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.
EqIAs are used to analyse and assess how the Council’s work might impact differently on different groups of people. 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.
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Title of Project/Service/Policy |
School Basic Need Capital Programme |
Directorate |
Children’s Services |
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Team/Department |
Standards and Learning Effectiveness Service (Education Division), Children’s Services Department |
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Provide a comprehensive description of your Project (Service/Policy, etc.) including its Purpose and Scope |
The main purpose of the school basic need capital programme East Sussex County Council (the local authority) has a statutory duty to ensure that there are sufficient school places in the right locations to meet demand. We are responsible for promoting a good supply of school places that offer high quality education through planning, organising, and commissioning places in a way that raises attainment, increases diversity, encourages collaboration between schools and promotes community cohesion. We seek to achieve this in partnership with key stakeholders including headteachers, governors, academy trusts, parents and carers, dioceses, local planning authorities and local communities.
The School Organisation Plan (SOP) 2022 to 2026 sets out how the local authority seeks to meet the challenge of ensuring there are sufficient primary, secondary, and special school places in the right locations to meet demand. The SOP is produced annually by the Standards and Learning Effectiveness Service (Education Division), Children’s Services Department. The current version of the SOP was approved for publication by the Lead Member for Education and Inclusion, Special Educational Needs and Disability on 17 October 2022.
Proposals for new schools and school expansions will be based on information contained in the SOP. The SOP is informed by the local authority’s pupil forecasting model which is revised annually and considers factors such as:
The local authority will consult with key stakeholders when developing proposals to provide new places. When considering proposals to add new places to meet demand the local authority will take account of the following principles:
In addition to the provision of permanent school places, where pupil growth is identified as a short term issue, a 'bulge' in pupil numbers, the local authority will use temporary accommodation to ensure it can react quickly to provide additional places in areas of pressure. Using temporary accommodation is a recognised way of providing additional places in the short term and it provides a valuable and flexible resource to enable the local authority to fulfil its obligations. An annual temporary accommodation programme is funded from the school basic need capital programme to facilitate this.
In the medium term financial plan (MTFP) period, we will:
· deliver additional early years places at Wadhurst CE Primary School · consider options for the creation of additional special school places at Grove Park School, Crowborough · work with a number of mainstream schools to establish new specialist facilities or enlarge existing facilities · begin work on delivering school places to serve new housing developments in a number of areas.
Births
Primary school numbers The fall in countywide births is reflected in falling primary reception (Year R) intake numbers, which are forecast to continue reducing, until at least 2025/26. The local authority’s pupil forecasts show numbers recovering beyond this point. However, intake forecasts beyond 2025/26 are based on demographic projections of future births rather than actual live birth or GP registration data. Looking at previous cycles of births and Year R intakes, it is very possible that we may not see a recovery in Year R numbers across the county generally until the 2030s.
In areas of the county such as Hailsham and Bexhill, where high volumes of new housing are planned, Year R numbers may rise sooner than in other parts of East Sussex.
Total numbers on roll in primary schools peaked in 2018/19 and are now in decline. In 2021/22 there was 9% surplus capacity overall, although this margin varies from area to area. By 2025/26, pupil numbers are forecast to fall to around 35,150 with surplus places increasing to 14% of capacity.
Secondary school numbers Previous high numbers in primary schools are being reflected in rising Year 7 secondary school intakes. Year 7 numbers are predicted to peak in either 2022/23 or 2023/24.
Total numbers on roll in secondary schools are forecast to peak around 2024/25 or 2025/26. As a result of rising numbers, surplus places in secondary schools are predicted to reduce from 10% of capacity in 2021/22 to 7% by 2025/26.
Special Educational Needs and Disability (SEND) The numbers of school aged children and young people aged four to 19 in East Sussex with an Education, Health, and Care Plan (EHCP) have been rising steeply in recent years, from 3,126 in 2018-19 to 3,494 in 2021-22, an increase of 12%. In 2021-22, there were also 400 young people aged 19-25 in East Sussex with an EHCP.
In the next four years, the local authority forecasts that overall numbers of school-aged children and young people aged 4-19 with EHCPs will grow by around 15%, to approximately 4,000.
Overall numbers of children and young people aged 4-19 with EHCPs
There are a variety of reasons for the increase, including parental demand, changes in diagnostic practice and the changes in SEND legislation which have greatly increased the number of young people aged 16+ with EHCPs following the 2014 education reforms.
EHCPs by phase of education
The rise is also due to increasing numbers of children in particular primary need categories. The three primary need groups that have had, and are predicted to continue to have, the biggest increases are Autistic Spectrum Disorder (ASD) and, to a lesser extent, Social, Emotional and Mental Health (SEMH) and Profound and Multiple Learning Difficulties (PMLD). The significant rise in ASD numbers reflects increases in diagnosis, an increase in the number of schools with a designation of ASD and an increase in parental and professional awareness. Numbers in other need groups are relatively stable.
EHCPs by Primary Need Group
In January 2022, there were 1,622 East Sussex residents on roll in special schools, of which 1,480 were in schools in East Sussex and 142 were in schools in other authorities. 1,251 were in maintained and academy provision and 371 were in non-maintained independent special schools.
The numbers assessed as requiring a special school place have risen by 424 (34%) over the past four years. The need for maintained and academy special school places has risen by 259 (25%). The number of pupils accessing non-maintained independent special school places has risen by 165, a 77% increase on the 2017-18 total.
We are likely to see a further increase in demand of around 250 or 15% for special school places over the period to 2025/26. This projection assumes that the distribution of EHCPs between mainstream schools, specialist facilities in mainstream schools, maintained and academy special schools and independent non-maintained special schools, will remain at its current levels. However, over the last four years, 90% of the entire growth in EHCPs has been accounted for by a rise in the numbers placed in special schools. If this trend continues, we could see a rise in the need for special school places of around 470 (28%) by 2025-26.
To address the rising need for SEND places in the county, 381 new special school and alternative provision places have been created since 2020 through the establishment of four new free schools. In addition, 52 new specialist facility places have been created across five mainstream primary and secondary schools since 2019. We continue to explore further opportunities for new special school places and specialist facility provision in the county.
Implementation of the school basic need capital programme The local authority will work in partnership with schools, academy trusts, dioceses, contractors, and other key partners to deliver the school basic need capital programme. The programme is overseen by the Schools Sub Capital Board which reports to the Capital and Asset Strategy Board. Where applicable, the Lead Member for Education and Inclusion, Special Educational Needs and Disability will make final decisions on individual proposals following statutory consultation with key stakeholders.
Before a project is taken forward in the capital programme a statutory consultation and EqIA will be undertaken to gauge opinion for the proposal and to identify any potential equality barriers. The local authority engages with groups of schools, academy trusts, dioceses, district and borough councils and local communities in drawing up proposals for school expansions and/or the establishment of new schools.
Legal duty Local authorities are under a statutory duty to ensure the sufficiency of school places in their area, working within a national framework in relation to education provision and school planning:
New Schools Where a local authority identifies the need for a new school, to meet basic need, section 6A of EIA 2006 places the local authority under a duty to seek proposals to establish an academy (free school) via the ‘free school presumption’. The local authority is responsible for providing the site for the new school and meeting all associated capital and pre-/post-opening revenue costs. All new free school presumption proposals require the Regional Director’s approval, on behalf of the Secretary of State, as it is the Secretary of State who will enter into a funding agreement with the academy trust/sponsor.
If the free school presumption does not result in a suitable proposal, a statutory competition can be held under ‘section 7’of EIA 2006. This will not require a separate application for approval, since the Secretary of State will inform the local authority that approval to hold a competition is given at the same time as informing the local authority that no suitable free school was identified.
Free school presumption proposals and proposals for foundation, foundation special and voluntary schools can be submitted into the competition. However, the Regional Director will consider any free school proposals first when making a decision on the case.
Any persons (‘proposer’) e.g. local authority or diocese may publish a proposal, at any time, for a new school outside of the free school presumption and competitions process under section 11 of EIA 2006. The Secretary of State’s consent is not required in the case of proposals for:
• a new community or foundation primary school to replace a maintained infant and a maintained junior school • a new voluntary-aided school in order to meet demand for a specific type of place e.g. places to meet demand from those of a particular faith • a new foundation or voluntary school resulting from the reorganisation of existing faith schools in an area, including an existing faith school losing or changing its religious designation • a new foundation or community school, where there were no suitable free school proposals, and a competition has been held but did not identify a suitable provider • a former independent school wishing to join the maintained sector • a new local authority maintained nursery school.
The proposer should be able to demonstrate to the decision-maker a clear demand for the places the new school will provide.
Expansion of existing schools Local authorities wishing to propose the expansion of a maintained school can do so by following a statutory process in accordance with the Education and Inspections Act (EIA) 2006 as amended by the Education Act (EA) 2011 and The School Organisation (Establishment and Discontinuance of Schools) Regulations 2013.
Stakeholders are consulted on maintained school proposals in accordance with statutory requirements. Statutory consultations relating to maintained school proposals can be found on the local authority’s consultation hub at: Consultations in East Sussex.
Academies wishing to make a significant change, as defined in the Academies Act 2010, must seek the approval of the Regional Director for Education who will decide (on behalf of the Secretary of State) whether proposals are in line with the needs of the local area.
Consultations relating to a significant change to an individual academy should be found on that academy’s website.
Who is affected by the school basic need capital programme The proposals will affect children and young people of primary and secondary school age both in mainstream and special school settings.
At the May 2022 school census, there were 67,937 children and young people on roll in our primary, secondary, and special schools (excluding PRUs):
Source: May 2022 school census
Of these children and young people, 11,309 (16.6%) had special educational needs (SEN):
Source: May 2022 school census
Children and young people of school age in areas of basic need (including those with SEN) are likely to be more affected by the proposals than children and young people in other areas of the county where there is not predicted to be pressure on school places.
The local authority is very experienced in construction projects at schools and the health and safety of children is paramount when any building project takes place. Build programmes would be developed to minimise disruption to teaching and learning during this time. Each proposal will have a positive impact as all new and extended provision will be compliant with DDA regulations and the Equality Act 2010 for pupils with a disability.
Of the 67,937 children and young people on roll in East Sussex schools in May 2022, 33,002 (48.6%) were female and 34,935 (51.4%) were male:
Source: May 2022 school census
The data above shows that girls attending school in East Sussex are under-represented compared to boys who are over-represented.
The local authority does not believe that any one gender will be more affected by any proposals than the other as all state-funded schools in East Sussex are co-educational.
At the January 2022 school census, there were 9,652 minority ethnic children and young people on roll in East Sussex schools (excluding PRUs):
Source: January 2022 school census
We do not believe that minority ethnic children and young people would be more affected by any proposals than those in the general population who do not share that protected characteristic as new places will be provided for everyone.
Each proposal will have a positive impact on local school age children and young people and their families, including those from different ethnic backgrounds, as it will enable more children and young people to access a school place in their local area.
At the January 2022 school census, 11,734 children and young people attended local authority maintained faith schools (Voluntary Controlled or Voluntary Aided) in East Sussex:
Source: January 2022 school census
There is a broad and diverse range of school provision for children and young people in East Sussex: On 1 September 2022 there were 174 state funded mainstream schools and 15 special schools and alternative provisions in East Sussex:
47 community schools 41 voluntary controlled (VC) schools 22 voluntary aided (VA) schools 3 foundation schools 76 academies or free schools
Most faith schools are also community schools in that they accept pupils of different faiths or no faith. It is possible that some school expansion proposals which come forward in the future might be for VC or VA schools if that is considered the most appropriate solution to meet basic need in an area and there is sufficient demand for faith places to warrant expansion.
The local authority does not believe there will be an impact on people with different religions and beliefs as there will continue to be a diverse range of provision across the county for all children and young people. In accordance with DfE legislation, all schools must hold a daily act of collective worship that must be 'wholly or mainly of a broadly Christian character’.
Conclusion In conclusion, the local authority believes each proposal will have a positive impact on local school age children and young people and their families as it will enable more children and young people to access a school place in their local area. New special schools and specialist facilities will have a positive impact on children from a wider area who will be able to travel to the new provision rather than attend independent provision sometimes out of the local area or out of county.
Before each project is taken forward in the capital programme a statutory consultation and EqIA will be undertaken to gauge opinion for the proposal and to identify any potential equality barriers specifically related to that proposal. |
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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.
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Question |
Yes |
No |
Don’t Know |
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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? |
X |
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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? |
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X |
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3 |
Are there any proposed changes in the service/policy that may affect service-users/staff/residents directly? |
X |
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4 |
Is there potential for, or evidence that, the service/policy may adversely affect inclusiveness or harm good relations between different groups of people? |
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X |
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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? |
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X |
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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? |
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X |
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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? |
X |
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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.
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Low risk |
Yes |
Medium risk |
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High risk |
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The local authority has a statutory duty to ensure there are sufficient school places for everyone that requires a place including groups sharing protected characteristics. If it failed to discharge its duty, the local authority could risk legal action being taken against it and/or adverse publicity and reputational damage.
The planning, organising, and commissioning of school places is taken in a timely manner and in accordance with legislation. The local authority therefore believes the risk of legal action and/or adverse publicity and reputational damage is low.
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1. Update on previous EqIAs and outcomes of previous actions (if applicable)
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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) |
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This is an update of the Equality Impact Assessment completed in 2021 |
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