The Equality Act 2010 (the Act) replaces the previous anti-discrimination laws with a single Act

Equality Impact Analysis

Equality Impact Analysis (EqIA) (or Equality Impact Assessment) aims to make services and public policy better for all service-users and staff and supports value for money by getting council services right first time.

We use EqIAs to enable us to consider all relevant information from an Equality requirements perspective when procuring or restructuring a service or introducing a new policy or strategy. This analysis of impacts is then reflected in the relevant action plan to get the best outcomes for the Council, its staff and service-users[1].

EqIAs are used to analyse and assess how the Council’s work might impact differently on different groups of people[2]. EqIAs help the Council to make good decisions for its service-users, staff and residents and provide evidence that those decision conform with the Council’s obligations under the Equality Act 2010[3].

This template sets out the steps you need to take to complete an EqIA for your project. Guidance for sections is in the end-notes. If you have any questions about your EqIA and/or how to complete this form, please use the contact details at the end of this form.

Title of Project/Service/Policy[4]	Highway Asset Management Policy / Strategy (Review 2022)
Team/Department[5]	Highways
Directorate	Communities, Economies and Transport
Provide a comprehensive description of your Project (Service/Policy, etc.) including its Purpose and Scope[6]	Many of the tasks carried out by East Sussex Highways are statutory duties or powers defined by legislation. The highway policies set out the County Council’s position where local discretion is permitted in how duties or powers are applied, or in areas for which there is no legislation. Highways maintenance policies and standards have been developed and adopted by East Sussex County Council Highways over the years to: · Ensure compliance with new statutory requirements and industry best practice. · Respond to incremental changes and improvements to operational practices · Provide consistency and clarity for customers and key decision-makers. The ESCC Highway Asset Management Policy is a stand-alone document which establishes the council’s commitment to Highway Asset Management and demonstrates how infrastructure investment through an asset management approach aligns with the authority’s corporate vision. The Highway Asset Management Strategy describes how we deliver the policy. The Highway Asset Management Strategy provides detail on the Councils our long-term strategic approach from which we develop our Asset Management Plans for each Highway asset group supporting the Council’s key priorities. The strategy sets out our risk-based approach to maintenance of the whole network. The strategy has been developed in line with the recommendations in the UK Roads Liaison Group Well Managed Highway Infrastructure: A Code of Practice (WMHI Code). The Code of Practice takes into consideration the needs of all users including those with protected characteristics. Therefore, this Equality Impact Assessment (EqIA) will be used to help identify any other needs and priorities of local service users. In line with the WMHI Code requirement for evidence-based reviews, East Sussex County Council Highways have created a policy review process. This ensures all policies and plans are reviewed every 2 years at a minimum. The Policy and Strategy were last reviewed and approved by LMET in November 2018. This 2022 review of the Highway Asset Management Policy and Strategy formalises practices that are already in place and therefore will not result in a change to the service. An EqIA was conducted in 2017 for Highway policies and strategies. The 2017 document concluded that there was little potential for discrimination. This EqIA is a review of that document and has allowed us to update the formatting to meet current practice, and tailor the EqIA to Highway Asset Management Policy and Strategy, while ensuring that appropriate opportunities to advance equality and foster good relations between groups have been considered. The following data and consultation information has been utilised to inform the impact assessment: · Complaints · Server user surveys · Previous EqIA · Research findings · East Sussex demographics Consultation information carried out during the recent highway contract re-procurement project has also been used to help inform this impact assessment. Research indicates that the proposed recommendations and updates to these policies would have a positive or neutral impact. The reviewed policies reflect current legislation and best practice, and where updated, provide a greater level of clarity for all users.

Initial assessment of whether your project requires an EqIA

When answering these questions, please keep in mind all legally protected equality characteristics (sex/gender, gender reassignment, religion or belief, age, disability, ethnicity/race, sexual orientation, marriage/civil partnership, pregnancy and maternity) of the people actually or potentially receiving and benefiting from the services or the policy.

In particular consider whether there are any potential equality related barriers that people may experience when getting to know about, accessing or receiving the service or the policy to be introduced or changed.

Discuss the results of your Equality assessment with the Equality Lead for your department and agree whether improvements or changes need to be made to any aspect of your Project.

	Question	Yes	No	Don’t Know
1	Is there evidence of different needs, experiences, issues or priorities on the basis of the equality characteristics (listed below) in relation to the service or policy/strategy area?	Yes
2	Are there any proposed changes in the service/policy that may affect how services are run and/or used or the ways the policy will impact different groups?		No
3	Are there any proposed changes in the service/policy that may affect service-users/staff/residents directly?		No
4	Is there potential for, or evidence that, the service/policy may adversely affect inclusiveness or harm good relations between different groups of people?		No
5	Is there any potential for, or evidence that any part of the service/aspects of the policy could have a direct or indirect discriminatory effect on service-users/staff/residents?		No
6	Is there any stakeholder (Council staff, residents, trade unions, service-users, VCSE organisations) concerned about actual, potential, or perceived discrimination/unequal treatment in the service or the Policy on the basis of the equality characteristics set out above that may lead to taking legal action against the Council?		No
7	Is there any evidence or indication of higher or lower uptake of the service by, or the impact of the policy on, people who share the equality characteristics set out above?		No

If you have answered “YES” or “DON’T KNOW” to any of the questions above, then the completion of an EqIA is necessary.

The need for an EqIA will depend on:

· How many questions you have answered “yes”, or “don’t know” to;

· The likelihood of the Council facing legal action in relation to the effects of service or the policy may have on groups sharing protected characteristics; and

· The likelihood of adverse publicity and reputational damage for the Council.

Low risk

Medium risk

High risk

This 2022 review of the Highway Asset Management Policy and Strategy formalises practices that are already in place and therefore will not result in any change to the service.

1. Update on previous EqIAs and outcomes of previous actions (if applicable)[7]

What actions did you plan last time? (List them from the previous EqIA)	What improved as a result? What outcomes have these actions achieved?	What further actions do you need to take? (add these to the Action Plan below)
We will monitor and take into consideration any feedback received specific to these policies and use it to support future reviews and EqIA’s.	This has been actioned. Continual learning from stakeholder feedback is considered at all reviews and EqIA’s.	Monitor and take into consideration any feedback received specific to this policy and strategy and use it to support future reviews and EqIA’s.
We will ensure that highway service policies are reviewed against relevant best practice guidance to help avoid any negative impact and ensure the advancement of equality.	This is improving with increased understanding within ESH as to the value of EqIA. As such there is scheduled biennial review process, which considers best practice guidance.	Conduct biennial reviews as a minimal, ensuring that highway service policies are reviewed against relevant best practice guidance to help avoid any negative impact and ensure the advancement of equality.
Where applicable with certain highway projects a separate EqIA will be carried out.	This is improving with increased understanding within ESH as to the value of EqIA.	Establish requirement for EqIA at review of creation of policy, project, strategy, or plan. Utilise the EqIA process from the outset to inform decisions.
The existing highway service contract provider is required to adopt and following ESCC equalities policies such as the Translation and Interpretation Policy	This has been adopted as practice in the current and future highway service contracts.	No further action required.

2. Review of information, equality analysis and potential actions

Consider the actual or potential impact of your project (service, or policy) against each of the equality characteristics.

Protected characteristics groups under the Equality Act 2010	What do you know[8]? Summary of data about your service-users and/or staff	What do people tell you[9]? Summary of service-user and/or staff feedback	What does this mean[10]? Impacts identified from data and feedback (actual and potential)	What can you do[11]? All potential actions to: · advance equality of opportunity, · eliminate discrimination, and · foster good relations
Age[12]	East Sussex has a higher population (6.3% higher) of people aged over 65yrs than the average for England and Wales, but below average in age groups 0-44yrs. The highways service covers the entire county of East Sussex and is used by both residents and visitors to the County. The proportion of highway users of different ages is likely to be the same as in the population figures above. The UK Roads Liaison Group Well Managed Highway Infrastructure: A Code of Practice (WMHI Code) notes it is important “in determining priorities for footway maintenance to ensure that opportunities are taken to aid social inclusion, particularly improving accessibility for older people”	We have received no other specific comments regarding this protected characteristic in relation to implementation of the Highways Asset Management Policy and Strategy.	No evidence has been found to suggest that anyone with this protected characteristic will experience an unacceptable impact.	1. We will keep the Policy and Strategy under review and include any feedback about any unequal effect on people with this protected characteristic in future Equality Impact Assessments. 2. The Council continues to follow the WMHI Code
Disability[13]	East Sussex has a higher population of people with a disability than the average for England and Wales, with 20.3% in comparison to 17.9% with a long-term health problem or disability. People with some disabilities may have different needs in terms of access to services or information relating to Highway Services. The UK Roads Liaison Group Well Managed Highway Infrastructure: A Code of Practice (WMHI Code) notes it is important “in determining priorities for footway maintenance to ensure that opportunities are taken to aid social inclusion, particularly improving accessibility for people with disabilities”	We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy	As for age. In addition, people with some types of disability may not be able to access information about the Highway Asset Management Policy and Strategy or provide feedback as easily as others.	1. As for age. 2. East Sussex Highways offers a range of ways for customers to get in touch including website, online forms, letter and phone. Staff can provide explanations in a suitable format in response to questions.
Gender reassignment[14]	The government estimate there to be approximately 200,000-500,000 trans people in the UK. We are not aware of any published evidence that people with this protected characteristic have different needs relating to the Highway Asset Management Policy or Strategy.	We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.	As for age. No specific disproportionate impacts are identified.	1. As for age.
Pregnancy and maternity[15]	East Sussex Statistics generally follow the national average. The UK Roads Liaison Group Well Managed Highway Infrastructure: A Code of Practice (WMHI Code) notes it is important “in determining priorities for footway maintenance to ensure that opportunities are taken to aid social inclusion, particularly improving accessibility for… the use of prams and pushchairs.”	We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.	As for age.	1. As for age.
Race/ethnicity[16] Including migrants, refugees and asylum seekers	East Sussex’s population is largely made up of White British and Northern Irish people. Those of other races/ethnicities may not have English as a first language. We recognise that people may have different needs in terms of access to services or information relating to Highway Services.	We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.	As for age. People with English as an additional language may not be able to access information about the Highway Asset Management Policy and Strategy or provide feedback as easily as others.	1. As for age. 2. East Sussex Highways offers a range of ways for customers to get in touch including website, online forms, letter, and phone. Staff can provide explanations in a suitable format in response to questions. 3. Translation or alternative texts will be provided when required for people wishing to find out more about the policy and strategy or provide feedback.
Religion or belief[17]	East Sussex follows the national average with more than 50% of resident having a Christian belief, more than 25% of residents with no religion plus a variety of other religions and beliefs. We are not aware of any published evidence that people with this protected characteristic have different needs relating to the Highway Asset Management Policy or Strategy.	We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.	As for age. No specific disproportionate impacts are identified.	1. As for age.
Sex/Gender[18]	East Sussex has a slightly larger population of females than males. We are not aware of any published evidence that people with this protected characteristic have different needs relating to the Highway Asset Management Policy or Strategy.	We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.	As for age. No specific disproportionate impacts are identified.	1. As for age.
Sexual orientation[19]	Government estimates that 5-7% of the population is Lesbian, Gay and Bisexual. We are not aware of any published evidence that people with this protected characteristic have different needs relating to the Highway Asset Management Policy or Strategy.	We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.	As for age. No specific disproportionate impacts are identified.	1. As for age.
Marriage and civil partnership[20]	East Sussex Statistics generally follow the national average. We are not aware of any published evidence that people with this protected characteristic have different needs relating to the Highway Asset Management Policy or Strategy.	We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.	As for age. No specific disproportionate impacts are identified.	1. As for age.
Impacts on community cohesion[21]	This project covers the whole of East Sussex which includes all Parish, Town, District, Borough Councils and various local community associations and volunteer groups.	Some groups / residencies hold a perception that they are ‘missing out’. They believe that the more affluent areas have a greater focus for investment. We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.	The Policy and Strategy formalise existing practices. No evidence has been found to suggest that this protected characteristic will experience an unacceptable impact.	1. As for age. 2. The Policy and Strategy will be written in plain English and accessible formatting and published on our website so that people can understand the rationale for an asset management approach and as such the reasoning behind maintenance priorities. 3. In addition, our website and the Guide to Highways which provide a Plain English explanation of the asset management approach. 4. East Sussex Highways offers a range of ways for customers to get in touch including website, online forms, letter and phone. Staff can provide explanations in response to questions.

Protected characteristics

groups under the Equality Act 2010

What do you know[8]?

Summary of data about your service-users and/or staff

What do people tell you[9]?

Summary of service-user and/or staff feedback

What does this mean[10]?

Impacts identified from data and feedback (actual and potential)

What can you do[11]?

All potential actions to:

· advance equality of opportunity,

· eliminate discrimination, and

· foster good relations

Age[12]

East Sussex has a higher population (6.3% higher) of people aged over 65yrs than the average for England and Wales, but below average in age groups 0-44yrs.

The highways service covers the entire county of East Sussex and is used by both residents and visitors to the County. The proportion of highway users of different ages is likely to be the same as in the population figures above.

The UK Roads Liaison Group Well Managed Highway Infrastructure: A Code of Practice (WMHI Code) notes it is important “in determining priorities for footway maintenance to ensure that opportunities are taken to aid social inclusion, particularly improving accessibility for older people”

We have received no other specific comments regarding this protected characteristic in relation to implementation of the Highways Asset Management Policy and Strategy.

No evidence has been found to suggest that anyone with this protected characteristic will experience an unacceptable impact.

1. We will keep the Policy and Strategy under review and include any feedback about any unequal effect on people with this protected characteristic in future Equality Impact Assessments.

2. The Council continues to follow the WMHI Code

Disability[13]

East Sussex has a higher population of people with a disability than the average for England and Wales, with 20.3% in comparison to 17.9% with a long-term health problem or disability.

People with some disabilities may have different needs in terms of access to services or information relating to Highway Services.

We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy

As for age.

In addition, people with some types of disability may not be able to access information about the Highway Asset Management Policy and Strategy or provide feedback as easily as others.

1. As for age.

2. East Sussex Highways offers a range of ways for customers to get in touch including website, online forms, letter and phone. Staff can provide explanations in a suitable format in response to questions.

Gender reassignment[14]

The government estimate there to be approximately 200,000-500,000 trans people in the UK.

We are not aware of any published evidence that people with this protected characteristic have different needs relating to the Highway Asset Management Policy or Strategy.

We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.

As for age.

No specific disproportionate impacts are identified.

1. As for age.

Pregnancy and maternity[15]

East Sussex Statistics generally follow the national average.

We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.

As for age.

1. As for age.

Race/ethnicity[16]

Including migrants, refugees and asylum seekers

East Sussex’s population is largely made up of White British and Northern Irish people.

Those of other races/ethnicities may not have English as a first language.

We recognise that people may have different needs in terms of access to services or information relating to Highway Services.

We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.

As for age.

People with English as an additional language may not be able to access information about the Highway Asset Management Policy and Strategy or provide feedback as easily as others.

1. As for age.

2. East Sussex Highways offers a range of ways for customers to get in touch including website, online forms, letter, and phone. Staff can provide explanations in a suitable format in response to questions.

3. Translation or alternative texts will be provided when required for people wishing to find out more about the policy and strategy or provide feedback.

Religion or belief[17]

East Sussex follows the national average with more than 50% of resident having a Christian belief, more than 25% of residents with no religion plus a variety of other religions and beliefs.

We are not aware of any published evidence that people with this protected characteristic have different needs relating to the Highway Asset Management Policy or Strategy.

We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.

As for age.

No specific disproportionate impacts are identified.

1. As for age.

Sex/Gender[18]

East Sussex has a slightly larger population of females than males.

We are not aware of any published evidence that people with this protected characteristic have different needs relating to the Highway Asset Management Policy or Strategy.

We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.

As for age.

No specific disproportionate impacts are identified.

1. As for age.

Sexual orientation[19]

Government estimates that 5-7% of the population is Lesbian, Gay and Bisexual.

We are not aware of any published evidence that people with this protected characteristic have different needs relating to the Highway Asset Management Policy or Strategy.

We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.

As for age.

No specific disproportionate impacts are identified.

1. As for age.

Marriage and civil partnership[20]

East Sussex Statistics generally follow the national average.

We are not aware of any published evidence that people with this protected characteristic have different needs relating to the Highway Asset Management Policy or Strategy.

We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.

As for age.

No specific disproportionate impacts are identified.

1. As for age.

Impacts on community cohesion[21]

This project covers the whole of East Sussex which includes all Parish, Town, District, Borough Councils and various local community associations and volunteer groups.

Some groups / residencies hold a perception that they are ‘missing out’. They believe that the more affluent areas have a greater focus for investment.

We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.

The Policy and Strategy formalise existing practices. No evidence has been found to suggest that this protected characteristic will experience an unacceptable impact.

1. As for age.

2. The Policy and Strategy will be written in plain English and accessible formatting and published on our website so that people can understand the rationale for an asset management approach and as such the reasoning behind maintenance priorities.

3. In addition, our website and the Guide to Highways which provide a Plain English explanation of the asset management approach.

4. East Sussex Highways offers a range of ways for customers to get in touch including website, online forms, letter and phone. Staff can provide explanations in response to questions.

Additional categories

(Identified locally as potentially causing / worsening inequality)

Characteristic	What do you know[22]?	What do people tell you[23]?	What does this mean[24]?	What can you do[25]?
Rurality[26]	The landscape in East Sussex is predominantly rural, however much of the population live in urban areas, 58% live in the coastal urban areas and a further 18% live in market towns. The maintenance requirements in rural areas are often different to urban areas, because of the environment, how the road network is used and expectations about how the countryside should look. This difference is set out in all our Policy documents. Although fewer people live in rural areas, there is no difference between people in rural and urban areas in terms of their needs.	Some groups / residencies hold a perception that they are ‘missing out’. They believe that the more urban areas have a greater focus for investment. We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.	There are more roads and road users in an urban environment than in a rural setting. However, the Asset Management Strategy uses a risk-based approach to ensure that the condition of the road is the priority, not the location. The Policy and Strategy formalise existing practices. No evidence has been found to suggest that this protected characteristic will experience an unacceptable impact.	1. As for age 2. As for Community Cohesion. 3. Our risk-based, asset management approach to highway maintenance recommends prioritising works based on whole life costs. The location of the roads (urban or rural) is not a factor.
Carers	East Sussex has an aging population. Therefore, it could be inferred that the number of carers will be proportional.	We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.	As for age.	1. As for age and disability.
Literacy/ Numeracy	22.6% of people in East Sussex do not hold a qualification, comparable to national levels (22.7%) not as low as the South East 19.1%). It is difficult to quantify the level of literacy and numeracy because the lack of a formal qualification does not mean a person has poor literacy or numeracy skills. We are not aware of any published evidence that people with this protected characteristic have different needs relating to the Highway Asset Management Policy or Strategy.	We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.	As for age. People may not be able to access information about or read the Highway Asset Management Policy and Strategy and provide feedback as easily as others.	1. As for age. 2. East Sussex Highways offers a range of ways for customers to get in touch including website, online forms, letter, and phone. Staff can provide explanations in a suitable format in response to questions. 3. Translation or alternative texts will be provided when required for people wishing to find out more about the policy and strategy or provide feedback.
Other groups that may be differently affected (including but not only: homeless people, substance users, care leavers – see end note)[27]	We are not aware of any published evidence that people with these protected characteristics have different needs relating to the Highway Asset Management Policy or Strategy.	We have received no other specific comments regarding this protected characteristic in relation to the Highway Asset Management Policy and Strategy.	As for age. No specific disproportionate impacts are identified.	1. As for age.

Assessment of overall impacts and any further recommendations[28] - include assessment of cumulative impacts (where a change in one service/policy/project may have an impact on another)

The highways service affects a large group of stakeholders and anyone that uses the highway network in East Sussex. This 2022 review of the Highway Asset Management Policy and Strategy formalises practices that are already in place and therefore will not result in a change to the service.

This assessment has shown that the Highway Asset Management Policy and Strategy based on the recommendations in the WMHI Code should have a neutral or positive impact for all network users.

Most of the potential impacts will be mitigated through our existing commitment to a risk-based asset management approach and our Customer Contact Centre and Communications Plans which ensures information and the opportunity to make enquiries and provide feedback is accessible for all.

3. List detailed data and/or community feedback that informed your EqIA

Source and type of data (e.g. research, or direct engagement (interviews), responses to questionnaires, etc.)	Date	Gaps in data	Actions to fill these gaps: who else do you need to engage with? (add these to the Action Plan below, with a timeframe)
ESCC Equality and Diversity Policy	Sept 2015		Update EqIA if Policy updates change goals.
2011 Census	2011	Ten-years between Census	Update EqIA if changes in the proportions of those with protected characteristics has a significant effect on risk.
Customer Complaints (ESCC and East Sussex Highways)	May 2016 – August 2022	Not all concerns are raised as an official complaint. New concerns may have been raised since last review.	Also review customer enquiries logged by the Customer Contact Centre. See row below. Review complaints when reviewing EqIA.
Salesforce – Customer phone calls, emails, web reports and letters that are logged onto the system. Keyword search for protected characteristics and linked terminology related to Winter Service.	May 2016 – August 2022	Not all enquiries regarding protected characteristics may include keywords. However, the sample size is high enough to ensure that trends can be identified. New concerns may have been raised since last review.	Remind the CS team of the importance of capturing information relevant to those with protected characteristics and of passing any policy complaints to the Contracts Management Group for review. Review complaints when reviewing EqIA.

4. Prioritised Action Plan[29]

NB: These actions must now be transferred to service or business plans and monitored to ensure they achieve the outcomes identified.

Impact identified and group(s) affected	Action planned	Expected outcome	Measure of success	Timeframe
Plan does not meet local need/priorities. All	EQIA will be reviewed alongside review of the Policy and Strategy to ensure acknowledgment and consultation of the relevant protected characteristics / groups. Existing policies and processes already in place that set out an approach to keeping other parts of the network safe and serviceable. We will review regularly under our established policy review process. This includes analysing cases received from the public and reviewing the EqIA. Stakeholders will be told that they can provide feedback and update us on the location of key services/routes at any time.	Policy and Strategy are fit for purpose and either has a positive impact or no negative impact on those with protected characteristics.	Minimal negative feedback. Is shown to be effective during an emergency.	Autumn 2022. During review of Policy & Strategy Reviewed every 2 years as a minimum. Ongoing reviews.
Perception of ‘missing out’ on investment or inclusion. Community Cohesion Rurality Potentially All	Our risk-based, asset management approach to highway maintenance recommends prioritising works based on whole life costs. The location of the roads (urban or rural) is not a factor. The Policy and Strategy will be published on our website and information included in the Guide to Highways.	Improved understanding of maintenance decisions.	Minimal complaints on this topic.	Following approval of reviewed Policy and Strategy.
People may have difficulties in reading or understanding the language in our Policy and Strategy or in providing feedback. Disability Race/ Ethnicity Literacy/ Numeracy	The Policy and Strategy are written in Plain English, provided in accessible format and a summary explanation will be included on the website . East Sussex Highways already has a variety of ways we can be contacted including phone, letter or via our website. The Contact Centre will be briefed on how they can aid with understanding the content of the Policy and Strategy or in providing feedback. Translation or alternative texts will be provided when required.	Anyone can access and understand Highways information.	No negative feedback or complaints around accessibility of information.	On publication of the reviewed Policy and Strategy and ongoing

(Add more rows as needed)

EqIA sign-off: (for the EqIA to be final an email must be sent from the relevant people agreeing it, or this section must be signed)

Staff member competing Equality Impact Analysis: Rosslyn Mills Date: 15/11/2022

Directorate Management Team rep or Head of Service: Dale Poore Date: 01/12/2022

Equality lead: Sarah Tighe-Ford Date: 30/11/2022

Guidance end-notes

[1] The following principles, drawn from case law, explain what we must do to fulfil our duties under the Equality Act:

· Knowledge: everyone working for the Council must be aware of the Council’s duties under the Equality Act 2010 and ensure they comply with them appropriately in their daily work.

· Timeliness: the duty applies at the time of considering policy options and/or before a final decision is taken – not afterwards.

· Real Consideration: the duty must be an integral, rigorous part of your decision-making process and influence the process.

· Sufficient Information: you must assess what information you have and what is further needed to give proper consideration.

· No delegation: the Council is responsible for ensuring that any contracted services, which are provided on its behalf need also to comply with the same legal obligations under the Equality Act of 2010. You need, therefore, to ensure that the relevant contracts make these obligations clear to the supplier. It is a duty that cannot be delegated.

· Review: the equality duty is a continuing duty. It applies when a policy or service is developed/agreed, and when it is implemented and reviewed.

· Proper Record Keeping: to prove that the Council has fulfilled its legal obligations under the Equality Act you must keep records of the process you follow and the impacts identified.

NB: Filling out this EqIA in itself does not meet the requirements of the Council’s equality duty. All the requirements above must be fulfilled, or the EqIA (and any decision based on it) may be open to challenge. An EqIA therefore can provide evidence that the Council has taken practical steps comply with its equality duty and provide a record that to demonstrate that it has done so.

[2]Our duties in the Equality Act 2010

As a public sector organisation, we have a legal duty (under the Equality Act 2010) to show that we have identified and considered the actual and potential impact of our activities on people who share any of the legally ‘protected characteristics’ (age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and marriage and civil partnership).

This applies to policies, services (including commissioned services), and our employees. The level of detail of this consideration will depend on the nature of your project, who it might affect, those groups’ vulnerability, and the seriousness of any potential impacts it might have. We use this EqIA template to gather information and assess the impact of our project in these areas.

The following are the duties in the Act. You must give ‘due regard’ (pay conscious attention) to the need to:

avoid, reduce, minimise or eliminate any negative impact (if you identify unlawful discrimination, including victimisation and harassment, you must stop the action and take advice immediately).
promote equality of opportunity. This means the need to:

- Remove or minimise disadvantages suffered by equality groups

- Take steps to meet the needs of equality groups

- Encourage equality groups to participate in public life or any other activity where participation is disproportionately low

- Consider if there is a need to treat disabled people differently, including more favourable treatment where necessary

foster good relations between people who share a protected characteristic and those who do not. This means:

- Tackle prejudice

- Promote understanding

[3] EqIAs are always proportionate to:

The nature of the service, or scope of the policy/strategy
The resources involved
The number of people affected
The size of the likely impact
The vulnerability of the people affected

The greater the potential adverse impact of the proposed service or policy on a protected group (e.g. disabled people), the more thorough and demanding our process must be so that we comply with the Equality Act of 2010.

[4] Title of EqIA: This should clearly explain what service / policy / strategy / change you are assessing

[5] Team/Department: Main team responsible for the policy, practice, service or function being assessed

[6] Focus of EqIA: A member of the public should have a good understanding of the policy or service and any proposals after reading this section. Please use plain English and write any acronyms in full first time - eg: ‘Equality Impact Analysis (EqIA)’

This section should explain what you are assessing:

What are the main aims or purpose of the service, policy, strategy, practice, or function?
Who implements, carries out or delivers the service, policy, strategy, practice, or function? Please state where this is more than one person/team/body and where other organisations deliver under procurement or partnership arrangements.
How does it fit with other services?
Who is affected by the service, policy, strategy, practice, or function, or by how it is delivered? Who are the external and internal service-users, groups, or communities?
What outcomes do you want to achieve, why and for whom? Eg: what do you want to provide, what changes, or improvements, are required and what should the benefits be?
What do existing or previous reviews of the service, policy, strategy, practice, or function indicate to you?
What is the reason for the proposal, or change (financial, service scope, legal requirements, etc)? The Equality Act requires us to make these clear.

[7] Previous actions: If there is no previous EqIA, or this assessment is for a new service, then simply write ‘not applicable’.

[8] Data: Make sure you have enough information to inform your EqIA.

· What data relevant to the impact on protected groups of the policy/decision/service is available?[8]

· What further evidence is needed and how can you get it? (Eg: further research or engagement with the affected groups).

· What do you already know about needs, access and outcomes? Focus on each of the protected characteristics in turn. Eg: who uses the service? Who doesn’t and why? Are there differences in outcomes? Why?

· Have there been any important demographic changes or trends locally? What might they mean for the service or function?

· Does data/monitoring show that any policies or practices create particular problems or difficulties for any groups?

· Do any equality objectives already exist? What is current performance like against them?

· Is the service having a positive or negative effect on particular people in the community, or particular groups / communities?

[9] Engagement: You must engage appropriately with those likely to be affected to fulfil the Council’s duties under the Equality Act.

· What do people tell you about the services, the policy or the strategy?

· Are there patterns or differences in what people from different groups tell you?

· What information or data will you need from communities?

· How should people be consulted? Consider:

(a) consult when proposals are still at a formative stage;

(b) explain what is proposed and why, to allow intelligent consideration and response;

(d) make sure what people tell you is properly considered in the final decision.

· Try to consult in ways that ensure all different perspectives can be captured and considered.

· Identify any gaps in who has been consulted and identify ways to address this.

[10] Your EqIA must get to grips fully and properly with actual and potential impacts.

· The Council’s obligations under the Equality Act of 2010 do not stop you taking decisions, or introducing well needed changes; however, they require that you take decisions and make changes conscientiously and deliberately confront the anticipated impacts on people.

· Be realistic: don’t exaggerate speculative risks and negative impacts.

· Be detailed and specific so decision-makers have a concrete sense of potential effects. Instead of “the policy is likely to disadvantage older women”, say how many or what percentage are likely to be affected, how, and to what extent.

· Questions to ask when assessing impacts depend on the context. Examples:

o Are one or more protected groups affected differently and/or disadvantaged? How, and to what extent?

o Is there evidence of higher/lower uptake among different groups? Which, and to what extent?

o If there are likely to be different impacts on different groups, is that consistent with the overall objective?

o If there is negative differential impact, how can you minimise that while taking into account your overall aims

o Do the effects amount to unlawful discrimination? If so, the plan must be modified.

o Does the proposal advance equality of opportunity and/or foster good relations? If not, could it?

[11] Consider all three aims of the Act: removing barriers, and also identifying positive actions to be taken.

· Where you have identified impacts you must state what actions will be taken to remove, reduce or avoid any negative impacts and maximise any positive impacts or advance equality of opportunity.

· Be specific and detailed and explain how far these actions are expected to address the negative impacts.

· If mitigating measures are contemplated, explain clearly what the measures are, and the extent to which they can be expected to reduce / remove the adverse effects identified.

· An EqIA which has attempted to airbrush the facts is an EqIA that is vulnerable to challenge.

[12] Age: People of all ages

[13] Disability: A person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. The definition includes: sensory impairments, impairments with fluctuating or recurring effects, progressive, organ specific, developmental, learning difficulties, mental health conditions and mental illnesses, produced by injury to the body or brain. Persons with cancer, multiple sclerosis or HIV infection are all now deemed to be disabled persons from the point of diagnosis. Carers of disabled people are protected within the Act by association.

[14] Gender Reassignment: In the Act a transgender person is someone who proposes to, starts or has completed a process to change his or her gender. A person does not need to be under medical supervision to be protected

[15] Pregnancy and Maternity: Protection is during pregnancy and any statutory maternity leave to which the woman is entitled.

[16] Race/Ethnicity: This includes ethnic or national origins, colour or nationality, and includes refugees and migrants, and Gypsies and Travellers. Refugees and migrants means people whose intention is to stay in the UK for at least twelve months (excluding visitors, short term students or tourists). This definition includes asylum seekers; voluntary and involuntary migrants; people who are undocumented; and the children of migrants, even if they were born in the UK.

[17] Religion and Belief: Religion includes any religion with a clear structure and belief system. Belief means any religious or philosophical belief. The Act also covers lack of religion or belief.

[18] Sex/Gender: Both men and women are covered under the Act.

[19] Sexual Orientation: The Act protects bisexual, gay, heterosexual and lesbian people

[20] Marriage and Civil Partnership: Only in relation to due regard to the need to eliminate discrimination.

[21] Community Cohesion: potential impacts on how well people from different communities get on together. The council has a legal duty to foster good relations between groups of people who share different protected characteristics. Some actions or policies may have impacts – or perceived impacts – on how groups see one another or in terms of how the council’s resources are seen to be allocated. There may also be opportunities to positively impact on good relations between groups.

[22] Data: Make sure you have enough information to inform your EqIA.

· What data relevant to the impact on protected groups of the policy/decision/service is available?[22]

· What further evidence is needed and how can you get it? (Eg: further research or engagement with the affected groups).

· Have there been any important demographic changes or trends locally? What might they mean for the service or function?

· Does data/monitoring show that any policies or practices create particular problems or difficulties for any groups?

· Do any equality objectives already exist? What is current performance like against them?

· Is the service having a positive or negative effect on particular people in the community, or particular groups or communities?

[23] Engagement: You must engage appropriately with those likely to be affected to fulfil the Council’s duties under the Equality Act .

· What do people tell you about the services, the policy or the strategy?

· Are there patterns or differences in what people from different groups tell you?

· What information or data will you need from communities?

· How should people be consulted? Consider:

(a) consult when proposals are still at a formative stage;

(b) explain what is proposed and why, to allow intelligent consideration and response;

(d) make sure what people tell you is properly considered in the final decision.

· Try to consult in ways that ensure all different perspectives can be captured and considered.

· Identify any gaps in who has been consulted and identify ways to address this.

[24] Your EqIA must get to grips fully and properly with actual and potential impacts.

· The Council’s obligations under the Equality Act of 2010 do not stop you taking decisions, or introducing well needed changes; however, they require that take decisions and make changes conscientiously and deliberately confront the anticipated impacts on people.

· Be realistic: don’t exaggerate speculative risks and negative impacts.

· Questions to ask when assessing impacts depend on the context. Examples:

o Are one or more protected groups affected differently and/or disadvantaged? How, and to what extent?

o Is there evidence of higher/lower uptake among different groups? Which, and to what extent?

o If there are likely to be different impacts on different groups, is that consistent with the overall objective?

o If there is negative differential impact, how can you minimise that while taking into account your overall aims

o Do the effects amount to unlawful discrimination? If so the plan must be modified.

o Does the proposal advance equality of opportunity and/or foster good relations? If not, could it?

[25] Consider all three aims of the Act: removing barriers, and also identifying positive actions to be taken.

· Where you have identified impacts you must state what actions will be taken to remove, reduce or avoid any negative impacts and maximise any positive impacts or advance equality of opportunity.

· Be specific and detailed and explain how far these actions are expected to address the negative impacts.

· If mitigating measures are contemplated, explain clearly what the measures are, and the extent to which they can be expected to reduce / remove the adverse effects identified.

· An EqIA which has attempted to airbrush the facts is an EqIA that is vulnerable to challenge.

[26] Rurality: deprivation is experienced differently between people living in rural and urban areas. In rural areas issues can include isolation, access to services (eg: GPs, pharmacies, libraries, schools), low income / part-time work, infrequent public transport, high transport costs, lack of affordable housing and higher fuel costs. Deprivation can also be more dispersed and less visible.

[27] Other groups that may be differently affected: this may vary by services, but examples include: homeless people, substance misusers, people experiencing domestic/sexual violence, looked after children or care leavers, current or former armed forces personnel (or their families), people on the Autistic spectrum etc.

[28] Assessment of overall impacts and any further recommendations

Make a frank and realistic assessment of the overall extent to which the negative impacts can be reduced or avoided by the mitigating measures. Explain what positive impacts will result from the actions and how you can make the most of these.
Countervailing considerations: These may include the reasons behind the formulation of the policy, the benefits it is expected to deliver, budget reductions, the need to avert a graver crisis by introducing a policy now and not later, and so on. The weight of these factors in favour of implementing the policy must then be measured against the weight of any evidence as to the potential negative equality impacts of the policy.
Are there any further recommendations? Is further engagement needed? Is more research or monitoring needed? Does there need to be a change in the proposal itself?

[29] Action Planning: The Council’s obligation under the Equality Act of 2010 is an ongoing duty: policies must be kept under review, continuing to give ‘due regard’ to the duty. If an assessment of a broad proposal leads to more specific proposals, then further equality assessment and consultation are needed.