Hampshire Fire and Rescue Service

Human Resources Committee Item 6

1 February 2005

Equality Impact Assessment

Report of the Chief Officer

Contact : Jennifer McNeill, Head of Human Resources Tel : 023 80 644 000

e-mail : [email protected]

1

Summary

1.1

Section 71 of the Race Relations (Amendment) Act 2000 (RRA(A)), requires public authorities to have `due regard' to the need to promote equality of opportunity and must also have `regard' to promoting good race relations. These duties, although specifically focused on race in legislation, extend past race and should focus on all areas to eliminate all forms of discrimination. Part of this is our work towards attaining level 5 ultimately of the Equality Standard for Local Government.

1.2

As a local authority, we have a statutory duty to evidence our decision making processes through a thorough and systematic analysis of our policies, procedures, guidelines, training programmes, projects, communications mechanisms etc. This requirement translates across all our activities - internally as an employer, and externally, as a provider of services. This will be demonstrated by an objective process of equality impact assessment (EIA). The main purpose is to determine the extent of differential impact upon all groups or individuals, and whether that impact is adverse in relation to equality categories. Equality categories include race, gender, disability, sexuality, religious belief, age, people with caring responsibilities. Some are currently covered by legislation, others are planned to become statute shortly, but consideration of those areas now still represents good practice.

1.3

Evidence of the mitigation of impacts must be apparent in our policy assessments, and details of how any adverse impact will be minimised must be included in the final policy or project recommendations, providing justification where alternatives have not been actioned. Where a policy deliberately attempts to encourage equality of opportunity for a particular group, such as our positive action initiatives, we will be required to produce a clear and legal rationale for these actions.

1.4

A report was submitted to the Service Management Team on 6 December 2004 securing agreement for function heads to take responsibility for identifying new or existing areas within their function to be equality impact assessed and, in addition to the other equality areas of gender, disability, sexuality, religious belief, age, appropriate manages would be nominated to undertake this. In addition, other actions to support this were agreed, including defining the responsibility of a nominated Principal Officer to take corporate responsibility for this strategy; the process for collection and dissemination of data and a communications strategy; training and support.

2

Recommendation

2.1

That the HR Committee notes and endorses the actions taken to date by the Service to ensure compliance with our statutory duty under the Race Relations (Amendment) Act, 2000 as regards Equality Impact Assessment processes.

3

Introduction

3.1

EIA requires consultation with relevant public bodies with a legitimate interest in that area, including those directly affected by the policy or activity. Considerations arising from consultation will be reflected in, and justified in the decision-making process. Monitoring will consist of a process of continuous scrutiny, follow-up and evaluation. The results of all our EIAs, including full justification of decisions made, are required to be published.

3.2

Although initially, the carrying out of EIA will be an additional process we must build into our working practices, it is not intended to be a separate `bolt on' activity. By achieving this we will positively mainstream equality of opportunity into our policy or project planning activities, just as risk assessments relating to safety are routinely carried out across all functions.

3.3

Equality Impact Assessment - the key stages

3.3.1

Types of Impact Assessment

There are 3 levels of assessment - Initial, Partial and Full. The aims of the policy or activity to be assessed will normally determine the level of EIA likely to be required. An explanation of the key stages for each level has been provided for our managers to follow with supporting documentation to assist them in this activity.

3.3.2

Consideration of relevant data and research

Joint working internally and externally to compile relevant data will optimise our resources and minimise duplication of effort, particularly where other authorities have already carried out assessments in similar areas to our own. Much quantitative data is readily available but a central source to support this would increase efficiency. We have already identified partners and stakeholders from whom we can gather qualitative data, although this list will need to be continuously reviewed and developed. We need to be mindful of issues of sensitivity, privacy and data protection when gathering data.

3.3.3

Assessment of Impacts

Identification of the differential impact(s) will enable a judgement to be made regarding how adverse this is and to which group(s). It may be found to be directly or indirectly discriminatory, or if it is not, there may still be an adverse impact. There may be mitigating circumstances which justify the differential treatment and there may be further measures which could be adopted to provide better equality of opportunity. Where alternatives have been identified, justification will be required if the alternatives have not been accepted. This process is not intended just as a protection against challenge, but ultimately as a vehicle to proactively promote equality in all areas.

3.3.4

Consultation

An EIA requires consultation with relevant public, voluntary, community bodies, trade unions and other interested groups with a legitimate interest in the matter. Consultation should be timely, relevant and inclusive and will require sufficient resources to ensure hard to reach groups are not excluded. Accessibility of information is also a consideration, recognising peoples' different needs in communicating.

3.3.5

Decision by public authority

We have a statutory and moral duty to promote equality of opportunity and it must be accorded considerable weight, as outlined in S71 of the RRA(A). Our considerations must be reflected in our decision making. All available information regarding adopted or proposed policies and practices, together with a rationale for that decision, the impact of alternatives and mitigation will be recorded in that decision. It would be helpful if we identified a Service pro-forma to record our decisions to ensure consistency of application and that all the requirements are met. This would facilitate scrutiny by the Audit Commission at a later stage.

3.3.6

Monitoring for adverse impact

This consists of continuous monitoring, follow-up and evaluation of policies and practices and provides valuable information for the next cycle of policy review. It would be useful to have a corporate resource to monitor progress and ensure EIA is carried out systematically.

3.3.7

Publication of results

A report for each EIA must be published as each is unique. It is likely that a draft EIA report will be publicised during formal consultation, but the final version of the report should identify reasons for accepting or rejecting the results of consultation. A proforma for reports, agreed in advance, would ensure consistency.

4

Preparing for EIA

4.1

Function heads were asked to nominate managers to take responsibility for implementing EIA in their areas. Training for these managers commenced in November 2004 and further courses are planned for the new year. Principal Officers and function heads need to consider the remaining gaps within their areas and nominate managers accordingly so that they will be able to comply with their statutory duties as outlined above. Although the Human Resources function will develop policy and facilitate training, it remains the responsibility of function heads and Principal Officers to identify relevant activities within their areas, nominate managers to be trained and ensure their compliance and competence in this process. EIA will also be a subject to be included in a future Members Training Day.

5

Contribution to Corporate Aims, Objectives and Key Tasks

5.1

Equality pervades our corporate aims, objectives, key tasks. One of our corporate aims is to be in the top 20% of all fire and rescue services, and a critical measurement will be how far we evidence promotion of equality of opportunity. Our strategy to contribute to meeting this objective is defined in our draft Comprehensive Equality Policy (CEP), currently undergoing consultation and expected to become policy in early 2005. This document provides a framework for our service orders, function action plans, policies and procedures. It includes equality legislation, our values and standards, key aims and objectives, processes we have put into place, our targets and our corporate, functional and individual responsibilities. An integral part of this is the Service's commitment to review and change practice.

5.2

The process of EIA will identify where any of our practices would be unlawfully discriminatory or contravene our own equality policies. The process of consulting with different groups and seeking their views regarding impact on them visibly demonstrates our openness, honesty and integrity in a practical way. This process will challenge our own perceptions as an employer and as a provider of services and is one of the measures of our progress under Comprehensive Performance Assessment (CPA).

5.3

Once we have implemented the EIA process and we start to achieve our targets set out in our CEP, we will have met the requirements for level 3 of the Local Government Equality Standard.

6

Resource Implications

6.1

Human Resources

It is anticipated that due to the potentially onerous process of carrying out EIAs, particularly in the early stages, this is introduced incrementally by targeting policies, projects and activities when they are due to be revised, or if a new one is identified. The EIA process will be required to be undertaken by all functions and the outcomes published.

As this process becomes embedded into our normal working practices, it is anticipated that familiarity will make this a matter of course rather than an additional workload as regards time taken to undertake.

6.2

Physical Resources

It is difficult at this stage to determine likely physical resources.

6.3

Financial Resources

It is difficult at this stage to identify potential costs of meeting our obligations following EIAs. It is likely there will be cost implications associated with modifying equipment, facilities or our premises, or accommodating individual personal needs. Consideration of potential costs will be a consideration of the `reasonableness' of making adjustments or modifications. It is highly likely that there will be significant costs incurred in consulting externally.

There may be grants available to assist with identified impacts adversely affecting employees who have a disability. As part of a regional commitment, HFRS has agreed to work in partnership with Remploy, a government agency which provides advice and support for employees who have a disability or require rehabilitation, and for their employers.

7

Risk Analysis

Failure to comply with the RRA(A) places the Service in a high risk category for potential intervention. Failure to implement these actions may significantly affect the reputation of the Authority and lead to adverse publicity and comment. Controls have been put into place through the defined actions and responsibilities of function heads and Principal Officers to reduce the likelihood of non-compliance.

8

Conclusion

The Service recognises the impact of this Statutory duty across all functions and the relevance on the successful achievement of our Corporate Aims. The actions put into place, together with support and training, represent best practice and are intended to improve our standing within the community we serve, drive down risk and consequently assist in achieving our mission of making Hampshire safer.

9

European Convention on Human Rights and the Human Rights Act 1998

9.1

The proposals within this report are compatible with the provisions of the European Convention on Human Rights and the Human Rights Act 1998 and considered in the light of the Race Relations (Amendment) Act 2000.

Section 100D - Local Government Act 1972 - Background Papers

The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report.

None

Note: The list excludes:

(1) Published works

(2) Documents that disclose exempt or confidential information as defined in the Act