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

3. Review of information, equality analysis and potential actions

Groups to assess	What do you know[9]? Summary of data about your service-users and/or staff	What do people tell you[10]? Summary of service-user and/or staff feedback	What does this mean[11]? Impacts identified from data and feedback (actual and potential)	What can you do[12]? All potential actions to: · advance equality of opportunity, · eliminate discrimination, and · foster good relations
Age[13]	PAN changes will have most impact on children and parents of those born between 1/09/2020 and 31/08/2021 who are due to start school in September 2025 and those born between 01/09/2013 and 31/08/2014 who are due to start secondary school in September 2025. The proposals will also impact on primary school age children who currently attend the schools where a change is proposed. There are projected to be 2189 children in the starting school age bracket, and it is estimated 1970 will require a mainstream reception school place in September 2025. There are projected to be 2279 children requiring a secondary school place in 2025.	Regarding adults, the consultation received 1511 responses through the consultation portal. 62.9% of responders provided their age with the youngest being 21 and the oldest 90. Out of these responses provided 2.4% were under 30. 31.5% were aged between 30-39; 54.8% aged between 40-49; 8.7% were aged between 50-59 and 2.6% were 60 or older. Some responders expressed concern about getting younger siblings into the primary phase schools where reductions were proposed.	The number of responses to the consultation was approximately 36% of the child cohort in September 2025 when the changes in primary and secondary schools are proposed to be implemented. Respondents aged between 30 and 59 accounted for 95% of the responses. Responses to the admissions consultations and attendance at the public meetings were predominantly by people likely to have school age children and children attending the affected schools. Children due to start school in September 2025 or move into secondary education will be affected by changes to the admission arrangements and may be affected by not being able to attend school with their friends.	Ensure that there are sufficient school places in the planning and catchment areas to accommodate pupils starting a new school in Sept 2025. Those who cannot apply for a school place online can contact the school admissions team for support.
Disability[14]	Children with Special Educational Needs and Disabilities (SEND) who have an Education, Health & Care Plan would be placed in school under the SEND code of Practice by the SEN team and normal admission arrangements and PANs would not apply.	Regarding adults, from the responses through the consultation portal, 7.0% identified as having a disability. 81.3% did not consider themselves to have a disability and 11.7% preferred not to say. Concerns were raised at public meeting about the ability of schools to support children with additional needs if the proportion of these children increases due to a drop in PAN. Concerns were raised at public meetings that larger schools have economies of scale so have more money, and in some case staff, available to provide pupils with identified additional support. In terms of secondary admission arrangements concerns were expressed about pupils with a disability being able to take up the opportunity of a school place away from their catchment area school and the issues of ensuring their full participation in the life of the school.	Parents with disabled children or who have a disability themselves may not be able to travel a distance to take their child to a school place further away, in the case of primary admission, or a change to secondary school admission priorities. There could be additional pressure on schools to put in place specific support programmes and interventions should the schools be reduced in size. The Council’s own services may come under further pressure should parents whose children’s needs were met by the school without any statutory process requesting additional support through formal processes and therefore increasing the Council’s statutory responsibilities and costs. There may be some need to adapt physical environments to cater for disabilities which schools are experienced in doing. In terms of secondary school transition processes the original primary school may need to establish new protocols of communication with a receiving secondary school. Staff with disabilities may need additional support to apply for new roles if their role is at risk due to a change in PAN. Children who are unable to attend school with their peers or with others from their community may require additional support.	There needs to be sufficient school places within a reasonable distance of families including those families who have someone with a disability living with them. All B&H mainstream schools should be able to meet needs of non-EHCP children, albeit sometimes with additional support or resources. Consideration under the council’s transport policy will be given to those parents/carers with disabled children or who have a disability themselves may not be able to travel a distance to take their child to a school place. The Vulnerability Index process that supports transition from primary to secondary school is being reviewed in light of other proposals and is available to be used by all primary and secondary schools in the city to aid communication about pupils moving from one school to another.
Gender reassignment[15]	We have not yet identified any disproportionate impacts on this group because the data available about parents/children’s gender reassignment is inconclusive. We know that parents/carers may not want to disclose information about gender reassignment for reasons such as the perceive lack of support, fear of discrimination, personal choice.	Schools in the city work closely with Allsorts to understand the complex needs of gender diverse children and young people. Only 10 responses were received from those who did not identify as the sex they were assigned at birth. This matter has not been raised as part of the anonymous consultation process.	All schools in Brighton and Hove are invited to refer to the detailed guidance provided by the City Council known as the Trans Toolkit, and parents and children can be signposted to voluntary organisations who specialise in supporting families of children who are transitioning, or questioning their gender	A package of support is provided to the schools via Brighton & Hove’s Trans Toolkit, which will be used to identify and meet the individual needs of children and young people. If individuals indicate that they need further support and assistance, then they will be signposted to the relevant support or community group that they can contact for additional assistance. If this characteristic is identified as an issue when considering a transfer to a new school by a pupil the council can assist to ensure that every situation is dealt with compassionately and fairly and that bespoke assistance is available if individuals request this.
Pregnancy and maternity[16]	We do not hold data about pregnancies of the parents/carers in the cohorts of pupils that are affected by the proposed admission arrangements. In the Census 2021 it was revealed that Brighton & Hove’s population profile had fewer children & young people aged 0 to 19 (20.5%) compared to the South East (23.1%) and England (23.1%). There was a 22% drop in children aged 0-4 living in the city in the 2021 census compared to the 2011 census. Future or newborn children could be affected with an older sibling changing school as it could affect where they go to school and may impact on parents’ decisions about which schools to apply for. Staff who are new parents may find it difficult to get flexible working arrangements agreed at a new school.	Parents/carers who are pregnant or on maternity leave may find it difficult to get older children to school. Families have reported concerned about travelling to a new school with young pre-school children or when pregnant.	Reducing PAN at some schools may mean longer travel times for some families. Pregnant people could find it harder to access different schools if they are larger distances from their home. There needs to be sufficient places within a reasonable distance from families where there is a pregnant adult or an adult on maternity leave.	Consideration needs to be given to ensuring that there are enough school places within a reasonable distance from families where there is a pregnant adult or an adult on maternity leave. We will work with the schools to accommodate any bespoke needs and provide support to all those where we are aware that their circumstances mean that they require additional support. HR advice can be provided for pregnant school staff. The risk assessment tool is available to support pregnant staff.
Race/ethnicity[17] Including migrants, refugees and asylum seekers	The data available for pre-school pupils indicates an increased percentage of Black and Racially Minoritised children for the city in general. There is no comprehensive race/ethnicity data available for the cohort due to start school in September 2025. In January 2023, 30% (9,469) of pupils in Brighton & Hove schools who supplied their data identified as an ethnicity category other than White British. This is an increase of 377 pupils since January 2022. The national figure is higher, at 34.5% of pupils. 33% of late school applications were submitted by Black and Racially Minoritised families and for a further 19% there is no ethnicity information. 76.4% of Black and Racially Minoritised families who applied received their first preference school compared to 82% of white British families. In January 2023, for the cohort joining Secondary school in Sept 2025, 32% of pupils were identified as an ethnicity category other than White British. 32% of children eligible for Free School Meals identified as an ethnicity category other than White British.	Regarding adults, from the consultation, 22.6% of those who responded by providing details identified as other than white British and 77.4% identified as white British. 380 respondents did not answer this question or did not want to specify their ethnicity, this is approximately 25% of the consultation responders. There were no formal requests for consultation documentation in alternative formats. There are concerns about pupils’ exposure to racism on journeys to and from school. This could be exacerbated by pupils eligible for FSM being allocated places at schools outside of their catchment area.	In some allocation years a higher percentage of pupils from Black and Racially Minoritised communities apply late or are directed to a school that was not a preference. Children who have experienced racism may need additional support to settle into a new school if they are unable to be placed with their friends because of a reduction in PAN at a preferred school.	Important to ensure that there are some surplus places in each planning area so there are local school places available for any late applicants and to accommodate pupils who can’t secure a place at their preferred school due to the distance tie break. All schools are expected to deliver a rich curriculum suitable to all pupils who attend the school. Schools are expected to celebrate the experiences of families in the city and from other areas. We expect the school's to demonstrate understanding of lived experiences of migrants and asylum seekers, and we are committed to supporting schools in further developing their understanding and making reasonable adjustments to ensure curriculum is accessible to all. Migrants, refugees, asylum seekers and traveller children requiring places outside the usual admission rounds and unable to secure a place at their preferred school can be placed through the fair access protocol. If children or parents/carers indicate that they are experiencing discrimination, there will be signposting in place to ensure that they have the relevant support that they need or access to a relevant discriminatory community group that they can contact for additional assistance. Anti-Racist Education Strategy" that is now in its third year. There includes a comprehensive package of training and support available for schools. Where a school has not engaged yet in the full training offer, we can be proactive in offering this as a priority for all staff and provide additional support from our seconded team of teachers to ensure each setting is taking appropriate steps. Whilst we are not complacent, many of the schools well placed to take children are already engaging with the strategy and will have a foundation of knowledge and practice upon which we can build.
Religion or belief[18]	There are only Church of England and Catholic faith schools within the city. These schools can prioritise children of the faith above other children. A number of these schools do prioritise children of other faiths above children of no faith. None of the faith schools are proposing a reduction in PAN for September 2025, however there are currently proposals being consulted upon to close a church aided primary school in the city. 22% of first preference applications for September 2023 were for church aided schools and 78% expressed a first preference for secular schools.	There is little information on this. Some parents will seek a secular education for their child whilst others will want their children taught in line with their religious belief. 65.3% of responders to the consultation indicated they have no particular religious belief or preferred not to say. 11.8% of all responders did not answer this question. 12.4% of those who did reply were Christian.	All schools identified for a reduction in PAN are community schools and this could potentially have a disproportionate impact on pupils with no faith. Faith schools in the city are responsible for their own admission arrangements and the council cannot consult on changes to their PAN or the introduction of a criterion for Free School Meals.	The council will continue a dialogue with both Catholic and Anglican diocese about the part church schools can play in helping to reduce the number of surplus places in the city. The council will need to ensure that there are sufficient secular school places available for all residents who require one within a reasonable distance. All schools should ensure that appropriate cultural provisions are in place for families (i.e. multi-faith rooms, dietary requirements etc.).
Sex/Gender[19]	There are no single sex, maintained schools in the city. Admission arrangements do not take into consideration the gender of the child. We are aware that parents/carers may be in situations where they are on maternity/paternity leave, are single parent families, and/or from same sex families or non-binary families. Their lived experience may mean they may not want to engage not have time or energy to engage with a school closure and the issues associated with it. Additional burdens due to the cost of living could have disproportionate impacts on women due to the nature of their employment types and barriers to employment for those with sole childcare responsibilities. There may be children that identify as non-binary. Most staff working in schools will be women.	Regarding adults, 74.8% of responses who replied to this question were submitted by females and 24.4% by males. 21.6% of all responders to the consultation did not answer or preferred not to say. We’ve primarily heard from women throughout the consultation where issues have been raised about places being available where parents have a preference for their child(ren) to attend.	This proposal could impact on women’s, with pre-school children, ability to seek employment if parental preferences are determined by how they would facilitate being in work.	If we are aware of any circumstances were individuals need support, we will ensure that this group is supported and that the school is also supported in using the school’s trans toolkit. Have awareness of any socio-economic issues that will require further support with securing a school place. If children or parents/carers indicate that they are experiencing discrimination, there will be signposting in place to ensure that they have the relevant support that they need or access to a relevant discriminatory community group that they can contact for additional assistance.
Sexual orientation[20]	We have not yet identified any disproportionate impacts on this group because the data available about parents/children’s sexual orientation is inconclusive.	Regarding adults, 92.2% of the 247 respondents who provided details on their sexual orientation were submitted by heterosexual respondents. 7.3% by gay/lesbian or bisexual respondents. 32.9% of all respondents to the consultation preferred not to say or did not answer.	We are not aware of any identified disproportionate impacts because the data is not available. However, we are aware that discrimination against sexual orientation remains a prevalent issue.	If we are aware of any circumstances were individuals need support, we will ensure that this group is supported and that schools are also supported in guiding people through to resources and signposting support. Voluntary sector organisations are available for support for children and families regarding their sexual orientation in the city. Any staff processes such as staff redesign must not take this into account.
Marriage and civil partnership[21]	We have not yet identified any disproportionate impacts on this group because the data available about parent/carer marital or civil partnership status is inconclusive.	No data is collected on this matter. This did not come up as an issue or consideration in the consultation.	There may be discrimination around civil partnerships and gay marriages and families may find it harder to access community resources in the school area and could experience discrimination.	If we are aware of any circumstances were individuals need support, we will ensure that this group is supported and that schools are also supported in guiding people through to resources and signposting support.
Community Cohesion[22]	The schools identified in the consultation are mostly in different planning area serve different communities within in the city. St Lukes Primary School has 14% of pupils within the 10% most deprived areas of Britain and 20% of pupils within the 20% most deprived areas of Britain. The other schools within the proposals have 1% or less of pupils within the 10% most deprived areas of Britain and less the 5% (except Goldstone with 13%) of pupils within the 20% most deprived areas of Britain. 28% of pupils are currently eligible for Free School Meals for the cohort joining Secondary school in Sept 2025. The free school meal (FSM) protections policy was introduced in 2018 to protect those eligible for FSM from becoming ineligible while Universal Credit (UC) is being rolled out. This means that a pupil who was FSM eligible on 1 April 2018, or who has become eligible under the benefits/low-earnings criteria since then, will continue to receive free meals, even if their household income exceeds the eligibility threshold, up until March 2025 and then until the end of their phase of education. This means that there will be pupils who are eligible for Free School Meals when they apply for a secondary school place but who may no-longer be eligible when they actually start secondary school because they will have been re-assessed.	House prices surrounding popular schools can be inflated, due to increased demand on accommodation close to popular schools. Parents from some socio-economic groups are better able to lobby and to instigate a cohesive community response to the proposals that may disproportionately influence the decision making about which schools will have their PAN reduced. Some communities may not be adequately represented in public meetings or in the responses to the consultation. Although introducing a priority for children eligible for Free School Meals will give parents of these pupils a realistic chance to be offered any community school in the city that they apply for. A parent’s choice could be limited by the cost of transport required getting to that school each day. Children and Young people’s mental health can be affected by decisions about school places especially when placed away from their friendship group or support within the community. Schools may not be able to afford the interventions, required to facilitate good community cohesion amongst pupils and families attending the school.	Can have an implication on the pupils offered a place at these schools as families who cannot afford to move close to oversubscribed schools are unable to obtain a place there. Responses to this consultation need to be considered based on the content not just quantity of replies as some areas in the city due to the nature of the community will provide significantly more replies and in a variety of ways. Parents of children eligible for Free School Meals, may not be able to afford to pay for the transport to get their children to their school of preference. There may be children who are eligible to be allocated school places under the Free School Meals priority who are then re-assessed and no longer eligible when they start secondary school. These pupils won’t be considered under the extended entitlement for Home to School transport assistance. Classroom and school dynamics may change resulting from changes in admission arrangements to schools. Some families may struggle with informal childcare e.g. relying on friends and family members with children at the same school. Schools unable to afford the interventions without statutory or similar processes being undertaken which would impact on the council’s own responsibilities and budgets.	Consideration of admission arrangements and tie break to remove advantage to families who are in the financial position to move close to popular schools in order to increase chance of obtaining a place. Take consideration of the impact of any change in PAN may have on a school in relation to the composition of pupil cohorts and their families to promote a comprehensive education offer. Clear information needs to be provided to parents about the Free School Meals priority and the council’s Home to School Transport policy so parents don’t apply for and get allocated a school place where transport costs would be too expensive for them. Schools will need to have the ability to access support services to help mitigate the impact of community cohesion should proposed changes take effect.
Families with English as additional language	In January 2023, 15.5% (4,861) of Brighton & Hove pupils were exposed to a language other than English in their home. This is an increase of 263 pupils since January 2022, but lower than the latest national figure of 19.5%. The percentage of pupils with English as an additional language varies across primary schools and planning areas. In October 23, Brunswick Primary School have 30.4% of pupils where English is an additional language and families speaking 40 different languages. Goldstone Primary School have 10.9% of pupils where English is an additional language and families speaking 16 different languages. Patcham Infant School have 4.1% of pupils where English is an additional language and families speaking 11 different languages. Saltdean Primary School have 10.4% of pupils where English is an additional language and families speaking 25 different languages. St Luke’s Primary School have 9% of pupils where English is an additional language and families speaking 20 different languages. Stanford Infant School have 11.7% of pupils where English is an additional language and families speaking 12 different languages. There is relatively high deprivation amongst many of the families with English as additional language. In January 2023, 17% of children eligible for Free School Meals in the city have English as additional language.	There is little information on this. However, we are aware of the level of consultation responses of those who are identified as other than white British. It is also considered likely that families with English as an additional language and those from Black and Racially Minoritised may struggle to understand the detail and implication of the proposed changes to the admission arrangements in the city. Schools may not have sufficient economies of scale to provide additional support to those pupils who have English as an additional language. This may limit the progress pupils can make should they not have access to interventions.	Families with pupils who have English as an additional language are proportionally more likely to apply late which significantly reduces their change of being offered a place at an oversubscribed school. The higher number of families with English as an additional language applying late could be contributed to several factors such as these families moving into the city outside the cut off dates for the main admission rounds. This could be due to these families are not being aware of when to apply for school places as they are less likely to understand the promotional information distributed for parents. Families may not comprehend the implication of the proposals or which year they take effect and be able to relate this to their own circumstances. Interested parties from other race/ethnic groups could find it harder to access community resources in the new school area and could experience discrimination.	Important to ensure that there are still surplus places in each planning area so late applicants and pupils moving mid-year can be offered a place at a local school. This is particularly important for schools in areas with a high proportion of these pupils. Greater emphasis needs to be made to reach these families and make them aware of the school admissions applications process. This group may be unaware of the school admissions timescale, so additional steps would be taken to engage these families with this consultation. Continue to work with EMAS to increase engagement with the admissions process for families with English as an additional language.
Other relevant groups Children in Care and Care Experienced Young People	That Children in Care and Care Experienced Young People are likely to face discrimination. Across the city, there are 332 children and young people in care, and 381 children and young people previously in care. 41% of 19-21 year old care leavers are not in education, employment or training, compared to 12% of other young people the same age. There are 66% with SEND and 35% have an EHCP, compared to 12% of the general population. 50% of children and young people in care have a diagnosable mental health condition.	Brighton & Hove City Council have adopted Children in Care and Care Experienced Young People as a protected characteristic. As Corporate Parent, there is a collective responsibility and demonstrable commitment to ensure that children and young people with care experience are enabled to have the same opportunities as any other child or young person. 1.9% of responders who provided information have been a Child in Care or Care Experienced Young person. 90.1% had not and 8.0% preferred not to say. Schools may not have sufficient economies of scale to provide additional support to those pupils who have previous care experience. This may limit the progress pupils can make should they have access to interventions.	We need to ensure that the profile of children and young people accessing school places are not discriminated against and can access school provision. We recognise that care experienced children are likely to have experienced trauma and the school admission process could reignite those negative feelings depending on the outcome of allocations of pupils with lower priority. It can be expected that parents who were themselves care experienced may also re-experience the trauma that was present earlier in their lives.	Brighton & Hove City Council have adopted Children in Care and Care Experienced as a protected characteristic. Children in care and previously looked after children have the top admission priority when applying for school places. The virtual school has a responsibility to support children in care and those known to a social worker.
Cumulative impact[23]	A range of steps were taken to enable people to engage with the consultation process. Information from the online consultation events was available after the event. The lived experience of many families may mean they may not want to engage not have time or energy to engage with a consultation to change admission arrangements or school’s PANs and the issues associated with it. We are aware that there will be people who may be impacted because of multiple protected characteristics. Multi layered impacts on certain people may exist which could severely impact their ability, desire, or access to engage with the consultation. The lived experience of many families may mean they may not want to engage not have time or energy to engage with a school closure and the issues associated with it.	The Council has heard from families who have reported they will be negatively impacted and disadvantaged by the reduction in places at certain primary schools and concerns about the potential impact of a new FSM category for secondary aged pupils. closure of the school.	Families may fear discrimination throughout the application process to secure a new school place. A school move for those who have added socio-economic issues may add an extra layer of stress to those families. A school move for those who have added socio-economic issues may add an extra layer of stress to those families. Children and families may not receive the same support in a setting if its PAN has been adjusted or the cohort of pupils changes significantly.	The Council will ensure there are sufficient places for all pupils so that a reasonable offer can be made. For those having to travel greater distance consideration of support for transport assistance will be made in line with the current policy on Home to School transport. Statutory services will need to be available to support schools whose only deliverables are impacted by a change in economies of scale. Schools need to be aware of the impact on children and young people’s mental health when not educated as part of their own community.
Assessment of overall impacts and any further recommendations[24]
Reducing the number of surplus school places is necessary to safeguard the whole family of schools in the city and to protect schools from financial difficulties as pupil numbers reduce. Without a continued reduction in school places to match dropping pupil numbers there is the real possibility that some schools become unable to operate in a financially efficient way with implications for the quality of education provided and the Council’s own budget. By not reducing the number of surplus places in the city in the longer-term school occupancy rates will not increase meaning that school budgets will remain lower and this may make more schools less viable. As schools are more likely to be able to balance their budgets if operating with full, or close to full, forms of entry. A higher percentage of late applications are for children from ethnic minorities and children with English as an additional language although the numbers are small. Late applications for oversubscribed schools are less likely to be offered a place. To minimise the impact on these families of applying late more needs to be done to reach these families when reminding parents to apply for their child’s school place. In considering the proposals it is important for the Council to ensure that there are sufficient school places in all areas of the city for all pupils to be able to attend a local school. Staff could be at risk of being made redundant if a school is required to re-organise to educate a smaller cohort of children. Where staff have needs around protected characterises, the employer will need to ensure additional steps and support are taken where necessary. Schools will need to work together to support families and children whose school place is not with their friendship group or those considered part of their community. This is particularly relevant where English is an additional language and for Black and Racially Minoritised families. The Council recognises that whilst the consultation reached many, there will be some the Council has not heard from directly. The Council is proposing to reduce the Published Admission Number of 6 schools to reduce the number of unfilled places across the city. After consideration of the responses to the consultation, the Council is not proposing to reduce the PAN of: Queen’s Park Primary School, Rudyard Kipling Primary School or Woodingdean Primary School. The Council is also proposing to introduce a new admission priority in its secondary school arrangements for pupils who qualify for Free School Meals. It is forecast that pupil numbers will continue to fall until, at least, 2027 with the estimated number of children needing a starting school place reducing from 1970 in 2025 to 1787 in 2027. As a result, the Council is seeking to reduce the number of unfilled places across the city. It is doing so in full knowledge that the Schools Adjudicator may overturn individual decisions on appeal, as a result of their need to consider the role of parental preference. However, the Council is seeking to signal clear intent to seek to protect the wide range of schools in the city and ensure the availability of school places to all communities in the city. Any objection will be robustly defended and the Adjudicator’s attention will be drawn to the fact that the Council is continuing to propose the closure of two one form entry primary schools and 33 out of 61 schools are forecasting a deficit position at the end of the financial year.

Groups to assess

What do you know[9]?

Summary of data about your service-users and/or staff

What do people tell you[10]?

Summary of service-user and/or staff feedback

What does this mean[11]?

Impacts identified from data and feedback (actual and potential)

What can you do[12]?

All potential actions to:

· advance equality of opportunity,

· eliminate discrimination, and

· foster good relations

Age[13]

PAN changes will have most impact on children and parents of those born between 1/09/2020 and 31/08/2021 who are due to start school in September 2025 and those born between 01/09/2013 and 31/08/2014 who are due to start secondary school in September 2025. The proposals will also impact on primary school age children who currently attend the schools where a change is proposed.

There are projected to be 2189 children in the starting school age bracket, and it is estimated 1970 will require a mainstream reception school place in September 2025. There are projected to be 2279 children requiring a secondary school place in 2025.

Regarding adults, the consultation received 1511 responses through the consultation portal. 62.9% of responders provided their age with the youngest being 21 and the oldest 90.

Out of these responses provided 2.4% were under 30. 31.5% were aged between 30-39; 54.8% aged between 40-49; 8.7% were aged between 50-59 and 2.6% were 60 or older.

Some responders expressed concern about getting younger siblings into the primary phase schools where reductions were proposed.

The number of responses to the consultation was approximately 36% of the child cohort in September 2025 when the changes in primary and secondary schools are proposed to be implemented.

Respondents aged between 30 and 59 accounted for 95% of the responses.

Responses to the admissions consultations and attendance at the public meetings were predominantly by people likely to have school age children and children attending the affected schools.

Children due to start school in September 2025 or move into secondary education will be affected by changes to the admission arrangements and may be affected by not being able to attend school with their friends.

Ensure that there are sufficient school places in the planning and catchment areas to accommodate pupils starting a new school in Sept 2025.

Those who cannot apply for a school place online can contact the school admissions team for support.

Disability[14]

Children with Special Educational Needs and Disabilities (SEND) who have an Education, Health & Care Plan would be placed in school under the SEND code of Practice by the SEN team and normal admission arrangements and PANs would not apply.

Regarding adults, from the responses through the consultation portal, 7.0% identified as having a disability. 81.3% did not consider themselves to have a disability and 11.7% preferred not to say.

Concerns were raised at public meeting about the ability of schools to support children with additional needs if the proportion of these children increases due to a drop in PAN.

Concerns were raised at public meetings that larger schools have economies of scale so have more money, and in some case staff, available to provide pupils with identified additional support.

In terms of secondary admission arrangements concerns were expressed about pupils with a disability being able to take up the opportunity of a school place away from their catchment area school and the issues of ensuring their full participation in the life of the school.

Parents with disabled children or who have a disability themselves may not be able to travel a distance to take their child to a school place further away, in the case of primary admission, or a change to secondary school admission priorities.

There could be additional pressure on schools to put in place specific support programmes and interventions should the schools be reduced in size.

The Council’s own services may come under further pressure should parents whose children’s needs were met by the school without any statutory process requesting additional support through formal processes and therefore increasing the Council’s statutory responsibilities and costs.

There may be some need to adapt physical environments to cater for disabilities which schools are experienced in doing.

In terms of secondary school transition processes the original primary school may need to establish new protocols of communication with a receiving secondary school.

Staff with disabilities may need additional support to apply for new roles if their role is at risk due to a change in PAN.

Children who are unable to attend school with their peers or with others from their community may require additional support.

There needs to be sufficient school places within a reasonable distance of families including those families who have someone with a disability living with them.

All B&H mainstream schools should be able to meet needs of non-EHCP children, albeit sometimes with additional support or resources.

Consideration under the council’s transport policy will be given to those parents/carers with disabled children or who have a disability themselves may not be able to travel a distance to take their child to a school place.

The Vulnerability Index process that supports transition from primary to secondary school is being reviewed in light of other proposals and is available to be used by all primary and secondary schools in the city to aid communication about pupils moving from one school to another.

Gender reassignment[15]

We have not yet identified any disproportionate impacts on this group because the data available about parents/children’s gender reassignment is inconclusive.

We know that parents/carers may not want to disclose information about gender reassignment for reasons such as the perceive lack of support, fear of discrimination, personal choice.

Schools in the city work closely with Allsorts to understand the complex needs of gender diverse children and young people.

Only 10 responses were received from those who did not identify as the sex they were assigned at birth.

This matter has not been raised as part of the anonymous consultation process.

All schools in Brighton and Hove are invited to refer to the detailed guidance provided by the City Council known as the Trans Toolkit, and parents and children can be signposted to voluntary organisations who specialise in supporting families of children who are transitioning, or questioning their gender

A package of support is provided to the schools via Brighton & Hove’s Trans Toolkit, which will be used to identify and meet the individual needs of children and young people.

If individuals indicate that they need further support and assistance, then they will be signposted to the relevant support or community group that they can contact for additional assistance.

If this characteristic is identified as an issue when considering a transfer to a new school by a pupil the council can assist to ensure that every situation is dealt with compassionately and fairly and that bespoke assistance is available if individuals request this.

Pregnancy and maternity[16]

We do not hold data about pregnancies of the parents/carers in the cohorts of pupils that are affected by the proposed admission arrangements.

In the Census 2021 it was revealed that Brighton & Hove’s population profile had fewer children & young people aged 0 to 19 (20.5%) compared to the South East (23.1%) and England (23.1%). There was a 22% drop in children aged 0-4 living in the city in the 2021 census compared to the 2011 census.

Future or newborn children could be affected with an older sibling changing school as it could affect where they go to school and may impact on parents’ decisions about which schools to apply for.

Staff who are new parents may find it difficult to get flexible working arrangements agreed at a new school.

Parents/carers who are pregnant or on maternity leave may find it difficult to get older children to school.

Families have reported concerned about travelling to a new school with young pre-school children or when pregnant.

Reducing PAN at some schools may mean longer travel times for some families.

Pregnant people could find it harder to access different schools if they are larger distances from their home.

There needs to be sufficient places within a reasonable distance from families where there is a pregnant adult or an adult on maternity leave.

Consideration needs to be given to ensuring that there are enough school places within a reasonable distance from families where there is a pregnant adult or an adult on maternity leave.

We will work with the schools to accommodate any bespoke needs and provide support to all those where we are aware that their circumstances mean that they require additional support.

HR advice can be provided for pregnant school staff.

The risk assessment tool is available to support pregnant staff.

Race/ethnicity[17]

Including migrants, refugees and asylum seekers

The data available for pre-school pupils indicates an increased percentage of Black and Racially Minoritised children for the city in general.

There is no comprehensive race/ethnicity data available for the cohort due to start school in September 2025.

In January 2023, 30% (9,469) of pupils in Brighton & Hove schools who supplied their data identified as an ethnicity category other than White British. This is an increase of 377 pupils since January 2022. The national figure is higher, at 34.5% of pupils.

33% of late school applications were submitted by Black and Racially Minoritised families and for a further 19% there is no ethnicity information.

76.4% of Black and Racially Minoritised families who applied received their first preference school compared to 82% of white British families.

In January 2023, for the cohort joining Secondary school in Sept 2025, 32% of pupils were identified as an ethnicity category other than White British.

32% of children eligible for Free School Meals identified as an ethnicity category other than White British.

Regarding adults, from the consultation, 22.6% of those who responded by providing details identified as other than white British and 77.4% identified as white British. 380 respondents did not answer this question or did not want to specify their ethnicity, this is approximately 25% of the consultation responders.

There were no formal requests for consultation documentation in alternative formats.

There are concerns about pupils’ exposure to racism on journeys to and from school. This could be exacerbated by pupils eligible for FSM being allocated places at schools outside of their catchment area.

In some allocation years a higher percentage of pupils from Black and Racially Minoritised communities apply late or are directed to a school that was not a preference.

Children who have experienced racism may need additional support to settle into a new school if they are unable to be placed with their friends because of a reduction in PAN at a preferred school.

Important to ensure that there are some surplus places in each planning area so there are local school places available for any late applicants and to accommodate pupils who can’t secure a place at their preferred school due to the distance tie break.

All schools are expected to deliver a rich curriculum suitable to all pupils who attend the school. Schools are expected to celebrate the experiences of families in the city and from other areas. We expect the school's to demonstrate understanding of lived experiences of migrants and asylum seekers, and we are committed to supporting schools in further developing their understanding and making reasonable adjustments to ensure curriculum is accessible to all.

Migrants, refugees, asylum seekers and traveller children requiring places outside the usual admission rounds and unable to secure a place at their preferred school can be placed through the fair access protocol.

If children or parents/carers indicate that they are experiencing discrimination, there will be signposting in place to ensure that they have the relevant support that they need or access to a relevant discriminatory community group that they can contact for additional assistance.

Anti-Racist Education Strategy" that is now in its third year. There includes a comprehensive package of training and support available for schools. Where a school has not engaged yet in the full training offer, we can be proactive in offering this as a priority for all staff and provide additional support from our seconded team of teachers to ensure each setting is taking appropriate steps. Whilst we are not complacent, many of the schools well placed to take children are already engaging with the strategy and will have a foundation of knowledge and practice upon which we can build.

Religion or belief[18]

There are only Church of England and Catholic faith schools within the city. These schools can prioritise children of the faith above other children. A number of these schools do prioritise children of other faiths above children of no faith. None of the faith schools are proposing a reduction in PAN for September 2025, however there are currently proposals being consulted upon to close a church aided primary school in the city.

22% of first preference applications for September 2023 were for church aided schools and 78% expressed a first preference for secular schools.

There is little information on this. Some parents will seek a secular education for their child whilst others will want their children taught in line with their religious belief.

65.3% of responders to the consultation indicated they have no particular religious belief or preferred not to say. 11.8% of all responders did not answer this question. 12.4% of those who did reply were Christian.

All schools identified for a reduction in PAN are community schools and this could potentially have a disproportionate impact on pupils with no faith.

Faith schools in the city are responsible for their own admission arrangements and the council cannot consult on changes to their PAN or the introduction of a criterion for Free School Meals.

The council will continue a dialogue with both Catholic and Anglican diocese about the part church schools can play in helping to reduce the number of surplus places in the city.

The council will need to ensure that there are sufficient secular school places available for all residents who require one within a reasonable distance.

All schools should ensure that appropriate cultural provisions are in place for families (i.e. multi-faith rooms, dietary requirements etc.).

Sex/Gender[19]

There are no single sex, maintained schools in the city. Admission arrangements do not take into consideration the gender of the child.

We are aware that parents/carers may be in situations where they are on maternity/paternity leave, are single parent families, and/or from same sex families or non-binary families. Their lived experience may mean they may not want to engage not have time or energy to engage with a school closure and the issues associated with it.

Additional burdens due to the cost of living could have disproportionate impacts on women due to the nature of their employment types and barriers to employment for those with sole childcare responsibilities.

There may be children that identify as non-binary.

Most staff working in schools will be women.

Regarding adults, 74.8% of responses who replied to this question were submitted by females and 24.4% by males. 21.6% of all responders to the consultation did not answer or preferred not to say.

We’ve primarily heard from women throughout the consultation where issues have been raised about places being available where parents have a preference for their child(ren) to attend.

This proposal could impact on women’s, with pre-school children, ability to seek employment if parental preferences are determined by how they would facilitate being in work.

If we are aware of any circumstances were individuals need support, we will ensure that this group is supported and that the school is also supported in using the school’s trans toolkit.

Have awareness of any socio-economic issues that will require further support with securing a school place.

Sexual orientation[20]

We have not yet identified any disproportionate impacts on this group because the data available about parents/children’s sexual orientation is inconclusive.

Regarding adults, 92.2% of the 247 respondents who provided details on their sexual orientation were submitted by heterosexual respondents. 7.3% by gay/lesbian or bisexual respondents. 32.9% of all respondents to the consultation preferred not to say or did not answer.

We are not aware of any identified disproportionate impacts because the data is not available. However, we are aware that discrimination against sexual orientation remains a prevalent issue.

If we are aware of any circumstances were individuals need support, we will ensure that this group is supported and that schools are also supported in guiding people through to resources and signposting support.

Voluntary sector organisations are available for support for children and families regarding their sexual orientation in the city.

Any staff processes such as staff redesign must not take this into account.

Marriage and civil partnership[21]

We have not yet identified any disproportionate impacts on this group because the data available about parent/carer marital or civil partnership status is inconclusive.

No data is collected on this matter.

This did not come up as an issue or consideration in the consultation.

There may be discrimination around civil partnerships and gay marriages and families may find it harder to access community resources in the school area and could experience discrimination.

Community Cohesion[22]

The schools identified in the consultation are mostly in different planning area serve different communities within in the city.

St Lukes Primary School has 14% of pupils within the 10% most deprived areas of Britain and 20% of pupils within the 20% most deprived areas of Britain.

The other schools within the proposals have 1% or less of pupils within the 10% most deprived areas of Britain and less the 5% (except Goldstone with 13%) of pupils within the 20% most deprived areas of Britain.

28% of pupils are currently eligible for Free School Meals for the cohort joining Secondary school in Sept 2025.

The free school meal (FSM) protections policy was introduced in 2018 to protect those eligible for FSM from becoming ineligible while Universal Credit (UC) is being rolled out. This means that a pupil who was FSM eligible on 1 April 2018, or who has become eligible under the benefits/low-earnings criteria since then, will continue to receive free meals, even if their household income exceeds the eligibility threshold, up until March 2025 and then until the end of their phase of education. This means that there will be pupils who are eligible for Free School Meals when they apply for a secondary school place but who may no-longer be eligible when they actually start secondary school because they will have been re-assessed.

House prices surrounding popular schools can be inflated, due to increased demand on accommodation close to popular schools.

Parents from some socio-economic groups are better able to lobby and to instigate a cohesive community response to the proposals that may disproportionately influence the decision making about which schools will have their PAN reduced.

Some communities may not be adequately represented in public meetings or in the responses to the consultation.

Although introducing a priority for children eligible for Free School Meals will give parents of these pupils a realistic chance to be offered any community school in the city that they apply for. A parent’s choice could be limited by the cost of transport required getting to that school each day.

Children and Young people’s mental health can be affected by decisions about school places especially when placed away from their friendship group or support within the community.

Schools may not be able to afford the interventions, required to facilitate good community cohesion amongst pupils and families attending the school.

Can have an implication on the pupils offered a place at these schools as families who cannot afford to move close to oversubscribed schools are unable to obtain a place there.

Responses to this consultation need to be considered based on the content not just quantity of replies as some areas in the city due to the nature of the community will provide significantly more replies and in a variety of ways.

Parents of children eligible for Free School Meals, may not be able to afford to pay for the transport to get their children to their school of preference.

There may be children who are eligible to be allocated school places under the Free School Meals priority who are then re-assessed and no longer eligible when they start secondary school. These pupils won’t be considered under the extended entitlement for Home to School transport assistance.

Classroom and school dynamics may change resulting from changes in admission arrangements to schools.

Some families may struggle with informal childcare e.g. relying on friends and family members with children at the same school.

Schools unable to afford the interventions without statutory or similar processes being undertaken which would impact on the council’s own responsibilities and budgets.

Consideration of admission arrangements and tie break to remove advantage to families who are in the financial position to move close to popular schools in order to increase chance of obtaining a place.

Take consideration of the impact of any change in PAN may have on a school in relation to the composition of pupil cohorts and their families to promote a comprehensive education offer.

Clear information needs to be provided to parents about the Free School Meals priority and the council’s Home to School Transport policy so parents don’t apply for and get allocated a school place where transport costs would be too expensive for them.

Schools will need to have the ability to access support services to help mitigate the impact of community cohesion should proposed changes take effect.

Families with English as additional language

In January 2023, 15.5% (4,861) of Brighton & Hove pupils were exposed to a language other than English in their home. This is an increase of 263 pupils since January 2022, but lower than the latest national figure of 19.5%.

The percentage of pupils with English as an additional language varies across primary schools and planning areas.

In October 23, Brunswick Primary School have 30.4% of pupils where English is an additional language and families speaking 40 different languages. Goldstone Primary School have 10.9% of pupils where English is an additional language and families speaking 16 different languages. Patcham Infant School have 4.1% of pupils where English is an additional language and families speaking 11 different languages. Saltdean Primary School have 10.4% of pupils where English is an additional language and families speaking 25 different languages. St Luke’s Primary School have 9% of pupils where English is an additional language and families speaking 20 different languages. Stanford Infant School have 11.7% of pupils where English is an additional language and families speaking 12 different languages.

There is relatively high deprivation amongst many of the families with English as additional language.

In January 2023, 17% of children eligible for Free School Meals in the city have English as additional language.

There is little information on this. However, we are aware of the level of consultation responses of those who are identified as other than white British. It is also considered likely that families with English as an additional language and those from Black and Racially Minoritised may struggle to understand the detail and implication of the proposed changes to the admission arrangements in the city.

Schools may not have sufficient economies of scale to provide additional support to those pupils who have English as an additional language. This may limit the progress pupils can make should they not have access to interventions.

Families with pupils who have English as an additional language are proportionally more likely to apply late which significantly reduces their change of being offered a place at an oversubscribed school.

The higher number of families with English as an additional language applying late could be contributed to several factors such as these families moving into the city outside the cut off dates for the main admission rounds. This could be due to these families are not being aware of when to apply for school places as they are less likely to understand the promotional information distributed for parents.

Families may not comprehend the implication of the proposals or which year they take effect and be able to relate this to their own circumstances.

Interested parties from other race/ethnic groups could find it harder to access community resources in the new school area and could experience discrimination.

Important to ensure that there are still surplus places in each planning area so late applicants and pupils moving mid-year can be offered a place at a local school.

This is particularly important for schools in areas with a high proportion of these pupils.

Greater emphasis needs to be made to reach these families and make them aware of the school admissions applications process. This group may be unaware of the school admissions timescale, so additional steps would be taken to engage these families with this consultation.

Continue to work with EMAS to increase engagement with the admissions process for families with English as an additional language.

Other relevant groups

Children in Care and Care Experienced Young People

That Children in Care and Care Experienced Young People are likely to face discrimination.

Across the city, there are 332 children and young people in care, and 381 children and young people previously in care.

41% of 19-21 year old care leavers are not in education, employment or training, compared to 12% of other young people the same age.

There are 66% with SEND and 35% have an EHCP, compared to 12% of the general population. 50% of children and young people in care have a diagnosable mental health condition.

Brighton & Hove City Council have adopted Children in Care and Care Experienced Young People as a protected characteristic. As Corporate Parent, there is a collective responsibility and demonstrable commitment to ensure that children and young people with care experience are enabled to have the same opportunities as any other child or young person.

1.9% of responders who provided information have been a Child in Care or Care Experienced Young person. 90.1% had not and 8.0% preferred not to say.

Schools may not have sufficient economies of scale to provide additional support to those pupils who have previous care experience. This may limit the progress pupils can make should they have access to interventions.

We need to ensure that the profile of children and young people accessing school places are not discriminated against and can access school provision.

We recognise that care experienced children are likely to have experienced trauma and the school admission process could reignite those negative feelings depending on the outcome of allocations of pupils with lower priority.

It can be expected that parents who were themselves care experienced may also re-experience the trauma that was present earlier in their lives.

Brighton & Hove City Council have adopted Children in Care and Care Experienced as a protected characteristic.

Children in care and previously looked after children have the top admission priority when applying for school places.

The virtual school has a responsibility to support children in care and those known to a social worker.

Cumulative impact[23]

A range of steps were taken to enable people to engage with the consultation process. Information from the online consultation events was available after the event.

The lived experience of many families may mean they may not want to engage not have time or energy to engage with a consultation to change admission arrangements or school’s PANs and the issues associated with it.

We are aware that there will be people who may be impacted because of multiple protected characteristics. Multi layered impacts on certain people may exist which could severely impact their ability, desire, or access to engage with the consultation.

The lived experience of many families may mean they may not want to engage not have time or energy to engage with a school closure and the issues associated with it.

The Council has heard from families who have reported they will be negatively impacted and disadvantaged by the reduction in places at certain primary schools and concerns about the potential impact of a new FSM category for secondary aged pupils. closure of the school.

Families may fear discrimination throughout the application process to secure a new school place.

A school move for those who have added socio-economic issues may add an extra layer of stress to those families.

Children and families may not receive the same support in a setting if its PAN has been adjusted or the cohort of pupils changes significantly.

The Council will ensure there are sufficient places for all pupils so that a reasonable offer can be made.

For those having to travel greater distance consideration of support for transport assistance will be made in line with the current policy on Home to School transport.

Statutory services will need to be available to support schools whose only deliverables are impacted by a change in economies of scale.

Schools need to be aware of the impact on children and young people’s mental health when not educated as part of their own community.

Assessment of overall impacts and any further recommendations[24]

Reducing the number of surplus school places is necessary to safeguard the whole family of schools in the city and to protect schools from financial difficulties as pupil numbers reduce. Without a continued reduction in school places to match dropping pupil numbers there is the real possibility that some schools become unable to operate in a financially efficient way with implications for the quality of education provided and the Council’s own budget.

By not reducing the number of surplus places in the city in the longer-term school occupancy rates will not increase meaning that school budgets will remain lower and this may make more schools less viable. As schools are more likely to be able to balance their budgets if operating with full, or close to full, forms of entry.

A higher percentage of late applications are for children from ethnic minorities and children with English as an additional language although the numbers are small. Late applications for oversubscribed schools are less likely to be offered a place. To minimise the impact on these families of applying late more needs to be done to reach these families when reminding parents to apply for their child’s school place.

In considering the proposals it is important for the Council to ensure that there are sufficient school places in all areas of the city for all pupils to be able to attend a local school.

Staff could be at risk of being made redundant if a school is required to re-organise to educate a smaller cohort of children. Where staff have needs around protected characterises, the employer will need to ensure additional steps and support are taken where necessary.

Schools will need to work together to support families and children whose school place is not with their friendship group or those considered part of their community. This is particularly relevant where English is an additional language and for Black and Racially Minoritised families.

The Council recognises that whilst the consultation reached many, there will be some the Council has not heard from directly.

The Council is proposing to reduce the Published Admission Number of 6 schools to reduce the number of unfilled places across the city. After consideration of the responses to the consultation, the Council is not proposing to reduce the PAN of: Queen’s Park Primary School, Rudyard Kipling Primary School or Woodingdean Primary School.

The Council is also proposing to introduce a new admission priority in its secondary school arrangements for pupils who qualify for Free School Meals.

It is forecast that pupil numbers will continue to fall until, at least, 2027 with the estimated number of children needing a starting school place reducing from 1970 in 2025 to 1787 in 2027. As a result, the Council is seeking to reduce the number of unfilled places across the city. It is doing so in full knowledge that the Schools Adjudicator may overturn individual decisions on appeal, as a result of their need to consider the role of parental preference. However, the Council is seeking to signal clear intent to seek to protect the wide range of schools in the city and ensure the availability of school places to all communities in the city.

Any objection will be robustly defended and the Adjudicator’s attention will be drawn to the fact that the Council is continuing to propose the closure of two one form entry primary schools and 33 out of 61 schools are forecasting a deficit position at the end of the financial year.

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

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

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

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

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

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

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

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

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

[2]Our duties in the Equality Act 2010

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

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

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

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

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

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

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

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

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

- Tackle prejudice

- Promote understanding

[3] EIAs are always proportionate to:

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

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

[4] When to complete an EIA:

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

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

Do you need to complete an EIA? Consider:

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

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

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

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

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

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

This section should explain what you are assessing:

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

[9] 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?[9]

· 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.

[10] 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.

[11] 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?

[12] 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.

[13] Age: People of all ages

[14] 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.

[15] 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

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

[17] 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.

[18] 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.

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

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

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

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

[23] 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

[24] 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?

[25] 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.

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)
October 2023 school census	October 2023	Census does not cover all protected characteristics – some data is from the fuller January
Admissions consultation sought views through the council’s consultation portal and themes identified in series of virtual public meetings.	7/11/2023 – 22/12/2023	Equalities monitoring questions relating to marriage or Civil partnership were not asked.
Infant & Primary school allocation data	September 2023

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 all actions identified by grouping in this EIA are fulfilled, especially those supporting under-represented and minoritised groups of families, children and staff for instance actions identified for reaching migrant, asylum seeker, those who are Gypsy, Roma, Travellers, Black and Racially Minoritised and those with English as an additional language.	Improved communication that is more far-reaching coupled with appropriate outreach and proportionate and planned targeted community engagement.	Consultation and engagement is planned and reaches diverse and under-represented and Minoritised communities intersectionally – report and internal monitoring to be conducted successfully.	For September 2025
Parents with disabled children or have a disability themselves may not be able to travel a distance to take their child to a school place	There needs to be sufficient places within a reasonable distance of families including those families who have someone with a disability living with them.	All families able to access a school within a reasonable distance	All families able to access a school within a reasonable distance	For September 2025
In some allocation years a higher percentage of pupils from Black and racially Minoritised families apply late or are directed to a school that was not a preference.	Important to ensure that there are some surplus places in each planning area so there are local school places available for any late applicants and to accommodate pupils who can’t secure a place at their preferred school due to the distance tie break. Continue to work with EMAS to increase engagement with the admissions process for families with English as an additional language.	Reduce any disadvantage for this group when applying for school places.	Increase in percentage of these pupils receiving a school of preference.	For September 2025
All schools identified for a reduction in PAN are community schools and this could potentially have a disproportionate impact on pupils with no faith. (although a church aided school has been proposed for closure subject to consultation)	The Council will need to ensure that where PANs are reduced there are sufficient secular school places for the number of pupils in these areas.	Sufficient secular school places for all families wanting this type of education.	Pupils are not directed to a voluntary aided school when this is not a preference.	For September 2025
Pupils with SEND in mainstream classes could have their provision affected by the proposals.	Ensure pupils with SEND are not adversely impacted by the reduction of PAN in any school. This will include considering if sufficient places are available in other schools in the city.	That all pupils continue to receive the support that they require.	That no pupil’s education provision is adversely affected by the changes in PAN.	For September 2025
There may be children who are eligible to be allocated school places under the Free School Meals priority who are then re-assessed and no longer eligible when they start secondary school. These pupils won’t be considered under the extended entitlement for home to school transport assistance.	Clear information needs to be provided to parents about the Free School Meals priority and the council’s Home to School Transport policy so parents don’t apply for and get allocated a school place where transport costs would be too expensive for them.	All families able to make informed choices in their school applications	That all pupils are able to access their allocated secondary school.	For September 2025