Transcript Equality and Human Rights Commission

Equality and Human Rights
Commission
Equality Impact Assessments with
effective outcomes
12th November 2010
Benefits of assessing equality impact
• Ensure that proposals to save money are
evidenced-based - accountability
• Consider the potential disproportionate impact
they might have on staff and service users from
different equality groups and consider mitigating
actions - fairness
• Ensure staff and service users’ views have been
taken into account – transparency
• In sum it is not only about complying with the
law, it is also about Good Government
Benefits of using an EIA approach
• We recommend for public authorities to use the
Equality Impact Assessment approach for 2 main
reasons:
• Systematic approach to ensure accountability,
transparency and fairness in decision-making
process
• Written record of equality considerations
What do robust EIAs look like?
• What is the proposal about and why is it needed?
• Is there sufficient data/evidence to assess the
impact the proposal might have?
 Has baseline been established?
 Clarity of users?
 What are the gaps?
• Did consultation/involvement take place and did
this inform the proposal?


Has consultation taken place?
How has this been reflected?
What do robust EIAs look like?
• Does it demonstrate the actual/likely impact the
proposal might have?
 Whole workforce approach
 Whole services approach
What do robust assessments look like?
• Does it address the impact?
 4 possible outcomes
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•
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Outcome 1: No major change
Outcome 2: Adjust the policy
Outcome 3: Continue the policy despite potential for
adverse impact or missed opportunities to promote
equality been identified
Outcome 4: Stop and remove the policy: the policy
shows actual or potential unlawful discrimination.
Does the assessment clearly identify the option(s)
chosen and document the reasons for this?
What do robust EIAs look like?
• Has an action plan been developed?
• Are arrangements in place to monitor and
review the actual impact?
• Is there a plan to publish the assessments?
Relevant Case Law
• Cuts to welfare rights and advice
services/DED/GED/RED
• Meany & Ors, R (on the application of) v
Harlow District Council [2009] EWHC 559
(Admin) (09 March 2009
Relevant Case Law
• R (Chavda and others) v London Borough of
Harrow [2007] EWHC 3064 (Admin) – the
importance of taking Public Sector Equality
Duties into account
• R (Kaur) v London Borough of Ealing [2008]
EWHC 2062 (Admin) – the need to impact
assess before making a decision. Southall
Black Sisters (SBS) provides specialist
services to Asian and Black Caribbean
women, particularly in relation to domestic
violence issues.
Best practice example
Restructuring a University students support services –
‘Doing more for less’
• Evidence-based – data analysis and survey – data
analysis on services used by which category of
students
• Consultation with students to assess satisfaction
level and get their views on the proposal for
restructuring
• Potential impact on students assessed – whole
service approach
• Potential negative impact addressed
• Action planning & arrangements for monitoring and
reviewing actual impact and mitigating actions
Equality duties
• General duties: eliminate discrimination and harassment
and promote race, gender (incl gender reassignment) and
disability equality
• ‘Due regard’ & assessing the equality impact of policies,
procedures and practices as legal requirements
• By law an assessment must:
• contain sufficient information to enable the local
authority to show "due regard" to the equality duties in
its decision – making
• Identify methods for mitigating any adverse impact.
• Recommend that Public authorities should consider
the potential impact their decisions could have on
human rights.
• Equality Act 2010 & the new public sector duty
New public sector Equality Duty
• The new Equality Duty comes into force from
April 2011
• The duty covers seven equality groups, which are
defined as protected characteristics under the Act.
These are: age, disability, gender reassignment,
pregnancy and maternity, race, religion or belief, sex
and sexual orientation. The duty also covers
marriage or civil partnership status with regard to
unlawful discrimination
New public sector Equality Duty
(cont.)
• General duty: Eliminate unlawful
discrimination, harassment and victimisation
and other conduct prohibited by the Act.
Advance equality of opportunity between
people from different groups. Foster good
relations between different groups
• The Government is currently consulting on the
specific duties (Consultation period is until
10th November 2010)
New public sector Equality Duty
(cont.)
• Under the specific duties, you are required
to include assessments of the impact of your
policies on equality within your published
equality data. You need to do this to be able
to demonstrate that you have complied with
the general equality duty.
Proposed guidance from the
Commission on the equality duty,
available January 2011:
• Essential guide to the public sector Equality Duty
• Collecting and using data for the public sector
Equality Duty
• Engagement with protected groups for the public
sector Equality Duty
• Assessing impact on equality for the public sector
Equality Duty
• Setting objectives for the public sector Equality
Duty
Equality Act Codes of Practice
• In line with our statutory powers, we are
producing Codes of Practice on employment;
services, public functions and associations;
and equal pay.
• The purpose of these Codes of Practice is to
explain the new statutory provisions of the
Equality Act
• The Codes set out clearly and precisely what
the legislation means. They draw on
precedent and case law and explain the
implications of every clause in technical
terms.
Equality Act Codes of Practice
• The Codes have been prepared in consultation
with stakeholders and were laid before
Parliament on 12 October 2010.
• The codes remain in draft form until such time
as they have laid before Parliament for forty
days without objection and the Government
makes the Order bringing them into force.
Background to the Spending Review
• Spending Review will have major implications on the
public sector and on particular groups amongst the
public
• Government committed to ensure cuts are made in a
fair, transparent and accountable way
• The Equality duties offer public bodies from all
sectors the tools to make such a commitment
reality.
Commission guidance to help
officials make fair financial decisions
• The legislation requires that government
departments and local authorities have
what's called 'due regard' to the need to
eliminate discrimination and promote
equality with regard to race, disability and
gender as well as promote good relations,
in particular tackle prejudice and promote
understanding.
Commission guidance to help
officials make fair financial
decisions (cont.)
• When this is applied in practice, it means
that they must assess the equality impact of
proposed changes to policies, procedures or
practices, such as decisions which result
from a desire to make savings.
• This could include decisions such as
reorganisations and relocations,
redundancies and service reductions
programmes.
Commission work in this area
• Communicating with Equality Ministers, Secretaries of
State and Permanent Secretaries of all Departments
• Delivering workshops with GEO in July targeted at DGlevel Finance Directors in Gov Dpts
• Publishing guidance targeted at practitioners as well as
decision-makers
• Launching a interactive platform to support
stakeholders with relevant information [FAQs, relevant
case law and best practice examples]
http://equalityhumanrights.com/financialdecisions
• Participating in events to disseminate information on
how to use the duties to make fair financial decisions
How fair Is Britain?, the most
comprehensive compilation of
evidence on discrimination and
disadvantage ever compiled in
Britain.
How fair is Britain?
http://www.equalityhumanrights.com/keyprojects/triennial-review/video-overview/
‘Building a society built on fairness
and respect where
people are confident in all aspects
of their diversity.’