equality and diversity in local government

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Equality and diversity: Fair and effective local governance

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Fair and effective local governance

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Page 1: Equality and diversity in local government

Equality and diversity:Fair and effective local governance

Page 2: Equality and diversity in local government

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

Page 3: Equality and diversity in local government

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.

Page 4: Equality and diversity in local government

Key provisions of the EA 2010

• Identifies nine ‘protected characteristics’• Defines unlawful discrimination in relation

to these• Creates a single Public Sector Equality

Duty

Page 5: Equality and diversity in local government

Discussion:

What do we mean by equality?

Page 6: Equality and diversity in local government

“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.”

Page 7: Equality and diversity in local government

Marriage

and Civil

Partnershi

p

Marriage

and Civil

Partnershi

p

Pregnancy and

Maternity

Pregnancy and

Maternity

Nine ‘Protected Characteristics’

Disabilit

y

Gender

Reassignme

nt

Sexual Orientation

Sex

Religion or Belief

Age Race

Page 8: Equality and diversity in local government

Forms of unlawful discriminationDirect 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

Page 9: Equality and diversity in local government

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 ...

Page 10: Equality and diversity in local government

National Mental Health Development Unit

Page 11: Equality and diversity in local government

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.”

Page 12: Equality and diversity in local government

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-b135-2c8df58f83f5&groupId=10171)

Page 13: Equality and diversity in local government

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

Page 14: Equality and diversity in local government

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)

Page 15: Equality and diversity in local government

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.

Page 16: Equality and diversity in local government

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.

Page 17: Equality and diversity in local government

‘Due regard’ - case law principles1. Decision-makers must be made aware of their equality duties2. Equality must be considered at the time decisions are made3. Analysis must be rigorous - the impact of the proposal or

decision must be properly understood4. The duty to have due regard cannot be delegated5. The duty is ongoing – it must continually be revisited and

borne in mind.6. Where negative effects are identified potential mitigation

must be considered7. The process of having due regard should be documented and

transparent

Page 18: Equality and diversity in local government

Examples from case law - discussion

• Read and note key points from your example/s

• Comments?

Page 19: Equality and diversity in local government

Knowing your peopleThe importance of equality analysis/ equality impact

assessment

Page 20: Equality and diversity in local government

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

Page 21: Equality and diversity in local government

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.

Page 22: Equality and diversity in local government

Objective justificationAn 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.

Page 23: Equality and diversity in local government

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!

Page 24: Equality and diversity in local government

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

Page 25: Equality and diversity in local government

Useful information

Equality and Human Rights Commissionhttp://www.equalityhumanrights.com/uploaded_files/

EqualityAct/PSED/ehrc_psed_policy_making_web.pdf

Local Government Associationhttp://www.local.gov.uk/search/-/results/Equality%20and%20Diversity

Government Equalities Office https://www.gov.uk/government/publications/equality-act-guidance