Warwickshire Police

Background

In 2000, the Race Relations (Amendment) Act 2000 (RR(A)A) was introduced, which put a legal duty on public sector organisations to demonstrate certain elements in the execution of their functions. The specific duties were

• Develop and publish a Race Equality Scheme
• Carry out equality impact assessments
• Carry out monitoring and publish results

In the subsequent years since 2000, equality duties have been extended to cover the strands of sex and disability too. It was felt that the specific duties were overly focused on how organisations carried out their functions as opposed to their results or outcomes. To this end, the new Equality Act 2010 has now significantly shifted the emphasis for organisations like Warwickshire Police. The General and Specific duties

The Equality Act 2010 imposes a duty (known as the public sector equality duty), to have due regard to three specified matters (often referred to as the three arms of the general duty) when exercising their functions. We need to

• Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act
• Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it and
• Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

Within the general equality duty are ‘specific’ duties, which are designed to help authorities achieve each of the three states arms of the general duty. Public authorities that come under Schedule 1 or 2 of the Act have a legal requirement to meet the General and Specific Duties. Warwickshire Police along with many other authorities (including the Association of Chief Police Officers, the Home Office and our current Police Authority), are obliged to:

• Publish information on how the Forces policies, practices and procedures effect people who share a protected characteristic - this is relevant for those employed by the Force as well as the wider public receiving services and
• Publish specific and measurable equality objectives.

The publishing of information does include details of analysis undertaken, the information that was considered in that analysis and details of any engagement or consultation that contributed to the ultimate decision made. As a Force, we feel it is imperative that those personnel responsible for devising policy and guidance stringently test their decisions using a process like impact assessment or equality analysis.

The primary reason for an assessment or analysis process is to ensure that best practice is maintained, but a by-product is that the Force is able to demonstrate transparency and accountability for, and in all, we do.

What is an Equality Analysis?

An equality analysis (EA) is a means of thoroughly and systematically analysing policy, practice, procedure or guidance. EAs focus on outcomes and performance in relation to equality. The Force is required to demonstrate, to those it serves, transparency and must be accountable for the decisions it makes. The primary function of the EA is to determine whether, with the implementation of policy/ procedure/ guidance, there is potential for differential impact upon a relevant group and/or individual. In turn, would that impact be adverse, i.e. would it have a negative impact on groups or individuals in relation to one or more of the equality categories, now referred to as protected characteristics? The protected characteristics are:

• Age
• Disability
• Gender Reassignment
• Marriage & Civil Partnership
• Maternity and Pregnancy
• Race
• Religion or Belief
• Sex
• Sexual Orientation

These nine categories are broad headings and consideration needs to be given to the diversity within each of them. For example, religion or belief includes those with no belief; age encompasses issues affecting older people as well as children and young persons and consideration is being given to Race including caste (meaning hereditary, endogamous (marrying within the group) community associated with a traditional occupation and ranked accordingly on a perceived scale of ritual purity).

An EA seeks to address all protected characteristics whilst maintaining relevance to the document being analysed. The process, if carried out correctly with the right mindset, will allow the Force to be responsive to emerging issues.

In the light of an analysis, if a policy fails to meet the needs of specific groups or has discriminatory outcomes, there are a number of options available for use. The Force could

• Dispense with the policy and start again (effectively go back to the drawing board)
• Make adjustments to avoid the potential adverse impacts or
• Provide justification as to why it is prudent to persevere with the policy, in the full knowledge of the potential for adverse impact.

In conducting an EA there are certain methods and procedures that must be considered:

• Assessing how the policy is likely to affect people from relevant groups: this includes collecting and analysing relevant data.
• Consulting people (especially those likely to be affected by the policy).
• Reviewing and revising the policy in light of the analysis and consultation.

EAs also provide the opportunity (through consultation in particular) to improve the cultural environment for all staff within the Force and improve the effectiveness and equity of our performance in service delivery to all communities.

What do Warwickshire Police equality analyse?

All new policies, procedures and guidance undergo analysis. Existing documents will undergo review on a two or three year basis.

The Force has four main categories which separates the mass of documents held,

• Policing Plan

• Operations
• Policies & Guidance

As the Force works to consolidate its strategic alliance with West Mercia Police, a fifth category will be created to accommodate the analysis conducted in relation to the decisions made here.