Equality Impact and Outcome Assessment (EIA) – Pedestrian Crossing Programme 2023-24

 

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) 

 

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]

Pedestrian Crossing Programme 2023/4 and Better Safer Streets 2024 /5

ID No.[6]

EEC50

Team/Department[7]

Transport Projects and Engineering

Focus of EIA[8]

 

Pedestrian crossing points are key to helping pedestrians travel safely around the city and the scope of this programme is to improve pedestrian crossing facilities, improving accessibility and safety, and reduce accidents. Improving perception of personal safety for cyclists and pedestrians can lead to reduced car dependency and usage, encouraging more active lifestyles (including for those with access requirements and other intersections) particularly for shorter journeys. 

 

Brighton & Hove City Council’s (BHCC) Transport Projects & Engineering (TP&E) Team collates and assesses requests received for new or improved pedestrian crossings from both members of the public and local Ward Members each financial year. From these a list of top 10 locations is put together on the basis of which are most urgently in need of and viable for improvement, subject to the availability of funds. The ‘type’ of crossing facility proposed is considered on a case-by-case basis by Highway Engineers.

 

This project’s deliverables, particularly during construction phase, will likely have an impact on many users of the identified crossing locations.  The TP&E (Transport Projects and Engineering) team will be investigating design options that mitigate temporary and existing infrastructure and as part of this work. Engagement with stakeholders will be held, including residents, local businesses, transport operators/providers and equality and inclusion groups (representing e.g. disabled people, young, elderly, Black and Racially Minoritized groups).

 

Of the ten sites identified for implementation, some will be delivered as a part of other programmes. The three schemes to be delivered as part of this programme are:

 

-       Surrenden Road at the junction of Harrington and Bates Road

-       A239 southern arm

-       Bristol Gardens / Arundel Road mini roundabout

 

A contract has been awarded for design support for these 3 schemes, where they will be worked up to concept designs (RIBA stage 2), detailed design (RIBA stage 4) and then taken to construction, subject to feasibility and value for money.

 

 

 


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)

Ensure detail of changes/upgrades to crossing locations are published publicly. More people aware of what the Council is doing and can plan their journeys accordingly 

Only TTROs for temporary works on Old Shoreham Road. Residents and stakeholders were written to with details of the scheme.

 

Letters were sent to residents and gave them the opportunity to engage. Ward councillors were also informed.

Earlier and more detailed discussions with the permit team before the works commence.

Put together consultation material early so ready to go.

Share information about changes with local community / representative groups to disseminate widely. Wider groups are aware of changes and can plan accordingly.             

Details were shared with members of the Active and Inclusive Travel Forum prior to the works starting. Feedback on the Upper Hollingbury Road scheme meant we undertook further work to investigate the options. We concluded that the scheme didn’t provide any betterment on the existing facilities.

Build in additional time to engage with stakeholders.

Parents, Disabled People and Age:

ensure measures that are in place for temporary works meet accessibility standards.

Ensure disabled users of the crossing and families are able to utilise the new measures safely and without obstruction.    

No complaints were received; however we did get an enquiry from a resident on the Old Shoreham Road about accessibility. The contractor provided comparable facilities where it was safe to do so.

Include details of the accessibility standards during the implementation phase in the letter to residents. Make provision if required in the contract to include accessibility during works. Ask for this to be include in the Traffic Management.

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.

 

No complaints received

Review scope of scheme and work with the Equality, Diversity and Inclusion team to identify Black and Racially Minoritised community groups within the area with whom to share information.

 

 

 

 

 

 

 

           


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 & Hove has a resident population of 276,300 people, divided as follows:

15% 0-15yrs

71% 16-64yrs

14% 65+ yrs

(of the latter group 6% are over 75)

 

The area of North Hangleton, adjacent the A293 site, has a very high concentration of people aged 65+ (33.5%)

 

The city’s population is predicted to get older, with the greatest projected increases by broad age band in the 60-69 years and 80-84 years categories.

Source: ONS 2021 Mid-Year Population estimates

 

Surrenden Road and the A239 South arm are on well-known routes to primary and secondary schools, as well as colleges.

 

Nationwide, children aged below 16 years are by far the most at risk of death or serious injury from motor vehicle crashes in the AM and PM during the school-run time periods (8-9am and 3-4pm) for each.

 

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.

 

 

 

 

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.

 

LTP 5 consultation

2022 says:

Safety of streets and pedestrian crossings is a major barrier to active travel to schools and local amenities.

 

Pedestrian crossings can improve safety for users, including school children and cyclists, and those using mobility aids.

 

Increased congestion and/or removal of parking spaces linked to temporary changes can affect how efficiently care workers and others assisting vulnerable people can operate.

 

Children and younger people need a safer crossing environment to enable them to walk more easily, safely, and independently.

 

Elderly people would also benefit from safer environs as they become less able to drive.

 

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 crossing location with local representative groups, including through the Active & Inclusive Travel Forum for wider dissemination.

 

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 for wheelchair users and people with mobility impairments.

 

Ensure lighting, signs and other infrastructure do not cause obstructions on the pavement.

 

Pursue opportunities to improve the safety and comfort of all people who may wish to walk, wheel, or otherwise use the footway space as permitted.

 

Undertake informal post scheme monitoring to ascertain benefits of the works.

 

 

Disability[15]

19% of residents in Brighton & Hove are disabled as defined by the Equality Act.

 

Among disabled residents, the following feel like their day-to-day activities are limited:

-                      ‘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 disabilitiesA disproportionately large number of disabled residents whose disability limits their day to day life a lot live in Whitehawk (between 11-16% of residents in all Whitehawk LSOAs).

 

Between 34-40% households across all Whitehawk LSOAs contain 1 disabled person. This is disproportionately high compared to the rest of the city.

 

The neighbourhoods surrounding Surrenden road and the A293 have respectively between 17-23% and 22-28% of households with one disabled person.

 

 

 

Feedback has been received from blind and partially sighted residents and groups (Sight

Loss UK / Thomas Pocklington Trust) advising they do not feel safe crossing busy roads.

 

Blue badge parking is needed as close as possible if existing bays are removed for temporary / permanent transport measures.

 

Specific detail on any temporary changes to disabled parking bays needs to be publicly available as soon as possible when implementing schemes.

 

Footways and crossings must be of adequate width and design to facilitate safe access in line with guidance.

 

Obstructions on the highway and footway (e.g. A-boards, tables & chairs and tree routes) put disabled road users and pedestrians 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 to the pedestrian crossings.

 

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 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.

 

Avoid the relocation of blue badge bays and consider opportunities to relocate these bays to more accessible locations if required.

 

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 (1.0%) answered “No”, indicating that their gender identity was different from their sex registered at birth. Source: ONS 2021 UK Population Census

No specific disproportionate impacts of the Action Plan identified for this group at this time

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

No specific disproportionate impacts of the Action Plan 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 and 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.

 

 

 

 

 

Help people who have English as an additional language to access information about the transport changes that would help keep them safe.

 

People who speak or read little/ no English 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

 

Engage in an accessible way with relevant groups across the city and encourage feedback.

 

Religion or belief[19]

 

55% of residents have no religion or belief.

Source: ONS 2021 UK Population Census

 

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 crossings 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.

 

 

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.

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.

No specific disproportionate impacts of the scheme identified for this group at this time.

 

Marriage and civil partnership[22]

None Identified

 

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

 

 

Share information about changes and works being undertaken at the crossing location with local representative groups for wider dissemination.

 

Seek to understand intersectional impacts on people with multiple protected characteristics.

 

Other relevant groups[24]

 

 

 

 

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 pedal 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.

 

Nationwide, school-aged children from the most deprived quintile of the population are nearly 4-5 times more likely to be killed or seriously injured in a traffic collision than school-aged children from the least deprived quintile of the population

 

 

 

 

 

Seek opportunities to incorporate infrastructure improvements that are supporting populations or areas of higher deprivation.

 

 

Assessment of overall impacts and any further recommendations[26]

 Brighton & Hove’s transport network can be used by 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 of pedestrian crossings identified in the Pedestrian Crossing Priority List 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 disabled 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.

 

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)

BHCC Corporate Plan 2020-2023

 

2020

None identified

 

UK Population Census

2021

None identified

 

Customer contact via  transport projects inbox

From April 2020

Requests for pedestrian facilities come in via this route

Engage with diverse representative groups to understand key challenges faced by protected characteristics groups and the barriers experiences by people with multiple protected characteristics, e.g. disabled trans people and Black and Racially Minoritised people

Active and Inclusive Travel Forum

2022

Ongoing - Specific feedback on pedestrian Crossing schemes specifically on issues of accessibility.

Engage with AITF at an early stage

Sightloss South East

2022

Simulation Training and ongoing discussion

Engagement

Accident mapping using accs maps

2022

Provide background information

Look at accident data for specific locations requested

Local Transport Plan 4 and draft LTP consultation 5 / Local Cycling and Walking Infrastructure Plan

2022

https://democracy.brighton-hove.gov.uk/documents/s175852/Local%20Transport%20Plan%20-%20Engagement%20Outcomes%20APX.%20n%202.pdf

 

https://www.brighton-hove.gov.uk/lcwip#tab--stage-5-prioritising-improvements

 

Look to align with LTP and LCWIP

Local Insight, Community Insight for Brighton and Hove

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.

Explore data for better information along intersectional axes.

 


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

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

More people aware of what the council is doing and can plan their journeys accordingly

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.

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

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

 

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:   Zoe Greenslade                   Date: 19th July 2023

 

 

CCG or BHCC Equality lead:      Sabah Holmes / Chris Brown                                            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.