Equality and Human Rights Commission

The Equality and Human Rights Commission has today issued urgent guidance to public bodies, highlighting the need to ensure equality and fairness are central to the decision making process about cuts in public spending.  The Commission has also published today ‘Counting the Cost’, a report which analyses the extent to which Scotland's local authorities have taken into account the race, disability and gender equality duties while making funding decisions. 

Kaliani Lyle, Scotland Commissioner, Equality and Human Rights Commission Scotland said:
“At a crucial time for equality and fairness, the findings in the report are a cause for concern.  Local authorities have a duty to consider and protect the most vulnerable in society. The evidence however  shows that there has been a lack of any effective decision making processes, including  very few, if any, equality impact assessments carried out while making funding decisions.

Public bodies currently have a statutory duty to measure the impact of decisions with regard to race, gender and disability. A wider duty also encompassing age, religion or belief and sexual orientation is set to come in force in 2011.  
The Commission is under no illusions.  We know that spending cuts are a fact and that all local authorities have hard decisions to make.  But we must be careful that at a time when fairness matters most, it is not considered least.  Local authorities now more than ever need to demonstrate a clear understanding of the importance of fairness when making decisions around budget setting and policy delivery; in particular  that the costs of cuts do not fall most heavily on those who can least afford to pay the price.

Getting it right first time means having to avoid costly fixes and legal challenges further down the line.  Put simply, our money can be spent better.   The Commission is issuing this guidance to local authority leaders to assist them in getting it right when considering the impact of their plans and decisions on the people who use their services.  We will push best practice but we will also, where it is the right thing to do, consider the use of our enforcement powers.”
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For more information please contact the Equality and Human Rights Commission Media Office on 07970787234 / 07970541369

Download Counting The Cost - PDF

Download Counting The Cost - Word

Notes to Editors

The research was carried out by ODS (Organisational Design and Support) Consulting, in partnership with Fitzgerald Associates and Unify, on behalf of the Equality and Human Rights Commission. As such, the recommendations in the report are those of the researchers and do not necessarily reflect the views of the Commission.
The research was carried out in spring 2010 and analyses decisions made in 2007-08 and 2008-09, the year before and the year after the introduction of the Concordat. However, its findings have resonance beyond this retrospective time-period in highlighting current challenges which will only become more pressing as financial constraints become even more apparent in the coming years.

The report examines the decisions of twelve authorities under one of the three duties, and considers:
- Disability: the extent to which the disability duty was taken into account in decisions regarding funding for organisations supporting disabled people; and advocacy services for disabled people;
- Gender: the extent to which the gender duty was taken into account in decisions regarding funding for women’s organisations; and support for women experiencing violence or abuse.
- Race: the extent to which the race duty was taken into account in decisions regarding funding for organisations supporting ethnic minority people; and either services for migrant communities or support via social work services;

The research involved an analysis of relevant documentation; interviews with local authority representatives; and discussions with relevant local organisations.