Equality Impact Assessment Policy

1.   Introduction

1.1 The Equality Act 2010 introduced the Public Sector Equality Duty. This requires all public bodies, including local authorities, to have due regard of the need to:

• Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.
• Advance equality of opportunity between people who share a protected characteristic and those who do not.
• Foster good relations between people who share a protected characteristic and those who do not.

1.2 An Equality Impact Assessment (EIA) is a way of systematically taking equal opportunities into consideration when making a decision.

1.3 Further, EIAs can be used to:

• Demonstrate the Council has due regard for the provisions of the Public Sector Equality Duty.
• Identify possible negative impacts of decisions on individuals and groups with protected characteristics and plan mitigating action accordingly.
• Identify additional opportunities to advance equality within policies, strategies, and services.
• Ensure some groups do not inadvertently receive different treatments or outcomes which causes a disadvantage.
• Ensure the Council is not acting in a discriminatory way.
• Increase public confidence in the services provided by the Council.

2.   Discrimination

2.1 Discrimination is where someone is treated less favourably or put at a disadvantage because of their protected characteristic.

2.2 The different groups covered by the Equality Act are referred to as protected characteristics:

• disability,
• gender reassignment,
• marriage or civil partnership status,
• pregnancy and maternity,
• race,
• religion or belief,
• sexual orientation,
• sex (gender)
• age.

2.3 Discrimination is usually unintended and can often remain undetected until there is a complaint. Improving or promoting equality is identifying ways to remove barriers and improve participation for people or groups with a protected characteristic.

3.   Consultation

3.1 When developing a new strategy or initiative, the Council may seek the views of people who share protected characteristics to find out how it is likely to affect them, and to use those views to inform their impact assessments and recommendations to Councillors.

3.2 Consultation can add evidence to an equality impact assessment but it also needs to be proportionate and relevant.

4.   Equality Impact Assessment

4.1 Macclesfield Town Council’s Equality Policy states that:

“We will undertake periodic Equality Impact Assessments to help us in assessing whether an existing or proposed policy, procedure, practice or service does (or may) affect people differently, and if so, whether it affects them in an adverse way and if so, what we can do to change it.”

4.2 Macclesfield Town Council is committed to promoting equality and participation in its activities. It believes that it is good practice when developing a new strategy, project or initiative to anticipate the likely effects it may have and to take steps to prevent or minimise any likely harmful effects especially on persons who share any of the characteristics that are protected under the Equality Act. This ensures that disadvantaged groups are not further disadvantaged by the strategies the Council adopts. It also ensures that Councillors are properly advised of the potential effects of proposals before they take decisions that affect people’s lives.

4.3 This policy will provide a framework for conducting an Equality Impact Assessment to meet its Public Sector Duty under the Equality Act 2010.

4.4 An impact assessment pro-forma needs to be completed when undertaking an analysis of the impact that a strategy, project or initiative may have on equality. The completed equality impact assessment should be stored in the ‘EIA’ share.

5.   Initial screening

5.1 The initial screening involves:

• Describing the purpose of the strategy/project/initiative.
• Documenting any known complaints or concerns.
• Documenting any additional known information or evidence.
• Assessing the impact of the strategy/project/initiative has on protected characteristics.
• Conclusion and signoff.

5.2 You should consider the following questions:

• Is there any evidence of or potential for unequal outcomes or disadvantage?
• Are there, or could there be barriers to accessing the service? E.g. language, physical access etc.
• Is there any evidence of unmet needs or potential that needs will not be met?
• Could the strategy/project/initiative encourage greater participation by a particular group or community where this is low?
• Could the strategy/project/initiative be developed to further foster good relations between different groups/communities?

6.   Full EIA

6.1 The full assessment includes:

• Identifying the key stakeholders.
• Consulting the stakeholders on the main findings and conclusions of the equality impact.
• Completing an action plan for reducing impacts.

6.2 The full EIA has four possible outcomes:

Outcome 1: No major change: the EIA demonstrates the strategy/project/initiative is robust and there is no potential for discrimination or adverse impact. All opportunities to promote equality have been taken.

Outcome 2: Adjust the strategy/project/initiative: the EIA identifies potential problems or missed opportunities. Adjust the strategy/project/initiative to remove barriers or better promote equality.

Outcome 3: Continue the strategy/project/initiative: the EIA identifies the potential for adverse impact or missed opportunities to promote equality. Clearly set out the justifications for continuing with it. The justification should be included in the EIA and must be in line with the duty to have due regard. For the most important relevant policies, compelling reasons will be needed.

Outcome 4: Stop and remove the strategy/project/initiative: the strategy/project/initiative shows actual or potential unlawful discrimination. It must be stopped and removed or changed.

Annex 1

Gender: In 2011, c. 49% of the Cheshire East population was male and 51% female.

Race: In 2011, 93.6% of Cheshire East residents were White British

Disability: In 2011, 7.9% of the Cheshire East population had a long-term health problem or disability.

Sexual Orientation: In 2011, the lesbian, gay, bisexual and transgender (LGBT) population in Cheshire East was estimated at 18,700, based on assumptions that 5-7% of the population are likely to be lesbian, gay or bisexual and 20 per 100,000 are likely to be transgender (The Lesbian & Gay Foundation).

Religion/Belief: In 2011, 68.9% of Cheshire East of Chesire East residents classed themselves as Christian, 0.07% as Sikh, 0.24% as Buddhist, 0.36% as Hindu, 0.16% as Jewish, 0.66% as Muslim, 0.29% as Other. 22.69% classed themselves as having no religion and 6.66% didn’t state a religion.

The data below is specifically for Macclesfield and was taken from the 2011 Census

White – includes English/Welsh/Scottish/Northern Irish/British; Irish; Other White

Gypsy – includes Gypsy or Irish Traveller

Mixed – includes White and Black Caribbean; White and Black African; White and Asian; Other Mixed

Asian – includes Indian; Pakistani; Bangladeshi;

Black – includes Black/African/Caribbean/Black British: African; Black/African/Caribbean/Black British: Caribbean; Black/African/Caribbean/Black British: Other Black

Other – includes Other ethnic group: Arab; Other ethnic group: Any other ethnic group