Under a heading “Making decisions that are lawful and fair for East Devon’s communities” in this week’s Knowledge e-newspaper the following information appears.

Notwithstanding that it reads as if the publication is implying that the PUBLIC might find itself in trouble here when it is actually the local authority, read this in the context of the move from easily accessible Sidmouth to almost totally inaccessible Skypark and see if you see a problem for EDDC. Particularly with regard to one of the last paragraphs where it says that actions can be taken by councils only if they are: informed, considered, proportionate, fair and necessary.

As a council it is important that we represent the wide-ranging needs, views and aspirations of our communities. We have a higher than average older population with over 28% of the population being aged 65 and over and with many people living in rural isolation.

In the 2011 Census 10.3% of people in East Devon said they were carers, with 21% of people

Reported as having a disability/long-term health problem . Women make up 52% of East Devon’s population.

65 .6% said they were Christian, 25.1% had no religion, and many other religions/beliefs made up 1.1%.

Ethnic minority communities reported a slight increase to 1.6% since the last Census.

When making decisions, it’s not only important to consider how different people will be affected but it is a legal requirement under the Equality Act 2010 Public Sector Equality Duty.

This is because people have diverse needs and may be disadvantaged by something we do.

A disadvantage could result in them having poor access to services and information which could affect their health, wellbeing and opportunities to achieve their own potential.

Therefore, there is an economic and cost benefit to considering the effects of decisions on diverse communities.

East Devon has a good track record for promoting equality and supporting diverse communities.

To reduce the risk of court challenges and the associated legal costs , need to be aware of the following:

When making decisions, the Equality Act 2010 Public Sector Equality Duty (PSED) requires you to give due regard to the need to:

Eliminate discrimination, harassment and victimisation.

Advance equality by encouraging participation, removing disadvantage, taking account of disabilities and meeting people’s needs.

Foster good relations between people by tackling prejudice and promoting understanding.

Questions to ask when making decisions:

Taking into account people’s ages, disabilities, race/ethnicity (includes Gypsies and Travellers), gender/gender identity, religions and beliefs (includes people who have ‘no belief’ and atheists) or sexual orientation, pregnant women/new mothers, marriage/civil partnership status and any other factor you consider relevant such as caring responsibilities, rural isolation or socio-economic disadvantage…

Who might be affected by the proposal or issue?

Have stakeholders been consulted adequately and what was their feedback?

Have diverse needs and community impacts been considered fully?

For example, is an appropriate impact assessment provided?

What supporting information (needs assessment/profiles etc.) is provided by officers and is this sufficient and robust?

In what way could the proposal or issue under consideration benefit certain groups of people?

Are there any opportunities for further improvement , particularly for disabled people?

In what way could the proposal or issue under consideration disadvantage certain groups of

people? For example, could it result in discrimination, poor or worse access, outcomes or community relations?

Are any negative impacts/disadvantages necessary, reasonable and proportionate?

What are the risks of going ahead/not going ahead with the proposal and how can these risks be managed?

Is there an alternative, less disadvantageous option?

Are there mitigations in place to address negative impacts?

Can we make a decision on the basis of the information given to us?

Chairpersons should make sure there is a record (minute) of the attention given to the PSED when making decisions or carrying out a scrutiny Function.

One final point, equality is not about …

Favouring particular groups above others, although there are provisions in the Equality Act to allow organisations to advance equality by taking ‘positive action’ to achieve more equal outcomes for groups which are disadvantaged and a duty to make reasonable adjustments for disabled people.

Preventing councils from making difficult decisions which may result in the closure or reduction of a service, provided such decisions are informed, considered, proportionate, fair and necessary.

Banning words like “blackboard” “because it’s racist” (it isn’t).

Source: http://www.eastdevon.gov.uk/220814_the_knowledge_issue_15.pdf