Equalities Impact Assessment (EIA) on the Kennet and Avon (K&A) Canal Towpath Mooring Plan

Equalities Impact Assessment (EIA) on the Kennet and Avon (K&A) Canal Towpath Mooring Plan.

The Canal & River Trust (CRT) has undertaken this EIA on the proposed mooring plan for the K&A to assess each proposals potential impact on equalities groups. Whilst the Trust is not a named “public authority” for the purposes of the Equality Act 2010 (and the Specific Duties Regulations that flow from the Act), we recognise that we do exercise some public functions as a navigation authority, and in respect of boating and mooring on our waterways and are subject to the general public sector equality duty under section 149(1) namely to;

eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;
advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The Trust is currently developing an approach to demonstrate how we meet this general duty, which includes an assessment of our boating and mooring policies with regard to the impact of these policies on those “protected characteristics” (such as disability, age etc) in the Act.

1. What is the name of the policy or service that is being assessed?

Kennet & Avon Towpath Mooring Plan (TMP)

2. What are the aims of the policy or service? Whose needs is it designed to meet? What are the current priorities?

The aim of the TMP is to ensure fair access to the K&A canal for all users. Boaters (including those with home moorings, continuous cruisers, trade boaters and hire boaters) are the group whose needs the TMP is primarily seeking to meet. However, the needs of other waterway users including anglers, canalside businesses and residents neighbouring the canal will also be addressed through the plan.

3. In what ways might this policy or service affect some groups of people differently? Might some groups find it harder to access the service? Do some groups have particular needs that are not well met by the current policy or service?

The TMP is seeking to achieve a voluntary agreement that all boaters will support and adhere to. The proposal includes the following key elements:

Produce guidance that provides a clear understanding of what is expected of boaters using the K&A, boaters that adhere to the guidance would not attract enforcement action from CRT.
Subject to consultation findings (carried out between 29 August – 29 November) undertake a 12 month pilot of the TMP (see details in appendix 1).

Some boaters may be affected more by the proposed TMP, for example those with disabilities or limited mobility which makes regular navigation more challenging and those with issues that require them to moor close to a specific location for access to medical treatment or schools for children.

4. What evidence do you have for your judgement? Is there evidence of public concern (e.g. complaints)? Have staff raised concerns? Is there local or national research to suggest that there could be a problem?

Over the past ten years there has been a significant rise in the number of boats using the waterways network(between xx and xx the number of boats licensed by CRT has grown by xx). This rise has been particularly noticeable on the KA canal since its restoration and reopening in the 1990s the waterway has become popular amongst boaters. The increase in boats using the K&A is evidenced by sightings completed by CRT enforcement staff (and British Waterways prior to CRT) and by an increase in complaints related to number of boats moored for longer periods than permitted on the K&A.

5. Who have you consulted with as part of your assessment? What were the results? Have you published the results of that consultation? If so where?

There has been lengthy consultation. The TMP has been drawn up by a working group made up of interested parties including boaters and other stakeholders’connected to the K&A. A small sub-group of the Waterways Partnership worked with CRT to develop the consultation document. A consultation on the TMP has been carried out between 29 August and 29 November, nearly 3000 stakeholders were targeted and invited to take part in the consultation.Xx completed consultation surveys were received (a response rate of approximately xx%).

6. If you have found that the policy or service might have an adverse impact on a particular group of people, can you justify this?

Some stakeholders may be impacted by certain elements of the plan, for example continuous cruiser boaters with disabilities or limited mobility may find the requirements to move every 14 days, even though this is a condition of their licence agreement. This requirement is justified as allowing some boaters to moor for longer than this period would equally impact on other disabled boaters who do abide by the movement requirements of their license but who find it hard to find appropriate moorings that are suitable for them to moor at if these are occupied by those who are staying beyond their permitted mooring time.

If a boater feels that they have ‘reasonable circumstances’ which requires them to moor longer than the maximum of 14 day (or shorter if in a visitor mooring) then it is proposed that a panel of boaters and other stakeholders from the Waterways Partnership would review these cases and advise CRT staff of their findings. This would build confidence in boaters that such cases were considered fairly, independently and on the merits of the case. This panel may also help respond to issues from the TMP that affect equalities group, but which have not been anticipated.

7. If the impact cannot be justified, what do you intend to do about this? Are there changes that you could introduce which would make the policy or service work better for this group of people? Is further research or consultation required?

As set out above, it is proposed that the panel of boaters will be formed to review and offer advice on what ‘is reasonable in the circumstances’ where boats are moored longer than 14 days or the permitted mooring time.

8. How will you monitor the take-up or impact of the policy or service in future?

A 12 month pilot of the plan is proposed. This will be monitored and reviewed during and after the pilot to assess any adverse impact on any groups. A series of key performance indicators (KPIs) will be agreed with and regularly reported to the Waterways Partnership. Where adverse impacts on equalities groups are identified, these will be reviewed and where possible actions taken to mitigate any negative impact.

9. What actions do you plan to take as a result of this equality impact assessment? Please state any resource implications

As a result of this EIA (and feedback from the consultation) the TMP will be reviewed and any additional measures that can help reduce any adverse impacts will be incorporated prior to the commencement of the TMP 12 month pilot. These measures will be subject to available resources and may be implemented upon request (for example requests for copies of the TMP guidance in other formats such as large print or Brail). Specific actions that will be taken as a result of this EIA (to be agreed by the Waterways Partnership) include:

A review of disabled moorings on the western section of the K&A and the implementation of any adjustments to meet the needs of disabled boaters within next 12 months (sooner than the TMP proposes and changed to visitor moorings).
Clarify the role of the boater sub group on advice on issues related to equalities groups (this will be clarified through the creation of terms of reference for the group).

10. There is a legal requirement to publish the outcomes of Equality Impact Assessments. Please outline how / where this will happen.

This will be published on the CRT website alongside a summary of findings from the consultation. It is anticipated this will be published in December 2013 after the consultation responses have been assessed.

11. Name of person completing form

Matthew Symonds, Boater Liaison Manager (South)

12. Senior manager approval

Sally Ash (Head of Boating)

The Equalities Act makes it against the law to discriminate against anyone because of the following protected characteristics: Age, being or becoming a transsexual person, married/civil partnership, being pregnant or having a child, disability, race including colour, nationality, ethnic or national origin, religion, belief or lack of religion/belief, sex, sexual orientation.

Equality Impact Assessment – Appendix 1

Key proposal in the Towpath Mooring Plan: Visitor Moorings

No changes to existing visitor mooring (VM) location or linear length for 12 months.
Visitor moorings to remain free for first 48 hour.
All boats (except hire/hotel boats) restricted to 4 days per month at each VM
Hire/holiday boats requested to display ‘under hire’ notice.
£25 ‘extended stay charge’ introduced for each additional day after free period on VM.
Pre-payment options for payment of any extended stay charge.
Debts for extended stay charges for VM separate from license fee.

Potential impact on equalities group (protected characteristic) and possible mitigation (‘positive action’):
Potential impact:The current visitor moorings (VM) on the K&A are 24, 48 or 72 hour, almost all of the hard standing moorings are visitor moorings. The restricted stay times may make mooring difficult for disabled boaters those with limited mobility (for example older people or pregnant women) who find hard standing moorings much more accessible, as the impact of reducing free mooring on all VM to 48 hours may mean these boaters have to move more frequently. Most general mooring sites on the K&A (i.e. those not designated as visitor or permanent moorings) are soft bank and more difficult to negotiate from the boat to the bank if someone has limited mobility or for example uses a mobility a scooter. Implementing a blanked ‘free for first 48 hours on VM and the proposal not to change existing moorings for 12 months may disproportionately affect disabled boaters and prevent ‘reasonable adjustments’ to meet the needs of these boaters.
Possible mitigation:It would be advisable to undertake a review of disabled access to visitor moorings sooner 12 months. It would also be advisable to continue to consider individual ‘reasonable circumstances’from disabled boaters to moor for periods longer than 14 days/permitted stay time as they arise.
Potential impact: Restricting ‘free mooring’ on VM to the first 48 hours could act as a barrier to disabled boaters who may feel they have to move more frequently than they had previously when some VM were free for 72 hours.
Potential mitigation: Extended free mooring period on VM could be permitted for disabled boater, some of these moorings could be considered for the creation of additional disabled mooring. These issues would be considered through a review of disabled moorings on the K&A.
Potential impact:The request to display an ‘under hire’ sign may lead to some groups such as women or older people feeling vulnerable, as they would be easier to identify as occasional and potentially less experienced boaters and possibly open to anti-social behaviour.
Possible mitigation: Under hire signage could be replaced with ‘not under hire’ signs which could be displayed on boats by the hire boat firms rather than the emphasis being placed on the hire boat user.
Proposal in the Towpath Mooring Plan: Needs of anglers

Need for pegging space included in local guidance
Need for boaters to leave space between moorings for angers included in local guidance.

Potential impact on equalities group (protected characteristic) and possible mitigation (‘positive action’):
Potential impact: Leaving additional room for pegging space could restrict access to some mooring sites that are suitable for disabled boaters (for example hard edges).
Possible mitigation: Reviewing and re-signing disabled mooring on the K&A would help identify spaces where pegging space should be avoided, with priority given to disabled mooring in these locations.
Proposal in the Towpath Mooring Plan: Accommodating boaters existing lifestyles.

Clarification and consistent implication of local guidance
Community moorings not introduced
Exceptional circumstances of need (to remain moored longer than permitted in one place) assessed on a case by case basis.

Potential impact on equalities group (protected characteristic) and possible mitigation (‘positive action’):
Potential impact: Some boaters may have limited eyesight or English may not be their first language. It is important that this is considered when guidance is produced and implemented.
Possible mitigation: Guidance should be produced in plain English with font size no less than point 14.Large print versions should be available upon request.
Potential impact: Community moorings may have provided an option for some boaters to navigate shorter distances, this may have been advantageous for boaters with close local ties (for example children in schools, elderly or unwell relatives living nearby).
Possible mitigation: New and alternative options that would enable boaters with a close connection to the area to be able to navigate within a shorter area could be explored (for example additional permanent moorings).Clear guidance will enable boaters to plan their navigation whilst meeting the TMP requirement without the need for community moorings. Winter Mooring options (with options to remain moored for 1, 3 or 5 months) have been revised and implemented making them more flexible and affordable.
Potential impact: Assessing exceptional circumstances on a case by case basis rather than publishing some clear guidance on acceptable/inacceptable reasons for exceptional circumstances to moor may cause some confusion and possibly lead to some groups with exceptional circumstances from not continuing to cruise even though this is more difficult for them.
Possible mitigation: Clear guidance could be published on what constitutes exceptional circumstances, whilst still allowing cases to be considered individually.
Proposal in the Towpath Mooring Plan: Local guidance.

Continuous cruiser boaters required to move every 14 days.
Boaters agree to vary the places they select to moor, and each time they move they agree not to move back to the place they have just come from (unless they are reversing the direction of travel or momentarily accessing essential services).
Boaters do not ‘bridge hop’ (i.e. move back and forward over a short distance and/or between a small number of mooring places in close proximity to one another).
A table of ‘places’ produced to accompany advice given in extant guidance.

Range of movement to exceed 20km over period of boaters license.
Potential impact on equalities group (protected characteristic) and possible mitigation (‘positive action’):
Potential impact:Continuous cruisers who are older or those with disabilities may find it difficult to maintain movement of their boats every 14 days.
Possible mitigation: Reviewing and resigning disabled mooring on the K&A may provide additional more frequent mooring spaces for older and disabled boaters to use.
Proposal in the Towpath Mooring Plan: Communication

Signage and printed literature to reflect local guidance.
Boaters encouraged to ‘self-declare’ movement intentions (i.e. intention to move on x date)
Anonymous cruising records published.
Individual boaters able to access their own cruising records.
Local Waterways Partnership (LWP) to evaluate progress on implementation of mooring plan.
Local guidance, enforcement documentation and license renewal forms incorporate local guidance.

Potential impact on equalities group (protected characteristic) and possible mitigation (‘positive action’):
Potential impact: Time and cost constraints mean that It is likely that cruising records may only be available online, this may make it more difficult for some with limited knowledge of or access to the internet view cruising records.
Possible mitigation: Upon request, free printed copies of cruising records could be provided to equalities groups potentially impacted by only providing online access to cruising records.
Proposal in the Towpath Mooring Plan: Compliance.

14 day rule enforced fairly and consistently.
Panel of boaters convened to access ‘reasonable in the circumstances’ in each case stating cause to stay for more than 14 days.
Enforcement action only to be taken against boats disregarding local guidance.
Points system considered for used alongside/as an alternative to enforcement action.

Potential impact on equalities group (protected characteristic) and possible mitigation (‘positive action’):
Potential impact: Blanket enforcement of the 14 day rule to all groups may disadvantage some groups who cannot move for example people who need to be close to medical services including women in advanced stages of pregnancy and disabled people requiring medical treatment.
Possible mitigation: Individual cases to be considered on an individual basis.