice as many school-aged boys were injured or killed in road traffic collisions as school aged girls.	Women are more likely to be travelling on the network with family members, as primary carers. Safe Active Travel infrastructure can support modal shift to walking or wheeling and can minimise chances of injury or death.	Consider the needs of key workers (e.g. care workers) when making changes / upgrades to the crossing (e.g. removing parking space). Ensure width for buggies or wheelchairs are considered. Maximise safety for women and girls, currently underrepresented in active travel to school, and for boys and men who are at a higher risk of serious injury or death from an accident.
Sexual orientation[21]	Around 25,247 people (10.6%) identified with an LGB+ orientation (Gay or Lesbian, Bisexual or Other sexual orientation). The city is known for being a welcoming place for LGBTQ+ people and hosts large-scale annual events such as Brighton Pride.	No specific disproportionate impacts of the scheme identified for this group at this time.	Consider impact of disabled LGBTQ people who might not be able to access LGBTQ spaces such as Rainbow Hub during works.	Continue to liaise with the Events Team on Pride and other events to identify and remove barriers and any disproportionate impacts. Liaise with organisation impacted by the works to ensure accessibility maintained.
Marriage and civil partnership[22]	Based on a voluntary question from the 2021 census; Only a third of Brighton & Hove residents (33%, 77,241 people) aged 16 or older are married or in a civil partnership. This is significantly lower than seen in the South East (48%) and England (45%). Among residents married or in a civil partnership, 3,867 residents (5%) are in a same sex marriage or civil partnership. Source: ONS 2021 UK Population Census	No specific disproportionate impacts of the scheme identified for this group at this time.	No specific disproportionate impacts of the scheme identified for this group at this time.	No specific disproportionate impacts of the scheme identified for this group at this time.
Community Cohesion[23]	The council has a responsibility to promote good relations between people of different protected characteristic groups under the Equalities Act
Other relevant groups[24]	No other relevant groups who may experience disproportionate impacts identified at this time.	No other relevant groups who may experience disproportionate impacts identified at this time.	No other relevant groups who may experience disproportionate impacts identified at this time.	No other relevant groups who may experience disproportionate impacts identified at this time.
Cumulative impact[25]	Around 3 people are killed and 158 seriously injured on the city’s roads each year. More than half of the people killed or seriously injured on the city’s roads are pedestrians or cyclists. 38.2% of households in the city don’t own a car (or have one available). This increases to over 60% in more central areas of the city.	Safe walking, wheeling and cycling routes give people alternatives to car ownership and public transport. Most people walk, wheel or cycle for part of their journey whether it be by bus, car or any other form of transport.		Work with representative groups in the city to understand the key transport and travel issues for all people.
Assessment of overall impacts and any further recommendations[26]
Brighton & Hove’s transport network can be used by almost everyone and therefore any implementation or upgrades of pedestrian crossings have the potential to impact on all groups of people with protected characteristics under the Equality Act. As the implementation or upgrades the Safer, Better Streets are made, the groups most at risk of potentially being disproportionately affected are disabled people, young and old people, those from Black and Racially Minoritized groups and women, based on currently available data and information. It is important that any changes: · Where possible meet physical accessibility standards in the latest guidance, so as not to negatively impact disabled people but · also provide accessible and inclusive improvements to support active travel. · As a priority, retain blue badge parking where possible and maintain disabled access. · Facilitate full accessibility for disabled people. · Minimise obstructions and clutter on the highway, particularly where a road layout has been altered, taking opportunities to remove · unnecessary signs / clutter to provide a better experience and clear routes for all people. · All communications are clear, accessible, and available in multiple formats to a wide audience. · During any works, access is maintained. Works conducted as a part of this project will be designed as much as possible to minimise impact on groups with protected characteristics. Based on currently available data and information it is deemed that the benefits of improving the built environment for residents walking, wheeling and cycling, and the safety benefits the scheme will provide will outweigh possible negative impacts.

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)
Local Transport PlanLocal Transport Plan - Engagement Outcomes APX. n 2.pdf (brighton-hove.gov.uk) / Local Walking and Cycling Infrastructure Plan Local Cycling and Walking Infrastructure Plan (LCWIP) (brighton-hove.gov.uk)	2022	None identified	Look to align with LTP and LCWIP. The Safer Better Street Framework incorporates the LCWIP into the prioritisation process.
Active and Inclusive Travel Forum	Ongoing	None identified	Liaison with the AITF on schemes to get insight on the project, specifically on accessibility issues
BHCC Corporate Plan 2020-2023	2020	None identified
UK Population Census	2011	None identified
Joint Strategic Needs Assessment (JSNA) Executive Summary June 2022	2022	None identified
AccsMaps	Ongoing	None identified	Details of accidents and casualties at location which can help to identify solutions. Data includes age of casualty.
Census 2021Local Insight (communityinsight.org) • Sexual orientation and gender identity: Census 2021 in England and Wales • Demography and migration: Census 2021 in England and Wales • Ethnic group, national identity, language, and religion: Census 2021 in England and Wales Household language	2021	None identified	Explore data for better information along intersectional axes.
Customer contact via BHCC Transport Projects inbox	Ongoing	Requests sent from residents
Safer, Better Streets Framework	2022	None Identified
Local Insight, Community Insight for Brighton and Hove 2021	2021	Local Insight (communityinsight.org) There are currently gaps in our understanding that prevent us being able to predict and counteract impacts on Black and Racially Minoritized groups, along intersections of faith and disability

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 / disabled people for accessibility improvements	Ensure that the process for requesting infrastructure improvements is clear, easy to use and accessible as possible. Ensure clear, accessible, timely and inclusive information on changes is published publicly with a distribution area/list reflecting the small-scale nature of the schemes	People know where to go to make a request for Active Travel Infrastructure. More people aware of what the council is doing and can plan their journeys accordingly Review the content of the webpage and get advice from the web team on how to make the webpage more accessible.	Fewer public enquiries about the changes	As and when required. Make sure communications are accessible, e.g. avoid PDFs, provide information in relevant languages, Easy Read, Braille, and Large Print versions on request. Update the website by January 2024 to make more accessible
Disabled people	Wherever possible, ensure disabled parking bays are not removed, but if this is necessary, relocate bays to the nearest, accessible site.	Disabled car users are not disadvantaged or prevented from using the area.	No complaints about the accessibility of the changes from disabled people.	As changes to the transport network are planned and implemented
All	Share information about changes with local community / representative groups to disseminate widely	Wider groups are aware of changes and can plan accordingly	Fewer negative impacts / complaints about the measures from specific groups	Pre implementation
Parents, Disabled People Age	Ensure measures that are in place for temporary works meet accessibility standards	Disabled users of the crossing and families are able to utilise the new measures safely and without obstruction	No complaints from these groups about the changes	Pre and during implementation
Black and Racially Minoritised groups – people whose first language is not English	Ensure information is shared about changes with local community / representative groups to disseminate widely	Greater awareness of the changes among minority groups	Information is shared and there are no complaints	Pre and during implementation
All	Ensure all works take into account people gathering near places of worship, community hubs and shops	People are still able to gather and that works don’t obstruct this gathering	No complaints about physical space from communities / residents wanting to gather	Pre and during implementation
Age / Disabled people	Monitor to see if there are any barriers to making requests	Monitor any complaints or comments to see if anyone is finding the process difficult.	Make changes if barriers identified	Review process annually

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: Lesley Heath Date: 08/11/2023

Directorate Management Team rep or Head of Service/Commissioning: Date: 08/11/2023

CCG or BHCC Equality lead: Sabah Holmes, EDI Manager

Date: 14th November 2023

NOTE: EIA was completed and approved by Chris Brown, EDI Officer 8th November 2023. Formal additional second-line approval sent on 14^th November 2023

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.

^[1] 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

^[1] 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.

^[1] 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.

^[1] Title of EIA: This should clearly explain what service / policy / strategy / change you are assessing

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

^[1] Team/Department: Main team responsible for the policy, practice, service or function being assessed

^[1] 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.

^[1] Previous actions: If there is no previous EIA or this assessment if of a new service, then simply write ‘not applicable’.

^[1] 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?^[1]

· 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.

^[1] 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.

^[1] 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?

^[1] 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.

^[1] Age: People of all ages

^[1] 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.

^[1] 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

^[1] Pregnancy and Maternity: Protection is during pregnancy and any statutory maternity leave to which the woman is entitled.

^[1] 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.

^[1] 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.

^[1] Sex/Gender: Both men and women are covered under the Act.

^[1] Sexual Orientation: The Act protects bisexual, gay, heterosexual and lesbian people

^[1] Marriage and Civil Partnership: Only in relation to due regard to the need to eliminate discrimination.

^[1] Community Cohesion: What must happen in all communities to enable different groups of people to get on well together.

^[1] 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

^[1] 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

^[1] 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?

^[1] 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.

[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.

· 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.

[2] Our duties in the Equality Act 2010

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)

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).

· 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.