GUIDANCE ON EQUALITY IMPACT ASSESSMENTS

Transcription

1 GUIDANCE ON EQUALITY IMPACT ASSESSMENTS

2 1. EQUALITY IMPACT ASSESSMENTS: CONTEXT AND RATIONALE What are Equality Impact Assessments (EIA)? EIAs is a process to ensure that any adverse or negative impact is identified and addressed when making strategic decisions, operational decisions, policies, and procedures They are: A means of quality control and review Outcome-driven, not process-driven Most effective when incorporated into existing development and review mechanisms Why are Equality Impact Assessments necessary? EIAs help us understand how policies and procedures operate in practice They provide valuable information that can be used to tailor functions and services to the needs of a diverse staff and student population They demonstrate to the University and stakeholders (Court, JCC etc) how equality and diversity are embedded in our strategies and day to day activities They complement other forms of review and quality assurance They highlight positive impact and good practice They are a requirement of the Public Sector Equality Duty of the Equality Act 2010, which places a duty on the University to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations discrimination How are Equality Impact Assessments conducted? Who is responsible for Equality Impact Assessments? Step 1: Evidence Step 2: Assess impact Step 3: Act on results Step 4: Publish results Step 5: Monitor and review Policy owners, supported by: Senior management: To provide visible commitment in integrating equality impact assessment into visioning and action planning Staff who develop and implement policy or procedure: To provide understanding of policy or procedure People with protected characteristics: To provide understanding of impact of proposals Staff and student representatives: To provide staff and student perspectives Equality and diversity practitioners: To provide expertise on equality and diversity issues 2

3 2. EQUALITY IMPACT ASSESSMENT: 5 STEPS EIA step 1 Questions for consideration Examples Consider relevant evidence relating to people who share a protected characteristic 1 What does evidence demonstrate about positive/neutral/negative impacts for different protected characteristic groups? Management information data Staff surveys Student surveys Programme evaluations Committee minutes Consultation exercises Feedback and complaints Observations and anecdotes EIA step 2 Questions for consideration Examples Assess the impact of applying the policy/procedure/ decision What potential positive/neutral/negative impacts can be identified? Does the policy/procedure/ decision take account of the needs of people with different protected characteristics? How is this demonstrated? Does it affect some groups differently? Is this proportionate? The policy/procedure/decision treats a person less favourably because of a protected characteristic The policy/procedure/decision has a higher proportion of complaints from a particular protected group compared to the general population The policy/procedure/decision is key to promoting equality The policy is of strategic importance 1 Appendix 1 describes the Equality Act 2010 s 9 protected characteristics 3

4 EIA step 1 and step 2: Quantitative and qualitative data will need to be collected and analysed to understand more about the impact of the policy/procedure/decision. For example, does data suggest that a policy presents a barrier to female staff, or disabled students? Does staff or student survey feedback indicate that black and minority ethnic respondents have a lower rate of satisfaction with a service or facility? The data analysed should include information gathered during consultation and involvement exercises. Sometimes the University will not have sufficient data to identify the likely impact of a policy/procedure/decision, in which case research and external data can be used. Where no information is available, the University should closely monitor the implementation of the policy/procedure/decision. EIA step 3 Questions for consideration Examples Act on the results of the assessment What action will be taken to address negative/promote positive impact? How will you ensure there is/will be no unlawful discrimination? How is/will equality of opportunity be advanced? How are/will good relations be fostered? A judgement on the policy/procedure/decision is made based factual information and evidence The policy/procedure/decision is stopped or reviewed and changed. EIA step 3: Where a policy is found to have either a positive or negative impact on a particular group it will need to be revised or justified within the permits of the law. For example, if the University uses admissions tests for particular subject areas and they are found to impact negatively on the admission rate of black and minority ethnic applicants, can the continued use of the tests be justified and, if not, what alternative data is available to improve the selection of applicants? Where such tests are found to have a positive impact on equality, can they be used in other subject areas? 4

5 EIA step 4 Questions for consideration Examples Publish the results of the assessment How will the outcome be communicated? Where and when will the outcome be published? Website Newsletters Management group meetings Committees EIA step 4: The results of the impact assessment and an action plan need to be made publicly available. This ensures transparency and enables public authorities to share their findings, which can reduce workload through shared learning. The action plan should outline the actions that will be taken to mitigate adverse impact and state the staff members responsible for the implementation of actions. EIA step 5 Questions for consideration Examples Monitor and review the implementation of the policy/procedure/decision and its impact on equality How will the effectiveness of the actions be demonstrated? How will any potential changes in equality impact be monitored? Feedback is gained from people affected by the policy/procedure/decision Review is built into the regular annual review or reporting cycle of the policy/procedure/decision EIA step 5: Once the revised or new policy/procedure/decision has been implemented, it should be monitored and periodically reviewed to ensure that it has the intended impact and is still appropriate 5

6 3. CASE STUDY EXAMPLES Example 1: Eliminating discrimination EIA leads to changes in taxi licensing services, increased driver safety and better relations with drivers A review of feedback and complaints to the taxi and private hire licensing service of Bristol City Council identified a number of complaints from drivers who felt that they were not being treated fairly by the Council. The majority of drivers were from black and minority ethnic (BME) communities. It became clear there was a need for better communication with BME drivers and awareness-raising among drivers about the regulatory framework governing the trade. An analysis of the data revealed that there had been significant changes over the years in those applying for licenses: from white working class men to BME drivers, many of whom speak English as a second language. Officers realised they needed to be pro-active in explaining the rules and regulations regarding taxi / private hire licensing, recognising that BME drivers, in particular, were less likely to have access to this information through family/trade connections. Enforcement action against drivers brought before the Public Protection Committee negatively affected the drivers perception of the council, yet drivers needed to understand why the breaches had occurred and what their individual responsibilities were. The policy was revised as a result of the impact assessment to emphasise promotion and prevention. This led to the following actions: Accessible information was produced on rules and regulations Equality and diversity training was delivered for the Public Protection Committee members and enforcement officers Ethnic monitoring of drivers was introduced Improved support for drivers who experienced racial harassment. The service now reports fewer enforcement actions and there is increased trust from drivers. If they do come before the Committee, most drivers now accept that it is on the basis of sound evidence. 6

7 Example 2: Promoting equality of opportunity EIA helps fire service encourage applications from across the local community Hertfordshire Fire and Rescue Service recruits fire fighters once a year. The recruitment process has a number of stages a written application, psychometric tests, physical tests, a medical and an interview and it can take up to six months. The service carried out equality monitoring to identify patterns of progress through the recruitment process. This enabled the service to identify barriers to progress at each stage and to explore what can be done to redress them. For example, women disproportionately fail on upper body strength, and BME recruits disproportionately fail on written tests. As a result of this review, the service now holds positive action days before recruitment starts. On these days, potential recruits can test their strength and use simulators to experience working at height and in confined spaces. They have a chance to see and try out some of the written work that is involved. The focus of the day is to inspire and encourage applications. Some candidates will go away determined to build up strength to apply at a later date; others will be less stressed by the required written work after having had a chance to see what is involved. Others will understand that the service is not for them. These actions are constantly under review to ensure improved diversity amongst fire fighters in the service. Example 3: Fostering good relations Metropolitan Police use equality impact assessments to improve community relations during sensitive operations While considering its response to growing knife crime, the Met carried out an impact assessment which identified a high probable impact on black and minority ethnic communities of any action they might take. It was also aware that members of these communities were keen to see action taken. The impact assessment led to the development of an improved strategy to manage relations between officers and the community. This included: Increased community engagement and involvement in operational activities Members of the local community being part of street operations, leafleting, listening to local people, explaining police procedures Specific training for operational staff to improve the experience of stop and search for all concerned. It was particularly important to ensure those questioned felt they were being treated with respect and also that they understood the reasons for the police action. 7

8 4. GCU EQUALITY IMPACT ASSESSMENT TEMPLATE Name of policy/procedure/strategy: School/Directorate: Name of policy/procedure/strategy owner: Date of Assessment: 1. Briefly describe the aims, objectives and purpose of the policy/procedure/strategy. 2. What are the intended outcomes? 3. Who are the main stakeholders? (e.g. staff, students, visitors) 4. How does the policy/procedure/strategy take into account different needs and circumstances (e.g. Ethnicity: cultural sensitivities, plain English; Disability: Alternate/ accessible formats; Gender: inclusive to women and men; Sexual Orientation; Faith or Belief, religious practices; Age: needs of younger and older people)? 8

9 5. What is the likely impact on the general duty to have due regard to the need to eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act? E.g. Is there evidence to indicate that the policy may result in less favourable treatment for particular groups? 6. What is the likely impact on the general duty to have due regard to the need to advance equality of opportunity between people who share a protected characteristic and people who do not share it? E.g. Is there evidence to show that the policy helps to remove disadvantage or encourages the participation of particular groups? 7. What is the likely impact on the general duty to have due regard to the need to foster good relations between people who share a protected characteristic, or not? E.g. Is there evidence to illustrate that the policy helps to tackle prejudice or promote understanding? 9

10 8. How will any negative impact identified above be addressed? High: There is substantial evidence that people from different groups are (or could be) differently affected by the policy/procedure/decision (positively or negatively). 9. What is the overall impact rating? (Choose one rating) Medium: There is some evidence that people from different groups are (or could be) differently affected by the policy/procedure/decision (positively or negatively). Low: There is little or no evidence that some people from different groups are (or could be) differently affected by the policy/procedure/decision (positively or negatively). Unknown: No evidence or data has been collected therefore an assessment cannot be made. 10. How will the results of the equality impact assessment be published? 11. How will the implementation of the policy, procedure, strategy and its impact on equality be monitored and reviewed? 10

11 APPENDIX 1: DEFINITIONS OF PROTECTED CHARACTERISTICS The Equality Act 2010 protects people from discrimination and harassment based on protected characteristics. The protected characteristics are: Age: refers to a person belonging to a particular age (e.g. 32 year olds) or range of ages (e.g year olds). Disability: A person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities. Gender reassignment: The process of transitioning from one gender to another. Marriage and civil partnership: Marriage is defined as a 'union between a man and a woman'. Same-sex couples can have their relationships legally recognised as 'civil partnerships'. Civil partners must be treated the same as married couples on a wide range of legal matters. Pregnancy and maternity: Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding. Race: Refers to the protected characteristic of Race. It refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins. Religion and belief: Religion has the meaning usually given to it but belief includes religious and philosophical beliefs including lack of belief (e.g. Atheism). Generally, a belief should affect your life choices or the way you live for it to be included in the definition. Sex: A man or a woman. Sexual orientation: Whether a person's sexual attraction is towards their own sex, the opposite sex or to both sexes. 11