Fair and effective local governance

1. Equality and diversity:
Fair and effective local governance

2. Aims
• To gain an understanding of the Equality Act
2010 and the implications for councillors’
decision making
– Clarify what is meant by ‘equality’
– Appreciate the impact of discrimination on individual
health and wellbeing
– Understand the principles and purpose of equality
analysis (Equality Impact Assessment)
• To stimulate thinking about how to embed
equality and diversity into policy and practice

3. Why the Equality Act 2010?
• Gaps and anomalies in discrimination
protections persisted
• Harmonised, simplified and strengthened
discrimination law to support progress on
equality
• Consolidated action against ‘Institutionalised
discrimination’ into a single public sector
equality duty.

4. Key provisions of the EA 2010
• Identifies nine ‘protected characteristics’
• Defines unlawful discrimination in relation
to these
• Creates a single Public Sector Equality
Duty

5. Discussion:
What do we mean by
equality?

6. “An equal society protects and promotes
equal, real freedom and substantive
opportunity to live in the ways people value
and would choose, so that everyone can
flourish...
“An equal society recognises people’s
different needs, situations and goals and
removes the barriers that limit what people
can do and can be.”

7. Nine ‘Protected Characteristics’
Age
Race
isability
D
Marrriage
Ma iage
and Civilil
and Civ
hip
Parrnerrship
Pat tnes
ex
S
Pregnancy
Pregnancy
and
and
Maternity
Maternity
Sexua
l
Orien
tation
Relig
ion
or Be
lief
Gender
nt
assignme
Re

8. Forms of unlawful discrimination
Direct E.g. Excluding a person from, or creating
obstacles to accessing goods or services because
of a protected characteristic.
Indirect E.g. Requiring complaints/comments to
be registered in written English.
Harassment E.g. Abusive comments about a
person’s gender identity or sexuality.
Victimisation less favourable treatment of a
discrimination complainant or someone
supporting a complainant

9. The human consequences
• Often people who are discriminated against
find it hard to admit it to themselves or
others, but ...
• Discrimination is a recurring fact of life for
many - affecting mental health and destroying
sense of security and belonging
• Young LGB and Trans people can experience
rejection from those closest to them, often
resulting in homelessness ...

10. National Mental Health Development Unit

11. LGB&T survey
• At home: “...The worst prejudice has come from
religious friends and relatives.”
• At work: “I was continually called names at work
and physically assaulted, but was not backed up
by the management, leading to a mental
breakdown and ill-health retirement.”
• In the public sphere: “The biggest problem I face is
assumption of heterosexuality.”

12. Responsibilities of councillors
“Councillors are expected to understand the
impact of cutting budgets and to mitigate
potential negative outcomes, especially the
cumulative impact on specific groups of
people.
Getting this right will ensure fairness and
equality of opportunity for local people.”
(A guide for new councillors 2013/14: Local Government Association
http://www.local.gov.uk/c/document_library/get_file?uuid=4477f9ae-e3cb-4f29-b135
)

13. The role of officers/advisers
• To understand the legislation and the impact of
discrimination, and to treat everyone with respect
and dignity
• To gather, analyse and use equality data
• To arrange consultation/engagement with
communities of interest, particularly most excluded
• To present policy options with a thorough equality
analysis - ideally identifying how equality can be
promoted

14. Why a Public Sector Equality
Duty?
“It is incumbent on every institution to
examine their policies and the outcome
of their policies and practices to guard
against disadvantaging any section of
our communities.”
(Lord William MacPherson, Stephen Lawrence Enquiry repor, 1999)

15. What it says ...
A public authority must, in the exercise of its functions,
have due regard to the need to—
a.eliminate discrimination, harassment, victimisation and
any other conduct that is prohibited by or under the Act;
b.advance equality of opportunity between persons who
share a relevant protected characteristic and persons
who do not share it;
c.foster good relations between persons who share a
relevant protected characteristic and persons who do not
share it.

16. Specific Duties under the PSED
• Annual publication of equality information to
demonstrate compliance with the Duty
• To include equality data relating to
– People affected by policies and practices
– Employees where more than 150
• Prepare and publish one or more specific and
measurable equality objectives not less than
every four years.

17. ‘Due regard’ - case law principles
1. Decision-makers must be made aware of their equality duties
2. Equality must be considered at the time decisions are made
3. Analysis must be rigorous - the impact of the proposal or
decision must be properly understood
4. The duty to have due regard cannot be delegated
5. The duty is ongoing – it must continually be revisited and
borne in mind.
6. Where negative effects are identified potential mitigation
must be considered
7. The process of having due regard should be documented and
transparent

18. Examples from case law discussion
• Read and note key points from your
example/s
• Comments?

19. Knowing your people
The importance of equality
analysis/ equality impact
assessment

20. Equality analysis (EIA) - guiding
principles
1. An equality analysis should be carried out if a policy is
relevant to equality; the most relevant policies should be
assessed first and most thoroughly.
2. The time and effort involved should be proportionate to
the relevance of the policy.
3. The quality of an equality impact assessment is measured
not by length but by the quality of the analysis, the action
taken as a result and the outcomes achieved
4. Good equality analysis /EIA requires good evidence/
understanding

21. Equality analysis – guiding
principles
5. Lack of data is not an excuse for not assessing impact –
where relevant data not available it must be gathered.
6. Information and insights from involvement and
consultation are essential - should usually be carried out
as part of the main policy development process.
7. Equality analyses should always include an action plan.
8. The analysis must always inform the final decision on a
policy.
9. Unless a policy is already perfect for equality (which is
highly unlikely), an equality analysis /EIA should lead to
policy change.

22. Objective justification
An employer or service provider is not liable for some
kinds of discrimination if there is 'objective
justification’. Some key points from the case law are:
• The 'legitimate aim' must represent a real, objective
consideration.
• The action taken must be 'proportionate'. Courts take
into account the seriousness of the discriminatory
impact: The more serious the impact, the more
convincing the objective justification must be.
• It is also relevant whether due regard has been paid to
fulfilling the aim through alternative means.

23. Some key messages
• Publicity – make diversity and inclusivity visible
(website, posters, published policies) – invite feedback?
• Ensure gaps in equality data are identified and
addressed (monitoring, research, surveys,
consultations/engagement)
• Apply ‘due regard‘ across all public functions (e.g.
commissioned services, grants to local charities)
• Identify and assess equality issues before decisions are
made and when reviewing outcomes
• Ensure staff are appropriately awareness trained
• Remember why it matters!

24. LGB&T survey : findings
• LGB&T people more likely to vote than general
population:
• Voting intentions strongly influenced by party attitudes
to diversity.
• Diversity of methods, anonymity, and trust are key to
effective consultation and complaints feedback
• Anticipated prejudice affects civic and voluntary
activity

25. Useful information
Equality and Human Rights Commission
http://www.equalityhumanrights.com/uploaded_files/EqualityAc
t/PSED/ehrc_psed_policy_making_web.pdf
Local Government Association
http://www.local.gov.uk/search/-/results/Equality%20and%20Dive
Government Equalities Office
https://www.gov.uk/government/publications/equality-act-guidan