Guidance on Cuts, Equality and Fairness

posted: 28/10/2010

In making cuts and changes to services, public bodies have to obey equality law. Equality law does not prevent public bodies from making difficult decisions about reorganisation, relocation, redundancies, and service cuts, nor does the law stop public authorities from making decisions that may affect one group more than another.

A Must: Equality Impact Assessments
But the public equality duties do enable public authorities to show they are making decisions in a fair, transparent and accountable way, considering the needs and the rights of different members of their community.

The law says public bodies have to carry out an assessment of the impact that changes to policies, procedures and practices could have on different equality groups. These assessments help public bodies make better decisions, based on robust evidence. Public bodies must then 'have regard to' the impact any changes and cuts would have on sections of the community protected by equality law.

The assessment does not have to be a document called an Equality Impact Assessment, although this is what the Equality and Human Rights Commission recommends, as it helps public authorities:

• ensure they have a written record of the equality considerations they have taken into account
• ensure that their decision includes a consideration of the actions that would help to avoid or mitigate any unfair impact on particular equality groups
• make their decisions based on robust evidence
• make the decision-making process more transparent
• comply with the law.

If an Equality Impact Assessment is not done, then the public body must use an another method to systematically assess any adverse impact of a change in policy, procedure or practice.

It is a legal obligation which should remain a top priority, even in times of economic difficulty. Failure may result in authorities facing costly, time-consuming and reputation-damaging legal challenges.

The Equality and Human Rights Commission has launched a short guide to help put fairness and transparency at the heart of the difficult financial decisions through meeting the legal obligation to assess equality impact. The guide covers:

• What the law requires now
• What the law requires from April 2011
• Guidance (for practitioners and decision-makers)
• Relevant case law
• Best practice examples
• FAQs Public authorities and service providers
• FAQs Service users and organisations

Short Guide

Full details

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