Guidance on equality analysis

Annex 2

City of York Council

Equalities Impact Assessment

Who is submitting the proposal?

Directorate:		Public Health
Service Area:		Physical Activity and Sport
Name of the proposal :		Physical Activity and Sport Strategy
Lead officer:		Leigh Bell Fiona Phillips
Date assessment completed:		15/03/2022
Names of those who contributed to the assessment :
Name	Job title		Organisation	Area of expertise
Leigh Bell	Public Health Specialist Practitioner		CYC	Public Health
Fiona Phillips	Assistant Director Public Health		CYC	Public Health
Andy Laslett	Strategic services manager		CYC	Communities
George Cull	Head of Development		North Yorkshire and York Sport (Managed public/professionals consultations)	Sport and Physical Activity
Francesca Speck	Public Health Officer		CYC	Public Health

Step 1 – Aims and intended outcomes

1.1

What is the purpose of the proposal?

Please explain your proposal in Plain English avoiding acronyms and jargon.

This is a strategic document setting out the vision and actions to meet the ambition of improving health and wellbeing through exercise

1.2	Are there any external considerations? (Legislation/government directive/codes of practice etc.)
	Public Health are strategically responsible for improving the health and wellbeing of York residents, this is set out in national guidance and public health grant terms and conditions

1.3

Who are the stakeholders and what are their interests?

York residents who wish to improve their health through Physical Activity

The professional partners in sport, health, planning, education and active travel

1.4

What results/outcomes do we want to achieve and for whom? This section should explain what outcomes you want to achieve for service users, staff and/or the wider community. Demonstrate how the proposal links to the Council Plan (2019- 2023) and other corporate strategies and plans.

The overarching aim of this strategy is to improve the mental and physical wellbeing of citizens and reduce inequalities in York through a culture of being physically active. The Chief Medical Officer produces guidelines on the amount of physical activity people should undertake on a daily basis in order to maintain or improve their physical and mental health. The benefits of physical activity are well documented, and by increasing the number of people in York following the CMO guidance we aim to:

Reduce the incidence of stroke and heart disease

Prevent and manage a number of long term physical health conditions, such as diabetes, heart disease, back pain, arthritis, asthma, dementia, etc.

Prevent and manage a number of mental health conditions, such as depression and anxiety, stress, low self-esteem, etc.

Improve general feelings of wellbeing and reduce social isolation in our population.

In the May update to the Council Plan the local authority reiterated its commitment to supporting the best quality of life for ‘our residents’, especially those who educational, health and economic outcomes could be improved. The plan includes a number of key performance indicators including:

a. Good Health and wellbeing, and

b. A better start for children and young people which includes the

reduction of health inequalities. Both of the key indicators are affected and enhanced by access to and participation in physical activity.

The strategy impacts on elements of the council plan such as giving children the best start in life by working with a range of partners to develop activities such as holiday activities, bike ability etc. This strategy dovetails with the healthy weight strategy published previously.

To improve the health and wellbeing of York residents through active lifestyles. It is difficult to specifically isolate improvements in cardio vascular disease presentation or diabetes although these can be positively impacted by a reduction in sedentary behaviours in a population. The Strategy takes a life course approach and aims for relative and appropriate improvements at each stage of life.

Step 2 – Gathering the information and feedback

2.1	What sources of data, evidence and consultation feedback do we have to help us understand the impact of the proposal on equality rights and human rights? Please consider a range of sources, including: consultation exercises, surveys, feedback from staff, stakeholders, participants, research reports, the views of equality groups, as well your own experience of working in this area etc. The chief medical officers guidance[i] forms the backbone of evidence for this strategy: “Since 2011, the evidence to support the health benefits of regular physical activity for all groups has become more compelling. In children and young people, regular physical activity is associated with improved learning and attainment, better mental health and cardiovascular fitness, also contributing to healthy weight status. In adults, there is strong evidence to demonstrate the protective effect on physical activity on a range of many chronic conditions including coronary heart disease, obesity and type 2 diabetes, mental health problems and social isolation. Regular physical activity can deliver cost savings for the health and care system and has wider social benefits for individuals and communities. These include increased productivity in the workplace, and active travel can reduce congestion and reduce air pollution” A range of data sources were used to inform the understanding of need, this was balanced with consultations, feedback and relevant “what works” research.
Source of data/supporting evidence		Reason for using
Public Health fingertips		This gives a population overview of the population of York compared to similar cities and the national averages
School surveys		This gives an understanding of the profile of school age children, their views and participation in activity. This includes demographic breakdown related to the equalities act.
National Active Lives Children’s and Adults Survey		These are Official National Statistics (ONS) and provide insight in to physical activity and sports participation levels and understanding around the benefits. The surveys are also annual.
Interviews and focus groups		To understand the views of a broad range of stakeholders within, and beyond, the ‘sector’. The breath of conversations helped to understand more about people who are not active.
Consultative Process		North Yorkshire Sport have worked with stakeholders and groups in the city to understand the challenges and priorities and to align the role of being physically active to be considered as part of the response to these challenges. There have been regular feedback loops to the public health team and other stakeholder.
Formal Consultation		CYC launched a formal consultation on the strategy in 2021 and used the responses to modify the strategy and consider the views of the public.
Equality and human rights commission EHRC governance guidance on single sex spaces.		https://www.equalityhumanrights.com/en/advice-and-guidance/separate-and-single-sex-service-providers-guide-equality-act-sex-and-gender
Chief Medical Officer CMO guidance		UK Chief Medical Officers' Physical Activity Guidelines 2019[ii]
Sports England Guidance		https://www.sportengland.org/corporate-information/equality-and-diversity https://www.sportengland.org/campaigns-and-our-work/equality-and-diversity

Step 3 – Gaps in data and knowledge

3.1	What are the main gaps in information and understanding of the impact of your proposal? Please indicate how any gaps will be dealt with.
Gaps in data or knowledge		Action to deal with this
There is a documented gap in knowledge around the “fairness” and “safety” of males (sex classified) competing in female categories (by gender self-identification) within competitive and formal sports.		This is a national issue and one that cannot be reasonably concluded locally. The governance body for each sport is obliged to consider their position and advise clubs based on the framework available nationally, this has to be applied in each case locally.

Step 4 – Analysing the impacts or effects.

4.1	Please consider what the evidence tells you about the likely impact (positive or negative) on people sharing a protected characteristic, i.e. how significant could the impacts be if we did not make any adjustments? Remember the duty is also positive – so please identify where the proposal offers opportunities to promote equality and/or foster good relations.
Equality Groups and Human Rights.		Key Findings/Impacts	Positive (+) Negative (-) Neutral (0)	High (H) Medium (M) Low (L)
Age		A life course approach to the strategy has been considered in its development and actions tailored to meet the needs of each demographic in terms of age.	+	M
Disability		Consultation has taken place and specific considerations given to ensuring disability friendly activity is included within the aims	+	M
Gender		Specific consideration relating to women in sport has been incorporated into this strategy. “This girl can” being one element of the implementation	+	M
Gender Reassignment		People undergoing gender reassignment process are not noted as been under represented in physical activity when compared to other groups in society. However there is evidence to suggest those undergoing gender reassignment do encounter perceived negative impact in formal, organised and competitive sports. Each sporting body has a legal requirement to ensure those undergoing gender reassignment are able to access formal and competitive sport in an appropriate way. This legal requirement compels each governing body to take into consideration a range of measures such as physical safety, fairness and safeguarding when deciding who can and cannot compete in which sex category. This assessment allows for lawful exclusion of some trans gender people from competitive sports outside of their original documented sex, this is regardless of social status relating to gender re assignment or self-identification. Particularly impacted are those with a male sex classification who live as female. They can be lawfully prevented from competing in a female category and therefore must compete in a male sex category if they wish to compete. The basis for this is scientifically dictated to a range of criteria to assess safety. This can be relating to differences in hormone exposure and growth of male’s v females making some sports exclusive to the sex category rather than gender or change of classification of sex. In grass roots sports this includes excluding biological males from female changing areas based on sex not gender and regardless of Gender Recognition Certification and changed documentation. Whilst there is an impact which could be perceived as negative, this assessment rates the impact of the strategy as low “The proposal has consequences for or affects few people” and neutral on the basis that the strategy itself will not have a change of impact in itself, the impacts are due to external factors which a local strategy will not change.	0	L
Marriage and civil partnership		There is no direct impact on residents within this category.		L
Pregnancy and maternity		Chief medical officer guidelines make specific recommendations for pregnancy and activity, the strategy takes these into account.	+	L
Race		Differences in ethnicity and race were considered when looking at the available evidence and data Locally the ambition is that local sports providers would be supported to adopt national campaigns and ensure equity of access to we should add here about national campaigns such as kick race out of football etc, Using the sports England guidance relating to inclusive sport.	+	L
Religion and belief		There is no direct impact on residents within this category.	+	L
Sexual orientation		LGB residents are often underrepresented in sports and activity, some inclusive teams in the city and the strategy reflects this and supports their development	+	M
Other Socio-economic groups including :		Could other socio-economic groups be affected e.g. carers, ex-offenders, low incomes?
Carer		Carers, particularly young carers are often unable to access organised activities and sport, the strategy acknowledges this within its design and action plan	+	M
Low income groups		A number of initiative within the strategy target those who find finances a barrier to exercise and sport	+	M
Veterans, Armed Forces Community		There is no direct impact on residents within this category.	+	L
Other
Impact on human rights:
List any human rights impacted.		There is no direct impact on residents within this category.	+	L

Use the following guidance to inform your responses:

Indicate:

- Where you think that the proposal could have a POSITIVE impact on any of the equality groups like promoting equality and equal opportunities or improving relations within equality groups

- Where you think that the proposal could have a NEGATIVE impact on any of the equality groups, i.e. it could disadvantage them

- Where you think that this proposal has a NEUTRAL effect on any of the equality groups listed below i.e. it has no effect currently on equality groups.

It is important to remember that a proposal may be highly relevant to one aspect of equality and not relevant to another.

High impact

(The proposal or process is very equality relevant)

There is significant potential for or evidence of adverse impact

The proposal is institution wide or public facing

The proposal has consequences for or affects significant numbers of people

The proposal has the potential to make a significant contribution to promoting equality and the exercise of human rights.

Medium impact

(The proposal or process is somewhat equality relevant)

There is some evidence to suggest potential for or evidence of adverse impact

The proposal is institution wide or across services, but mainly internal

The proposal has consequences for or affects some people

The proposal has the potential to make a contribution to promoting equality and the exercise of human rights

Low impact

(The proposal or process might be equality relevant)

There is little evidence to suggest that the proposal could result in adverse impact

The proposal operates in a limited way

The proposal has consequences for or affects few people

The proposal may have the potential to contribute to promoting equality and the exercise of human rights

Step 5 - Mitigating adverse impacts and maximising positive impacts

5.1

Based on your findings, explain ways you plan to mitigate any unlawful prohibited conduct or unwanted adverse impact. Where positive impacts have been identified, what is been done to optimise opportunities to advance equality or foster good relations?

The strategy has perceived and researched positive impact on York residents. Taking a broad and inclusive life course approach. There is no identified unlawful prohibited or unwanted adverse impact in the strategic aims.

The potential neutral impact outlined in the analysis is beyond the scope of this strategy to mitigate without lawful challenge against CYC and follows national guidance in its current format.

Step 6 – Recommendations and conclusions of the assessment

6.1	Having considered the potential or actual impacts you should be in a position to make an informed judgement on what should be done. In all cases, document your reasoning that justifies your decision. There are four main options you can take:
- No major change to the proposal – the EIA demonstrates the proposal is robust. There is no potential for unlawful discrimination or adverse impact and you have taken all opportunities to advance equality and foster good relations, subject to continuing monitor and review.
- Adjust the proposal – the EIA identifies potential problems or missed opportunities. This involves taking steps to remove any barriers, to better advance quality or to foster good relations. - Continue with the proposal (despite the potential for adverse impact) – you should clearly set out the justifications for doing this and how you believe the decision is compatible with our obligations under the duty - Stop and remove the proposal – if there are adverse effects that are not justified and cannot be mitigated, you should consider stopping the proposal altogether. If a proposal leads to unlawful discrimination it should be removed or changed. Important: If there are any adverse impacts you cannot mitigate, please provide a compelling reason in the justification column.
Option selected		Conclusions/justification
No major change to the proposal – .		The EIA demonstrates the proposal is robust. There is no potential for unlawful discrimination or adverse impact and you have taken all opportunities to advance equality and foster good relations, subject to continuing monitor and review

Step 7 – Summary of agreed actions resulting from the assessment

7.1	What action, by whom, will be undertaken as a result of the impact assessment.
Impact/issue		Action to be taken	Person responsible	Timescale

Step 8 - Monitor, review and improve

8. 1

How will the impact of your proposal be monitored and improved upon going forward? Consider how will you identify the impact of activities on protected characteristics and other marginalised groups going forward? How will any learning and enhancements be capitalised on and embedded?

The strategy and action plan has a governance group which will take this into consideration in the review processes

City of York Council

Equalities Impact Assessment

- Adjust the proposal – the EIA identifies potential problems or missed opportunities. This involves taking steps to remove any barriers, to better advance quality or to foster good relations.