An impact assessment is a method by which organisations can examine their activities and services to ensure there is no potential for discrimination against a particular group, for example black and minority ethnic people, disabled people and women or men.

The aim of impact assessments is to examine functions, policies, provisions, criteria and practices in a structured way to make sure that disproportionately adverse effects on a particular group or groups are avoided.

It is also a tool to enable organisations to assess what positive action they can take to promote equality of opportunity and to anticipate the requirements of all their service users and staff. Positive outcomes of interventions to address inequalities should also be measured.

 

What is the legal requirement for impact assessments?

Disability

The Disability Discrimination Act 1995 has been amended by the Disability Discrimination 2005 so that from December 2006, there is a legal requirement is to carry out to promote disability equality. This General Duty means that the Constabulary and other public authorities must have due regard to the need to;

  • eliminate unlawful discrimination
  • eliminate unlawful harassment
  • promote equality of opportunity
  • take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably
  • promote positive attitudes towards disabled persons
  • encourage participation by disabled persons in public life.

One of the most significant elements of the new legislation is the emphasis on involvement of disabled people at all stages. This will include disabled staff, service users, and disability organisations such as the Norfolk Collation of Disabled People; Disability Forums and People First.  This involvement must:

  • be at an early stage
  • be influential and meaningful
  • be focussed
  • cover relevant stakeholders
  • use accessible mechanisms
  • be proportionate
  • apply at all stages of the impact assessment process.

Impact assessments provide the opportunity to go beyond ‘reasonable adjustments’ and ‘non-discrimination’ to focus on organisational, change not individual adjustments, and includes the obligation to;

  • addressing institutionalised disability discrimination
  • encourage participation of disabled people in decision making process
  • giving due regard to disability equality when making decisions in future
  • taking action to address poor quality decisions in the past. 

The Act focuses on the social model of disability, which was developed by disabled people. The social model of disability looks for ways to remove barriers.  It aims to give everyone choice and control over their own lives so that everyone can have a fulfilling life.

 

Gender

Under the Equality Act 2006 (to be implemented from April 2007) there is a duty to promote gender equality, including carrying out impact assessments on policies and practices to assess if there is any adverse impact on either men or women. 

The aim of this is to take proportionate action to ensure all policies eliminate discrimination and harassment and to adapt them in order to promote gender equality.  Impact assessments will enable us to build gender equality into the core business thinking and processes.

 

Race

Under the Race Relations (Amendment) Act 2000 the legal requirement is to carry out impact assessments on all policies to assess if there is any adverse impact on particular racial groups. 

Impact assessments also provide the opportunity to meet our general duty under the Act to:

  • eliminate unlawful racial discrimination
  • promote equality of opportunity 
  • promote good relations between persons of different racial groups
     

Religion or Similar Belief; Sexual Orientation and Age

Good practice is, at the same time as you assessing for adverse impact on particular racial groups, disabled people, and in relation to gender, to also consider adverse impact for other reasons, for example age, religion or similar belief and sexual orientation. 

There are likely to be multiple impacts – for example gender and faith or belief, disability and age, race and disability. 

 

Customer care

Equality impact assessments are a useful tool in achieving a customer focus and meeting the ACPO Quality of Service Commitment.  They do not have to cover large areas of work, nor do they have to be very time consuming. 

You may already have the evidence you need to assess a policy on whether it has an adverse impact on any particular group.

 

Police reform

Equality impact assessments will facilitate the key strands of police reform:

  • confidence and equality
  • neighbourhood policing
  • citizen focus
  • workforce modernisation

 

 

Institutional barriers

In a similar way that institutional racism impacts on the service we provide to people because of their colour, culture or ethnic origin, institutional barriers impact on the service we provide to people because of their impairments; gender; religion or similar belief; sexual orientation or other differences. 

These barriers can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and stereotyping which disadvantage people.

 

Social model of disability

The social model of disability, which was developed by disabled people who say:

  • disability is caused by the way society is organised, not by a person’s impairment or difference
  • people with impairments or differences are disabled because of physical or social barriers found in society
  • barriers are found in education, work, leisure and public services when they are not designed or organised to be accessible to everyone including all disabled people
  • barriers are solo found in people’s attitudes, and their belief in stereotypes and prejudices that lead to unfair treatment for people with impairments or differences.

These barriers lead to discrimination against people with impairments or differences.

 

Links with other equality strands

It is important that an overarching impact assessment framework and methodology is used for all the equality strands, although the actual impact assessments may be carried out separately and different people may be involved. 

It is vital that each of the strands can be clearly identified within the assessment process and findings. It should also be remembered that people may be affected by several different strands - for example disability and gender, age or race; or disability and sexual orientation or faith and belief. 

Disability Impact Assessments require the involvement of disabled people at all stages of the process.  

 

How to prioritise which functions or policies to assess.

In order of priority:

  • All new functions and policies, including proposed withdrawal of a service 
  • Functions and policies to which substantial change is proposed
  • Existing functions and policies that have the potential for an adverse impact as identified during the mapping [testing for relevance] stage 
  • All other functions and policies.