London Borough of Newham

Second Local Implementation Plan (LIP2)

Equalities Impact Assessment Technical Document

(DRAFT)

July 2011

Contents

1Introduction

1.1Context of this report

1.2Why carry out an EqIA?

1.2.1Management of the EqIA

1.3Background to the LIP2

1.4Policy and Legislative Context

2Detailed Methodology

2.1Stages of EqIA

2.2Scope / Focus of the EqIA

2.3Evidence Gathering

2.4Assessment of Potential Impacts

2.5Making recommendations

3The Impact Assessment

3.1Assessment of the Newham LIP2

4Conclusions and recommendations

5References

1Introduction

1.1Context of this report

This Equalities Impact Assessment (EqIA) Technical Document has been written as an appendix to the Integrated Impact Assessment (IIA) Report of the London Borough of Newham’s Second Local Implementation Plan (LIP2). It provides the full results of the EqIA, which are summarised in the main body of the SA Report under the topics‘Population and Equality’ and ‘The Local Economy’.

As it is intended as an appendix to the SA Report, this report does not repeat information from the SA. This includes the EqIA baseline / evidence base for assessment which presented in Chapter 6:

  • Section 6.1:Population and Equality
  • Section 6.2: Human Health and Wellbeing
  • Section 6.3: Recreation and Community; and,
  • Section 6.5: The Local Economy

1.2Why carry out an EqIA?

EqIAs help the Council to deliver the best services for all of Newham’s residents through evidence based planning. They save time and money by helping to get things right first time and avoid costly challenges and demonstrate that the Council have given due regard to their equality duties under the Equality Act 2010.

1.2.1Management of the EqIA

Environmental Consultants at Jacobs Engineering UK Ltd have led and been responsible for undertaking the EqIA. The assessment team has also been responsible for carrying out the Strategic Environmental Assessment (SEA) and Health Impact Assessment (HIA). The assessments have been undertaken using informed professional judgement and information obtained from conducting the SEA. The EqIA has been integrated into the SEA and HIA.

1.3Background to the LIP2

The London Borough of Newham is required to produce a Local Implementation Plan (LIP), which stems from the Greater London Authority Act 1999. This year will be the Council’s second LIP since the legislation was enacted – referred to as the LIP2. The purpose of LIPs is to identify how local authorities intend to implement the Mayor of London’s Transport Strategy at a local level.

Newham’s LIP goals and objectives have been developed in consideration of local, regional and national documents, and through consultation and engagement with key stakeholder representatives, political representatives and members of the public within Newham. Nine objectives have been identified along with a number of associated sub-objectives as illustrated in Table 1-1 in Chapter 1 of the main IIA Report.

1.4Policy and Legislative Context

EqIA is a multi-disciplinary process which assesses the impact of the LIP2 on equalities issues, in particular disadvantaged or excluded groups of people. EqIA helps identify where we can best promote equality of opportunity, taking into account stakeholders’ opinions. It identifies and assesses potential impacts of the proposal in order to make recommendations to mitigate potential adverse impacts on the population, enhance potential positive impacts and address inequalities.

In this case, the ‘proposal’ is actually the range of interventions introduced by the LIP2.

The EqIA is a legal requirement under the Equality Act 2006 and 2010, but it is also a way of improving services and driving change. The Act introduces the new concept of protected characteristics which are the six existing equality strands:

  • Age
  • Sex
  • Race
  • Disability
  • Religion or belief
  • Sexual orientation

plus:

  • Gender reassignment
  • Pregnancy and maternity

And some more limited protection around:

  • Marriage and Civil Partnership

As well as being a legal requirement, EqIAs are one of the key tools the Council have to help them achieve their vision and principles.

1

2Detailed Methodology

2.1Stages of EqIA

The EqIAhas been primarily desk-based. It has followed the stages outlined below as recommended by Newham Borough Council’s EqIA template.

Table 21: Stages of the EqIA

Stage A – Strategic Thinking
Decide on the scope of the EqIA – who, what and when?
Stage B – Intelligence gathering
What data/evidence do you have and what more do you need?
Stage C – Judgement
From the evidence what is the impact likely to be and what actions are needed?
Key questions when assessing impact
  • Is there evidence of unlawful discrimination?
Seek legal advice!
  • Could some groups be treated more favourably than others?
Can this be justified?
  • Are some groups affected more than others by the policy?
Is this acceptable?
  • Are some groups at risk of being excluded from the benefits of the policy?
What are the barriers?
  • Are some groups less satisfied with the delivery of the policy than others?
What are the issues and what can be done about them?
  • Does the policy advance equality for any group or groups?
Could more be done to advance equality?
  • Is the policy likely to improve relations between groups?
Could they be further improved?
  • Is there a risk that the policy might worsen relations between groups?
What might be done to prevent this?
Stage D – Publication & review
EqIAs need to be published and a date set for review to monitor the actual impacts of the policy.

There will be a further stage of stakeholder involvement following the publication of this document.

2.2Scope / Focus of the EqIA

The scope of the EqIA looks at how the Plan will affect some groups of society differently, if it promotes equal opportunities and if it fosters good relationships between different groups. The assessment has also considered how the LIP2 has complied with the Equality Act 2010 and if the interventions discriminate on the grounds of the protected characteristics as identified in the table below. For the purposes of this EqIA, we have merged the topics of ‘gender reassignment’ and ‘sexual orientation’.

Table 22:EqIA Strands subject to Assessment and their Characteristics

Protected Characteristics / Elements of Characteristic (identified in Equalities Act 2010)
Age / Discrimination – existing laws banning age discrimination on the grounds of age are extended from just the workplace to goods and services (beneficial age based treatment is allowed i.e. over 60s travel cards).
Disability / Protecting carers from discrimination – protects carers who, for example, are caring for a disabled child or an older relative.
Wheelchair accessible taxis – cannot refuse a licence to an accessible vehicle simply on the basis of having a policy to control taxi numbers.
Reasonable home adjustments – disabled people who live in rented homes have the right to have reasonable adjustments made to communal areas like entrances/hallways, provided they meet the cost.
Disabled young people – schools will have to provide auxiliary aids and services for disabled pupils where reasonable.
Recruitment – unlawful for employers to ask job applicants about disability or health before making a job offer, with specified exceptions to ensure reasonable adjustments to any recruitment assessment.
The principles of Indirect discrimination are extended to disability
Sexual Orientation / Gender / Definition - Revising the definition of ‘gender reassignment’ to make it clear that a trans person does not have to be under medical supervision to be protected from discrimination and harassment.
Young People - Extending protection against gender reassignment discrimination to cover schools. This ensures that schools will have to be even more sensitive to the needs of children who have gender identity issues.
Association - Protecting people who face discrimination because of their association with transsexual people, for example, as their partner.
CivilPartnerships – are now permitted in religious premises but a religious group cannot be forced to host a ceremony (this is subject to public consultation).
Pregnancy and Maternity / Protecting pregnant women and new mothers from discrimination - clarity provided over mothers being able to breastfeed without being asked to leave public places and schools cannot discriminate against pupils who are pregnant or new mothers.
Race / Caste –references to this can be banned where there is evidence it is being used to discriminate against individuals.
Religion / Belief / None Specific.
Sex / Gender pay gap - There is a requirement for public bodies with 150 plus staff to publish their gender pay gap and pay secrecy clauses are banned.
Socio-economic inequality (or class) / None Specific.
All Characteristics / Positive Action – employers can in very specific circumstances can choose to appoint a person from an under represented or disadvantaged group in order to make their workforce better reflect the community they serve – however this is only when all other factors (such as competence, aptitude, experience during an interview or assessment are equal). HR advice should be sought in such circumstances.

A broad scoping of potential impacts of the LIP2 is laid out in the table below. It identifies areas where there need to focus the assessments to understand the potential impacts of the Delivery Actions and Schemes. It also considers people who share more than one protected characteristic e.g. impact of policies on older Muslim women, or disabled people who are Lesbian, gay or bisexual.

Table 23:EqIA Scoping against the LIP2 Delivery Actions and Schemes

Protected Characteristic / Assessment of relevance or potential to impact:
Positive and Negative
High, Medium, Low/No / Reason for this assessment
If Low/No you must provide evidence or a clear explanation of your reasoning.
Age / Medium Positive
Low Negative / Improved accessibility to public transport, services and facilities with a rise in the number of bus stops and pedestrian crossing points can help access for elderly. Schemes promoting School Travel Plans can help young people access educational facilities with greater ease and by more sustainable modes such as active travel.
Parking restrictions such as Residential Parking Zones (RPZs) could reduce access to services and facilities for elderly people who are unable to travel to centres by other means.
Disability / Medium Positive
Low Negative / Improved accessibility to public transport, services and facilities with a rise in the number of bus stops and pedestrian crossing points can help access for people with mobility issues. In particular, Puffin crossings are promoted which help wheelchair users cross roads more safely.
Parking restrictions such as RPZ could reduce access to services and facilities for people with disabilities who are unable to travel to centres by other means.
Sexual Orientation / Gender Reassignment / Medium Positive / Delivery Actions and Schemes look to improve access for all and improve travel safety particularly at night and particularly for vulnerable groups
Pregnancy and maternity / Low Positive / Low positive impacts identified through access improvements via a variety of transport means and enhanced safety.
Race / Medium Positive / Delivery Actions and Schemes look to improve access for all and improve travel safety particularly at night and particularly for vulnerable groups.
Religion / belief / Medium Positive / Delivery Actions and Schemes look to improve access for all and improve travel safety particularly at night and particularly for vulnerable groups
Sex / Low Positive / Delivery Actions and Schemes look to improve access for all by a variety of different means including enhanced interchanges and improved travel safety particularly at night and particularly for vulnerable groups. Women may feel more vulnerable and have a greater fear of crime at night.
Class or socio-economic disadvantage / High Positive / High positive impacts envisaged through improved accessibility to different modes of transport for all. Improvements to the quality of the streetscape in various locations and better safety measures can help reduce social deprivation. This is particularly significant as Newham is one of the most deprived areas in England.

2.3Evidence Gathering

Background information on the nine social strands being assessed under the EqIA has been gathered and can be found within the ‘Population and Equality’, ‘Health and Wellbeing’ and ‘Recreation and Community’ Sections of the IIA Report. In addition to this, extensive baseline information has been used from the LIP2 Document: Chapter 2 – Borough Context.

The data sources have included information from:

  • Newham Annual Residents Survey (NARS)
  • The Liveability Survey
  • Newham Household Panel Survey
  • Focus Groups and Consultation Events
  • Census data
  • Performance data
  • Service user data
  • Analysis of comments and complaints
  • Demographic data / population figures

As well as information from consultation and several other sources, all of which are referenced in the IIA Report.

2.4Assessment of Potential Impacts

The EqIA has considered if the policy in its intention or implementation:

  • Targets or exclude people who share a protected characteristic?
  • Affects some people sharing a protected characteristic more than others?
  • Is likely to be equally accessed by people sharing any of the protected characteristics?
  • Creates or leaves in place barriers to people accessing or benefiting from the policy?

The EqIA has looked to identify both beneficial and adverse impacts of the LIP2 on those sharing any of the protected characteristics and also whether these impacts might be enhanced.

Following the scoping of the assessment and identification of potential areas for differential impact either positive or negative, the following questions have been applied to each of the protected characteristics during the assessment of Delivery Actions and Schemes:

  1. Is there evidence of unlawful discrimination?

– Seek legal advice!

  1. Could some groups be treated more favourably than others?

– Can this be justified?

  1. Are some groups affected more than others by the policy?

– Is this acceptable?

  1. Are some groups at risk of being excluded from the benefits of the policy?

– What are the barriers?

  1. Are some groups less satisfied with the delivery of the policy than others?

– What are the issues and what can be done about them?

  1. Does the policy advance equality for any group or groups?

– Could more be done to advance equality?

  1. Is the policy likely to improve relations between groups?

– Could they be further improved?

  1. Is there a risk that the policy might worsen relations between groups?

– What might be done to prevent this?

2.5Making recommendations

Recommendations have been made in order to maximise potentialbenefits, minimise/avoid negative impacts and reduce inequalities (as identified in Chapter 4). If deemed necessary, we also make recommendations to monitor the health impacts that arise after the implementation of the LIP2. The monitoring would define the populations whose equalities is to be monitored, the aims of the monitoring and questions to answer, and what/how/who to carry out the monitoring. We have made several recommendations for equalities impact monitoring.

1

3The Impact Assessment

3.1Assessment of the Newham LIP2

Table 3-1 identifies the linkages between LIP2 interventions and equalities ‘determinants’ and provides the assessment of the potential equalities impacts of the LIP2, addressing all of the Delivery Actions and Schemes put forward. Where appropriate, we have also proposed measures for maximising potential benefits or mitigating against potential negative impacts.

The assessment uses the eight key questions to guide the process and establish what potential risks or opportunities may occur as a result of the LIP2.

1

Table 31: EqIA Assessment of Delivery Actions and Schemes

EqIA Strand / Age / Disability / Sexual OrientationGender Reassignment / Pregnancy and Maternity / Race / Religion / Belief / Sex / Class or Socio-economic Disadvantage
Delivery Actions (grouped by MTS goal)
Supporting Economic Development and Population Growth / Medium Positive:
The Delivery Actions in this group aim to provide improvements to bus services, particularly where public transport is inadequate. They aim to improve journey time reliability and efficiency, and locate new development where there a reduced need to travel can help improve access for both young and old.
Newham has more young people than the London average and improving transport links can help this group access educational and training opportunities.
Furthermore, improving public transport can help the more elderly to access services and facilities in main centres. / Medium Positive:
Improvements to bus services particularly where PT is inadequate, improving journey time reliability and efficiency and locating new development where there is a reduced need to travel can help improve access.
Further provision could be made to develop better access opportunities to PT for people with disabilities so they can access employment opportunities as easily as more able people. / Low Negative:
Lesbian Gay, Bisexual and Transexual (LGBT) people could be excluded from the benefits of public transport improvement and reliance. It has been identified that LGBT often fear to travel on buses (particularly at night time), and may be made vulnerable to hate crime on buses.
Recommendation:Work with the Police, TfL and bus companies to improve safety and CCTV on buses. Bus staff training may be needed to better address the issue. Work with partners to provide suitable alternatives (e.g. licensed taxi parking) / Low Positive:
The Delivery Actions within this group can help pregnant women and people with pushchairs etc to access services and facilities with greater ease. / Low Positive:
The Delivery Actions within this group can help all people to access services and facilities with greater ease. / Low Positive:
The Delivery Actions within this group can help all people to access services and facilities including places of worship with greater ease. / It is not likely that either sex with benefit more or less than the other and so no potential effects are thought likely. / High Positive: