Cartref Lodge Associates
Northampton Borough Council
Equality Impact Assessment
Tenancy Strategy
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April 2012
Equality Impact Tenancy Strategy
Part 1: Screening
When reviewing, planning or providing services Northampton Borough Council needs to
assess the impacts on people. Both residents and staff, of how it works - or is planning to –
work (in relation to things like disability). It has to take steps to remove/minimise any harm it
identifies. It has to help people to participate in its services and public life. “Equality Impact
Assessments” (EIAs) prompt people to think things through, considering people’s different
needs in relation to the law on equalities. The first stage of the process is known as
‘screening’ and is used to come to a decision about whether and why further analysis is –
or is not – required. EIAs are published in line with transparency requirements.
A helpful guide to equalities law is available at: www.northampton.gov.uk/equality. A few
notes about the laws that need to be considered are included at the end of this document.
Helpful questions are provided as prompts throughout the form.
Name of policy/activity/project/practice
Tenancy Strategy
This is an existing activity being updated to
meet new statutory requirements
2. Screening undertaken (please complete as appropriate)
Fran Rodgers Head of Strategic Housing
Director or Head of Service
Jane Abraham – Strategy Project Manager
Lead Officer for developing the
policy/activity/practice
Other people involved in the screening (this Lauren Humber –Housing Strategy &
Performance Officer
may be people who work for NBC or a
Garry Parsons- Housing Strategy &
related service or people outside NBC)
Performance Manager
Peter Camp Cartref Lodge Associates
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3 Brief description of policy/activity/project/practice: including its main purpose, aims,
objectives and projected outcomes, and how these fit in with the wider aims of the
organisation..
The strategy is intended to provide guidance for social housing providers with stock in
Northampton to frame consistent policies on granting and renewing tenancies across the borough.
It is designed to provide transparency, allowing local people to understanding clearly how their
council and local housing associations will respond to the housing needs and priorities of the
communities they serve.
The strategy is to ensure that the social housing stock in the borough is used as effectively as
possible to provide homes for Northampton residents in housing need who are unable to secure a
home for themselves in the private sector.
The strategy aims to encourage tenants to take control of their lives by providing support when it is
needed in a time of crisis and help them move into market housing once their situation has
improved.
4) Relevance to Equality and Diversity Duties
Are there any aspects, including how it is delivered, or accessed, that could contribute to
inequalities? (This should relate to all areas including Human Rights.)
Yes
Please explain
The lack data underpinning the new strategy means that it is not possible at this time to properly
evaluate with any certainty what impact the Tenancy Strategy has on the various equality groups
and whether some customers may be disadvantaged. The strategy identifies various areas for
concern but cannot evidence the situation as data does not exist to allow this.
If you have indicated there is a negative impact on any group, is that impact:
Legal?
Please explain:
The Tenancy Strategy is designed to meet the housing needs of all of its customers regardless of
their age, ethnicity, religion, sexual orientation, gender or disability. Nevertheless there is evidence
to suggest that the service may not fully meet the needs of the diverse client group.
Whilst there may be evidence to suggest that not all the needs of the diverse client group are being
met, there is currently no evidence to suggest that any legal requirements are being breached,
However, the lack of good quality data and monitoring material means that insufficient is known
It is essential therefore that prior to the policy and practice being finalise there is full and detailed
consultation with both residents and ,stakeholders and other interested agencies
•Is it linked to NBC’s Corporate Plan? Service Plan? Other?
Yes
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Please explain:
The aims and outcomes support a number of other council policies and initiativesThe Council's Corporate Plan 2009-2012 prioritises ;
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Safer greener and cleaner communities
Housing ,Health and wellbeing
A Confident, Ambitious and Successful Northampton
Partnerships and community engagement and
A well-managed organisation that puts customers at the heart of what it does
The Tenancy Strategy underpins all these strategic aims as it determines alongside the Allocation
Strategy who access affordable housing the type and length of tenancy they hold and how they
impact upon the Community
There are several themes running through the Councils contextual plans and issues, which develop
as a golden thread and which have been taken into account when developing the Strategic
Priorities for housing.
The long-term outcomes the Council want to achieve are:
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People provided with timely advice and information to
enable them to make informed choices
Local housing needs provided for
The Decent Homes standard met
Vulnerable people supported with their housing needs
Future developments informed by the views of all local
people
The Housing Strategy 2010-2015
The vision that Northampton Borough Council has for its Housing Strategy is to:
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Managing supply and growth for the future of Northampton
Create resilient and cohesive communities
Delivering well-designed, high quality homes, neighbourhoods and services
Improving customer access, opportunity and choice
The various objectives described above impact the Homelessness Strategy Action Plan
The Tenancy Strategy together with the Allocation Scheme and Choice Based Lettings Scheme are
key factors in providing help support and choice to applicants where they live. They also are key
delivery activities of the housing strategy objectives. They also provide a framework for supporting
vulnerable applicants to compete equally in bidding for properties and meeting their individual
housing aspirations at times of crisis and help they move into market housing once their situation
has improved.
NBC – “Our Approach to Equalities 2011-14”his document, referred to as a strategy, shows what
Northampton Borough Council will do to make Northampton a place where people are treated with
fairness, dignity and respect.
It explains how we will promote equality of opportunity, tackle discrimination and foster good
relationships between different community groups and prioritised the following areas for
improvement.
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to improve how we use evidence of the equalities profile of the community and our services
users
to improve satisfaction about how we communicate and consult with people.
to improve the accessibility of the information we publish and produce
to improve our approach to equality impact assessments (EIA’s),
Partnership working and grants funding
5 Evidence Base for Screening
List the evidence sources you have used to make this assessment (i.e. the known
evidence)
(E.g. Index of Multiple Deprivation, workforce data, population statistics, any relevant
reports, customer surveys, equality monitoring data for the service area.)
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Web site information
Homelessness Review
Homelessness Strategy 2008-2013
A tenants guide to the Deposit Scheme
Ethnic breakdown of population in Northampton
Employment and income data from CORE data
Composition of the Housing Needs Register at November 2011
Housing Strategy 2010
Our approach to Equalities 2011-14
Are there any significant gaps in the known evidence base? If so what are your
recommendations for how and by when those gaps will be filled?
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A lack of robust monitoring arrangements means that it is not is possible at this time
to properly evaluate with any certainty what impact the Tenancy Strategy has on the
various equality groups and whether some customers may be disadvantaged.
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There are no cross section procedures or procedure manual drawn up to implement
this strategy
6 Requirements of the equality duties:
(remember there’s a note to remind you what they are at the end of this form and more
detailed information at www.northampton.gov.uk/equality)
Through the Council’s Single Equality Scheme which embraces all Public Sector Duties ,
the Tenancy Strategy aims to ensure that all clients are fairly and equally treated
irrespective of race, gender, disability, sexual orientation, age, religion or belief or any other
characteristic, including pregnancy and maternity, gender reassignment and socioeconomic factors.
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The Assessment has specifically had regard to the following Equalities duties:
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A duty to eliminate direct and indirect discrimination by way of third party
harassment and discrimination arising from disability; to address any
prejudices and foster good relations between different groups whilst tackling
under-representation
A duty to monitor existing policies and assess the impact on residents in
relation to their protected characteristics ’, and take steps to remove/minimise
any negative impacts identified
A duty to Protect and promote Human Rights
Will there be/has there been consultation with all interested parties?
Yes
There has been statutory consultation with the Registered Providers and their comments
taken on board in drafting the strategy. It is planned that a wider consultation will take
place jointly with the Councils new Allocation scheme.
Are proposed actions necessary and proportionate to the desired outcomes?
Yes
The Tenancy Strategy is a statutory requirement and important to the Council in that it
Service seeks to ensure that affordable housing is available to people at times of crisis and
that they can move on when their individual circumstances permit. It also ensures that older
people have a home.
Where appropriate, will there be scope for prompt, independent reviews and appeals
against decisions arising from the proposed policy/practice/activity?
Yes
Please explain:
The Tenancy strategy sets out where customers have a right of appeal against decisions
made by the Council and how and who will make the decision and hear the appeal.
Does the proposed policy/practice/activity have the ability to be tailored to fit
different individual circumstances?
Yes
Please explain:
The Service should allow for each client’s individual needs and characteristics to be
identified. The computer system allows for each client’s individual needs and
characteristics to be identified and up-dated.
These will be used to allocate a tenancy to a customer in accordance with the tenancy
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framework set out in the strategy
Where appropriate, can the policy/practice/activity exceed the minimum legal
equality and human rights requirements, rather than merely complying with them?
Yes
Please explain:
The statutory framework and guidance dictates the scope of the tenancy strategy and the
Council has used this together with its local knowledge of its community to devise a
tenancy framework that is balanced and equitable.
From the evidence you have and strategic thinking, what are the key risks (the harm
or ‘adverse impacts’) and opportunities (benefits and opportunities to promote
equality) this policy/practice/activity might present?
Risks (Negative)
Opportunities (Positive)
The lack of robust monitoring
information makes it difficult
to assess with any certainty
what negative impacts exist
for this client groups.
To introduce robust
monitoring systems to see
the outcome of the Tenancy
Strategy and to closely
review these for any adverse
trends which will be
thoroughly investigated and
acted upon
General
The Council is aware of
general barriers that could
make accessing the new
tenancy service a difficulty
for this client group and are
seeking information to verify
this locally and respond
accordingly
This can be developed and
staff trained to ensure that
the human element in the
process is also closely
monitored and standards
set. The training sessions
can also be used to raise
staff awareness of equality
issues in the delivery of
services.
Several measures are
already in please to mitigate
this risk:
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Departmental wide all
staff performance is
monitored through 1:1
Supervisions, team
meetings and the
Feedback framework
Race
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The lack of robust monitoring
information makes it difficult
to assess with any certainty
what negative impacts exist
for this client groups.
The Council is aware of
general barriers that could
make accessing the new
tenancy service a difficulty
for this client group and put
in place measures to
address this
(Complaints,
Concerns and
Compliments).
Customers are also
engaged in an annual
survey, feedback on
their support plans
and through exit
interviews.
All staff attend
mandatory equality
training.
‘Whistle-blowing’ staff are encouraged
to speak up if they
hear their colleagues
saying anything to
customers or other
staff members that
would contravene our
policies on equalities.
To introduce robust
monitoring systems to see
the outcome of the Tenancy
Strategy and to closely
review these for any adverse
trends which will be
thoroughly investigated and
acted upon
Customer feedback
information and satisfaction
should offer an opportunity
to check whether race is a
factor or barrier in accessing
services even where the
ethnic population is small.
Good translation services
will reduce barriers to entry
for potential customers from
diverse backgrounds or
harder to reach groups
within the community, as will
good publicity on the service
provided.
The lack of robust monitoring To introduce robust
information makes it difficult monitoring systems to see
to assess with any certainty
the outcome of the Tenancy
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what negative impacts exist
for this client groups.
Disability
The Council is aware of
general barriers that could
make accessing the new
tenancy service a difficulty
for this client group and put
in place measures to
address this and to verify the
local situation
Strategy and to closely
review these for any adverse
trends which will be
thoroughly investigated and
acted upon
As above
As above
The lack of robust monitoring
information makes it difficult
to assess with any certainty
what negative impacts exist
for this client groups.
Gender or Gender
Identity/Gender
Assignment
The Council is aware of
general barriers that could
make accessing the new
tenancy service a difficulty
for this client group and are
seeking information to verify
this locally
As above
The lack of robust monitoring
information makes it difficult As above
to assess with any certainty
what negative impacts exist
for this client groups.
Pregnancy and Maternity
(including breastfeeding
As above
The Council is aware of
general barriers that could
make accessing the new
tenancy service a difficulty
for this client group and are
seeking information to verify
this locally
As above
The lack of robust monitoring
information makes it difficult
to assess with any certainty
what negative impacts exist
for this client groups.
Marriage & Civil
Partnership
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The Council is aware of
general barriers that could
As above
make accessing the new
tenancy service a difficulty
for this client group and are
seeking information to verify
this locally
Sexual Orientation
The lack of robust monitoring As above
information makes it difficult
to assess with any certainty
what negative impacts exist
for this client groups.
As above
The Council is aware of
general barriers that could
make accessing the new
tenancy service a difficulty
for this client group and are
As above
seeking information to verify
this locally
The lack of robust monitoring
information makes it difficult
to assess with any certainty
what negative impacts exist
for this client groups.
Age
As above
The Council is aware of
general barriers that could
make accessing the new
tenancy service a difficulty
for this client group and are
seeking information to verify
this locally
The lack of robust monitoring
information makes it difficult As above
to assess with any certainty
what negative impacts exist
for this client groups.
As above
Religion, Faith and Belief
The Council is aware of
general barriers that could
make accessing the new
tenancy service a difficulty
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for this client group and are
seeking information to verify
this locally
Human Rights
An integral part of the
Tenancy Strategy is to
ensure there is a dignified
life for everyone and
people’s freedom and
opportunities are
progressively expanded and
are unhindered by prejudice,
discrimination or arbitrary
restraint. Ii should not only
meet the housing and
support needs of its
residents but should protect
and value the human rights
of individuals and by so
doing improve the quality of
their lives
Human right considerations
should now be
“mainstreamed” there may
possibly be insufficient
feedback to ensure
individuals are not being
disadvantaged in terms of
their human rights.
As above
7. Proportionality
Describe the scale and likelihood of these risks and opportunities
In determining the Tenancy strategy regard has been had to the fact that the Council has to
balance the needs of all sectors of its community whilst trying to meet the needs of the
individual. This to a background of a limited supply of affordable housing, increasing
unemployment and the possible increase in homelessness arising from the introduction of
the Welfare Reform Act The Council believes it has struck the right balance but recognises
that it needs to test this with wider consultation and monitoring of the outcomes.
The records must be complete, reliable and regularly reviewed.
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8 Decision
It is clear from the Tenancy Strategy report that the Council has within the data available to
it considered the impact of its proposed Tenancy Strategy on the clients groups listed
above and carried out its statutory consultation with its Registered Providers. The Council
has within these limitations identified areas of potential discriminatory outcomes and
addressed them. However, it is quite clear that there is no supporting evidence or data to
be able to say with any certainty that all equality impacts have been identified. It is
accepted that the Full Equality Impact Assessment may also reach the same conclusion
and be limited by them but a more robust challenge through a full Equality Impact
Assessment and more wide spread consultation process with stakeholders and the wider
community will better inform the Council in arriving at its decision on how to proceed with its
Tenancy Framework and the likely impacts.
Date of Decision: 10 April 2012
…
We judge that a full impact assessment is necessary
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Equality Duties to be taken into account in this screening include:
Prohibited Conduct under The Equality Act 2010 including:
Direct discrimination (including by association and perception e.g. carers); Indirect discrimination;
Pregnancy and maternity discrimination; Harassment; third party harassment; discrimination
arising from disability.
Public Sector Duties (Section 149) of the Equality Act 2010 for NBC and services provided
on its behalf: (due to be effective from 4 April 2011)
NBC and services providing public functions must in providing services have due regard to the
need to: eliminate unlawful discrimination, harassment and victimisation; advance equality
of opportunity and foster good relations between different groups. ‘Positive action’ permits
proportionate action to overcome disadvantage, meet needs and tackle under-representation.
Rights apply to people in terms of their “Protected Characteristics”:
Age; Gender; Gender Assignment; Sexual Orientation; Disability; Race; Religion and Belief;
Pregnancy; Maternity. But Marriage and Civil Partnership do not apply to the public sector duties.
Duty to “advance equality of opportunity”:
The need, when reviewing, planning or providing services/policies/practices to assess the impacts
of services on people in relation to their ‘protected characteristics’, take steps to remove/minimise
any negative impacts identified and help everyone to participate in our services and public life.
Equality Impact Assessments remain best practice to be used. Sometimes people have
particular needs e.g. due to gender, race, faith or disability that need to be addressed, not
ignored. NBC must have due regard to the duty to make reasonable adjustments for people
with disabilities. NBC must encourage people who share a protected characteristic to
participate in public life or any other activity in which their participation is too low.
Duty to ‘foster good relations between people’
This means having due regard to the need to tackle prejudice (e.g. where people are picked on
or stereotyped by customers or colleagues because of their ethnicity, disability, sexual orientation,
etc.) and promote understanding.
Lawful Exceptions to general rules: can happen where action is proportionate to achieve a
legitimate aim and not otherwise prohibited by anything under the Equality Act 2010. There are
some special situations (see Ch. 12 and 13 of the Equality Act 2010 Statutory Code of Practice –
Services, Public Functions and Associations).
National Adult Autism Strategy (Autism Act 2009; statutory guidelines) including:
to improve how services identify and meet needs of adults with autism and their families.
Human Rights include:
Rights under the European Convention include not to be subjected to degrading treatment; right
to a fair trial (civil and criminal issues); right to privacy (subject to certain exceptions e.g.
national security/public safety, or certain other specific situations); freedom of conscience
(including religion and belief and rights to manifest these limited only by law and as necessary for
public safety, public order, protection of rights of others and other specified situations); freedom
of expression (subject to certain exceptions); freedom of peaceful assembly and to join trade
unions (subject to certain exceptions); right not to be subject to unlawful discrimination (e.g.
sex, race, colour, language, religion, political opinion, national or social origin); right to peaceful
enjoyment of own possessions (subject to certain exceptions e.g. to secure payment of taxes
or other contributions or penalties); right to an education; right to hold free elections by
secret ballot. The European Convention is given effect in UK law by the Human Rights Act 1998.
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