Decision details

Ian Young, Director of Governance, Finance and Public Services presented a report which reminded members how the Public Sector Equality Duty under section 149 of the Equality Act 2010 should be discharged by the Council, in particular in making policy decisions to achieve budget savings that may or would have an impact on the groups of people protected by the Act. 

Members were informed that this report had been presented to the Budget Scrutiny Working Group and the same report would be presented to Cabinet on 26 November.  It was noted that since the introduction of the Act training had been rolled out council-wide to officers and members including training for current Cabinet Members.  Further refresher training for members was scheduled to take place through the programme of bite size briefings.

The Committee was reminded that the courts would look at whether, as a matter of substance, a local authority had paid "due regard" to the requirements of the Public Sector Equality Duty and that, whilst Equality Analysis were not a statutory requirement, they were a tool to assist decision-makers to consider and analyse the impact of decisions on persons with protected characteristics. 

The Committee was also reminded that "due regard" was the regard that was appropriate in all the particular circumstances in which a public authority carried out its functions. Due regard was therefore the degree of regard that was proportionate in all the circumstances  taking into account the nature of the policy or decision, its predicted effect on the statutory equality goals, and the way its impact would be experienced by those affected. In other words the greater the potential adverse impact on a protected group the more vulnerable the group in the context being considered, the more thorough and demanding the process required by section 149 would be.

It was also emphasised that the council's financial position must not be used as a reason for not properly considering the implications of decisions in line with the duty.

Resolved:  That the report be noted.