Name of strategy, policy, service or other : Legal Services. Person(s) or team(s) responsible for delivery of above: Legal Services

Transcription

1 Equalities Impact Assessment Part 1: Quick Screening Tool FIRST DRAFT for discussion This tool is designed to offer a quick screening approach to your project, service or strategy. Please see guidance for further information. Directorate: Corporate Resources Service: Legal Services Lead Impact Assessor: Jayne Butters Name of strategy, policy, service or other : Legal Services Person(s) or team(s) responsible for delivery of above: Legal Services 1. What is the purpose of the item? Please describe: To provide specialist advice and legal support to the elected Members and the Council Directorates. To represent the Council at court and/or tribunals. To draft legal documentation in relation to land/property transactions, contracts and planning matters. To provide legal advice to elected Members on regulatory committees. To perform the role of the Council s Statutory Monitoring Officer by ensuring that Standards Committee carry out its role effectively including consideration of any questions of non-compliance with the members Code of Conduct and ensuring that the Council sets and meets corporate governance standards in its decision making. 2. Who will benefit/be affected and how? Please describe: The work of Legal Services directly and indirectly benefits the Council s Elected Members, Client Directorates and ultimately the community of Hastings. Legal work undertaken in relation to planning, property and contract work involves dealings with commercial and professional parties not normally resident in the local area. Enforcement and litigation work normally involves the community of Hastings. The Socio-Economic profile of Hastings is provided as appendix A 3. Does the item fit with the Council s priorities? Please describe: Yes the work of Legal Services ensures that the Council meets its statutory responsibilities. However, the work of Legal Services particularly supports and furthers the five corporate priorities for 2010/11: Working closely with our partners to make the town clean, safe and more sustainable. Making sure we re efficient, customer focused and a good organisation to work for.

2 Promoting equality and an inclusive, supportive community. Tackling climate change and making Hastings more environmentally sustainable Doing everything we can to soften the impact of the economic downturn on the town s economy and residents lives. How? 1. (i) Prepare draft contracts, on full instructions, when the Council has applied for grant funding and to further regeneration projects. (ii) Prepare compulsory purchase orders to support the Councils Empty Home Strategy (ii) Prepare prosecutions, in line with Performance Indicators, in regard to non-compliance with Building Regulations. 2. (i) Attend Matt meetings and provide legal support to the Safer Hastings Partnership on Anti-Social Behaviour. Draft Anti-Social Behaviour Orders and apply for them at Hastings Magistrates Court. (ii) Prepare prosecutions in line with Performance Indicators in regard to Litter, Dog Fouling and Food Safety. (iii) Draft the Legal Documents to declare Nature Reserves 3. (i) Adhere to the Legal s Services Improvement Plan. (ii) Comply with the Council s mandatory statutory duties. 4. (i) Improving our understanding of different groups living in the local community by attending equalities training and ensuring that elected members receive this training. (ii) Comply with the Council s Corporate Equalities Policy 5. Tackling climate change is an objective within Strategic Priority 5 Plan for the Future 4. Does the item help to achieve the aims of the Equalities Scheme? Please describe: Hastings Borough Council s Race, Gender and Discrimination, Equalities Schemes are now combined into a single Equalities Scheme. The findings of this impact assessment will contribute to the themes and priorities of the new single equalities scheme.

3 Equalities Relevance Testing Tool When considering whether there would be a negative impact, you should consider the following: If the item could potentially discriminate unlawfully against any group If any group could be denied fair and equal treatment If it could actively promote good relations between different groups If it could promote equality of opportunity If there have been any concern or complaints expressed about the item (or similar items elsewhere) having a negative impact Group Disabilit y Likeliho od of negative effect Impact of one negativ e effectiv e Overall assess ment rating Describe potential and actual impacts (show your thought process) Low Low Low Good and safe access to the Bank Buildings and Town Hall is essential as disabled elected Members, Clients and visitors will require easy access. Legal Services in its processes, procedures discriminated against because of their disability Gender Low Low Low Legal Services in its processes, procedures discriminated against because of their gender. Sexual Orientati on Low Low Low Legal Services in its processes, procedures discriminated against because of their sexual orientation. Race Low Low Low Legal Services in its processes, procedures discriminated against because of their race. Religion/ belief Low Low Low Legal Services in its processes, procedures

4 discriminated against because of their religious beliefs. Age Low Low Low Legal Services in its processes and procedures and practices ensure to promote and deliver equal treatment of all its employees, Clients and defendants so that no one is discriminated because of their age. Social and economi c exclusio n Transge nder Low Low Low Legal Services in its processes, procedures discriminated against because of their social or economic position. Low Low Low Legal Services in its processes, procedures discriminated against because of their gender.

5 Equalities Impact Assessment Part 2: This section will be completed as part of the impact assessment workshop. Lead Impact Assessor: Jayne Butters Borough Solicitors and Monitoring Officer Other Impact Assessors: Name of strategy, policy, project, service or other : Legal Services Evidence List Please list the information you have looked at during this process (i.e. Census): Council s Corporate Plan Legal Services Service Delivery Plan Council sonstitution Financial Rules and Financial Operating Procedures Human Rights Act 1998 and Data Protection Act 1998 Code of Conduct for Crown Prosecutors Corporate Procurement Policy and Corporate Guidance on Equality and Diversity for Service Managers Council s Graduated Enforcement Policies Enforcement Concordat Equalities Act 2010 Were there any evidence gaps? No There was access to a great deal of written information. The evidence demonstrated that decisions were made equitably, based on reliable evidence and in line with the Council s Constitution. How were these resolved? N/A Barriers and Solutions To be completed following the barriers and solutions exercise. Existing Barriers List existing barriers and their solutions here: Group (i.e., Women) Barrier Solution

6 Disability None N/A Gender None N/A Sexual orientation None N/A Race (National origin) Language difficulties Availability of an appropriate translation service Age Social inclusion Religion and beliefs Applications for Anti- Social Behaviour Orders have been brought against young people. It is likely that most prosecutions are brought against persons from a lower socioeconomic group None Possible Barriers List possible barriers, their likelihood and solutions here: Working with Social Services and the Youth Opportunity Team to ensure that the offender is given the most support possible to address their specific issues. The application of the Crown Code for Prosecutors and the Council s own graduated enforcement policies Group Barrier Likelihood Solution Race (National origin) Language difficulties Low Availability of appropriate translation service Scenario Planning To be completed following the scenario planning exercise. Note:- At Monthly Legal Team discussion of Equalities issues have not highlighted any medium or high level negative impacts, it is considered appropriate to not carry out a scenario planning exercise. Group Current Possible Future Likelihood Solution Equalities Impact Assessment part 3: Consultation Consultation on Equalities Impact Assessment should be proportional to the relevance and scale of the assessment.

7 Please attach a summary of consultation feedback here: consideration was given to a separate internal consultation on the Equality and Diversity Monitoring in relation to the provision of Legal Services. This was deemed unnecessary as Legal Services being a support service complies with the legislative requirements and the client Directorates have or will take Equalities issues into consideration in their own Service Directorate s EIA. The recent review of Legal Services and a comprehensive client consultation has not highlighted any Equalities issues that need to be dealt with. Equalities Impact Assessment part 4: Further questions Based on the findings of the Equalities Impact Assessment and its workshop: N/A Were any changes made as a result of the workshop or consultation? Please describe: Type answer here: N/A Does the item now promote equality of opportunity? Please describe: Yes. This does give an opportunity to Legal Service s Clients to demonstrate their understanding of equality issues particularly in relation to the interaction with the Service. As a result of Legal Services EIA and the EIA of its Client Directorates both Legal and Directorate staff will be more confident in dealing with the equalities issue. Does the item eliminate unlawful discrimination? Please describe: It is considered that it alleviates the potential problems on equality issues at an early stage in legal advice and guidance to the client Directorates and subsequently at a court/tribunal. Are there any groups which would now be adversely affected by the item or experience barriers to full benefit? Please describe: Unaware of any. Does the item promote positive relations between different groups of people? Please describe: N/A. This documentation applies primarily to managers and Directorate Client Officers to assist them in the process of seeking legal advice and guidance and the conduct of legal case work in compliance with the Equalities legislation. Equalities Impact Assessment Part 5 and 6: Action Planning and Sign Off Record SMART actions which have arisen as a result of the Equalities Impact Assessment in the table below:

8 # Action Lead Q1 Q2 Q3 Q4 Progress - N/a Signed off on By: Lead Assessor: Equalities Officer: Head of Service: Jayne Butters Directorate Equalities Group Chair Equalities Impact Assessment Part 7: Publication template Name of EQIA: Equality and Diversity monitoring in Legal Services Period: 01/10/10 to 31/04/13 Date signed off 30/09/10 by DEG: Lead assessors: Other None assessors: Data and The Council s Constitution research Legal Services Service Delivery Plan Socio-Economic Profile for Hastings Human Rights Act 1998 Data Protection Act 1998 Financial Rules and Financial Operating procedures Code of Conduct fro Crown Prosecutors Corporate Procurement Policy and Corporate Guidance on Equality and Diversity for Services managers Council Graduated Enforcement Policies Enforcement Concordat Consultationwho was consulted and how: Assessment of impact, outcomes and key follow up actions: Name and contact details of delivering Equalities Act 2010 N/a There are no key impacts identified Jayne Butters Jbutters@hastings.gov.uk

9 officer: For a full report contact: See above