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Demonstrating due regard through policy and practice

Demonstrating due regard through policy and practice. Equality Challenge Unit and the Higher Education Equal Opportunities Network. Overview of the session. Context Due regard and policy and practice Tools for understanding effect of policies and practice Consideration of case law Activity

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Demonstrating due regard through policy and practice

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  1. Demonstrating due regard through policy and practice Equality Challenge Unit and the Higher Education Equal Opportunities Network

  2. Overview of the session • Context • Due regard and policy and practice • Tools for understanding effect of policies and practice • Consideration of case law • Activity • Next steps

  3. Context • On 17 March 2011 government announced proposals to remove requirements to: • undertake equality analysis of new and existing policies and practices from 06 April 2011 • to publish evidence of equality analysis undertaken from 06 April 2011 • to publish the information considered during equality analysis from 06 April 2011 (includes information from any engagement)

  4. Understanding the effect of policies and practice • ‘Under the requirements of the general duty to have ‘due regard’ to the matters set out in the Act, public bodies will need to understand the effect of their policies and practices on equality – this will involve looking at evidence, engaging with people, staff, service users and others and considering the effect of what they do on the whole community.’ (GEO, March 2011)

  5. What is meant by due regard? • Legal term • Comprises two elements: • Proportionality • Relevance • In all decisions and functions HEIs are required to give due weight to their obligations under the Equality Act in proportion to the relevance of their obligations to a particular decision or function. • ‘Due regard’ requires more than simply giving consideration to the Act.

  6. What is meant by policy and practice? • ‘... policies, practices, activities and decisions: essentially everything you do, whether it is formally written down or whether it is informal custom and practice.’ (EHRC, 2010)

  7. Proportionality and relevance • Relevance of policy to Equality Duty? • Relevance of policy to protected groups? • Relevance of policy to your HEI as employer, education provider and service provider • Has concern been voiced about policy or practice? • Does information indicate an adverse impact on a protected group?

  8. What is proposed? • Understand effect of policies and practices on general duty from July 2011. • Covers all protected characteristics

  9. What is different? • More equality areas covered • Emphasis on demonstrating due regard to the general duty • No prescribed process

  10. Tools for understanding the effect of policies and practice • ‘Equality analysis or impact assessment are ways of considering the effect on different groups protected from discrimination by the Equality Act. It involves using equality information, and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of your functions, policies or decisions.’ (EHRC, 2011)

  11. Consideration of case law • R (Chavda & Others) v London Borough of Harrow • Failure to carryout an EIA that gave proper and explicit consideration to disability given significance of policy change for hundreds of disabled people. • R (Kaur and Shah) v London Borough of Ealing • Emphasised importance of EIA before policy formulation. • Emphasis of need to document EIA

  12. Embedding into processes • Committee decision making • Reviews of services and functions • Risk management • Course evaluation and design • Planning

  13. EHRC recommended steps • Identify who is responsible for policy • Establishing relevance of policy/ies to your institution • Scope in relation to general duty • Analyse equality information in relation to general duty • Monitor and review policies • Decision making and publication

  14. Activity • How will you show due regard to the general duty in policy and practice development? • How will you get your senior managers and governors on board if the government proceeds with its proposals?

  15. Next steps • Prior to 05 April 2011 can evaluate existing processes for understanding effect of policies and practices: • Are they fit for purpose? • What other processes are relevant? • From 05 April 2011 ECU recommends HEIs start conducting equality analysis/impact assessment covering all protected characteristics. • ECU will provide further information on its website and through Equalitylink

  16. Questions

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