Equality Impact Assessments

1. Equality Impact Assessments Rebecca Veazey Women’s Resource Centre

2. Objectives of the session • To enhance understanding of equalities legislation • Share experiences and concerns • Identify examples of best practice • Discuss practical issues

3. Understanding equalities legislation • The Equality Act 2010 does not use the term equality impact assessments. • Shift from 'equality impact assessment' to 'analysis of the effects on equality' • New emphasis on: • “The quality of the impact analysis and how it is used in decision-making, and less [focus] on the production of a document, which some may have taken to be an end in itself.” • Equality and Human Rights Commission (2012) Meeting the equality duty in policy and decision making

4. Understanding equalities legislation • What does this mean in real terms? • There is anemphasis upon outcomes rather than process • There is not a particular process that public authorities are expected to follow in respect of equalities analysis. • How does this differ from before? Gender Equality Duty (2007) Public authorities were required to assess how policies impacted on gender equality. Public Sector Equality Duty(2011) Public authorities must now comply with a general duty and specific duties (regulations).

5. Overview of the Equality Act 2010 Three Equality Duties  one Equality Duty Previously three separate duties disability race sex April 2011 April 2011 age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation. One duty under Equality Act 2010

6. Public Sector Equality DutyThe General Duty Public bodies must have due regard to… eliminate discrimination, harassment, and victimisation advance equality of opportunity between people from different groups foster good relations between people from different groups

7. Public Sector Equality DutySpecific Duties Public bodies must… Publish equality information at least annually Prepare and publish one or more equality objectives and review at least every four years

8. Meeting the equality duty in policy and decision making Public authorities are required to have due regard to the aims of the general equality duty when making decisions and when setting policies. Understanding the effect of their policies and practices on people with different protected characteristics.

9. Public Sector Equality DutySingle-sex services • “The Public SectorEquality Duty does not mean that single sex services should be cut, have funding withdrawn or that any new services should not be funded. Neither does it mean that services should necessarily be provided on the same scale for both men and women. • For example, because women make up the majority of victims of domestic violence and rape it may not be appropriate for a local council to fund or provide refuge services on an equal basis for men and for women.” • Equality and Human Rights Commission • (2012) FAQs on the equality duty

10. Public Sector Equality DutySingle-sex services • According to EHRC guidance, an organisation is allowed to provide single-sex services where this is objectively justified and: • “only men or only women require the service, or • if there is joint provision for both sexes but that it isn’t effective enough if only a joint service is provided, or • if the service were provided for men and women jointly, it would not be as effective and the extent to which each sex requires the service makes it not reasonably practicable to provide separate services for each sex, or • the services are provided in a hospital or other place where users need special attention (or in parts of such an establishment), or • the services may be used by more than one person at the same time and a woman might reasonably object to the presence of a man (or vice versa), or • the services may involve physical contact between a user and someone else and that other person may reasonably object if the user is of the opposite sex.” • -Equality and Human Rights Commission (2012)Services for particular groups

11. Meeting the equality duty in policy and decision making According to guidance from the Equality and Human Rights Commission public bodies should: • Gather information • Analyse impact • Identify different needs • Engage relevant stakeholders • Document findings and decisions • Publish findings and decisions • Monitor impact and review their policies

12. The Public Sector Equality Duty places a strong emphasis on accountability and transparency but there is limited capacity for enforcement. The Equality Act gives certain powers to the Equality and Human Rights Commission (EHRC) for monitoring and ensuring compliance with the specific duties but it is currently in the process of reform: “As our resources decrease, we will need to increasingly rely on those on the frontline to scrutinise the performance of organisations and service providers.” -EHRC, 2012 Consultation on the Equality and Human Rights Commission Strategic Plan Phase One Issues regarding guidance and enforcement

13. What can you do? Organisations can challenge a public body’s performance on equalities issues by: Asking to see the relevant public body’s equality information relating to the characteristic/s relevant to your organisation Assessing the information to see if it adequately demonstrates how their policies and practices further the aims of the general equality duty Using the Duty to challenge gender-neutral approaches – the duty permits the use of positive action to meet the needs of specific groups. Contacting the EHRC helpline to lodge a complaint or the Public Law Project (regarding the possibility of Judicial Review). Issues regarding guidance and enforcement

14. Talking points • What are the key issues you have faced when engaging with public bodies on equalities issues? • What, if any, were the key problems you encountered and how can these be overcome?

15. Do you have examples of best practice by public bodies in respect of equalities issues? How do you think voluntary organisations can work collectively to challenge and change poor practice on equalities issues? Discussion points

16. Useful resources and contacts EDF equality duty training materials: http://www.edf.org.uk/blog/?p=16341 Equality and Human Rights Commission guide on meeting the equality duty in policy and decision making: http://www.equalityhumanrights.com/uploaded_files/Equali yAct/PSED/policy_and_dm_guide_update.doc WRC guide on making the case for women-only services: http://www.wrc.org.uk/includes/documents/cm_docs/2011 m/making_the_case_for_women_only_july2011.pdf Equality and Human Rights Commission helpline-England Telephone: 0845 604 6610 Email: englandhelpline@equalityhumanrights.com Next steps

17. Contact: Rebecca Veazey, Policy Officer Women’s Resource Centre Ground Floor East 33-41 Dallington Street London EC1V 0BB rebecca@wrc.org.uk www.wrc.org.uk