Watchdog highlights shortcomings in equality impact assessments by Welsh councils

The equalities watchdog said the review identified weaknesses throughout the impact assessment process, particularly in monitoring the impact of new or changing policies on people with protected characteristics.

The report centres on analysis of published Equality Impact Assessments (EIAs) – which are designed to ensure the authority is complying with its PSED – and includes insights from equality leads from a sample of 10 Welsh local authorities (LAs).

It details findings from a review of published EIAs, and covers common challenges and some practical solutions identified by local authorities, while also highlighting case studies showing how these assessments can be used effectively to inform decisions.

Although focused on Welsh authorities, there are learnings in the report that also apply to English and Scottish councils, the EHRC has said. These include lessons about starting impact assessment processes early or about how leadership engagement with PSED compliance can strengthen practice.

The EHRC has also issued a framework for councillors in England, Scotland and Wales for reviewing EIAs.

The report listed several challenges for Welsh local authorities in relation to impact assessments, including consistency in quality, poor organisational capability, data gaps, and monitoring, among others.

It found that the assessments of impacts, such as EIAs, “often lacked robust evidence”, clear analysis of impacts on different groups and meaningful engagement with those affected.

Better performing councils meanwhile carried out assessments that took in multiple evidence sources: local population data, wider statistics, service use trends, and lived experience engagement.

“A more consistent and proportionate approach to evidence and engagement would help organisations focus effort where equality risks are greatest and strengthen decision-making,” it said.

Among its findings, the report also said that monitoring the real-world impact of new or changing policies on protected groups “is central to the PSED in Wales”, yet the watchdog found this to be the “weakest stage in the impact assessment processes”.

Potential solutions listed by the EHRC included the introduction of ‘structured templates’ or tools that make monitoring easier to plan and manage.

These tools should record all policy changes and mitigating actions for a clear audit trail, assign responsibility to a leading officer, and specify dates for implementing actions and reviewing impact, it said.

Elsewhere, the report encouraged early initiation of impact assessments, stating that delayed assessments limit a council's ability to shape proposals and identify effective mitigation.

It also said that being proactive is "more likely to lead to better decision-making and outcomes for citizens".

It recommended some solutions for councils struggling to launch early assessments, including digital tools to support forward planning, multi-department quality assurance panels, and mandatory training for managers who sign off EIAs and other impact assessments.

According to the report, leadership and organisation-wide capability are important for effective impact assessments.

On this point, it said that where chief executives prioritise PSED compliance, "teams were more consistently taking ownership, completing impact assessments and building related actions into their delivery plans".

It also said that authorities can build capability throughout the whole organisation through annual training, and providing relevant guidance and examples of process to help staff understand what constitutes an effective impact assessment.

Commenting on the use of data, the report said that many impact assessments fail to show how relevant information shaped a decision, and that data gaps for some protected groups “remain a significant barrier in Wales”.

To improve this, the report recommended more cross-team data sharing, including with neighbouring local authorities and accessible population insights, like datasets or profiles showing who lives in the area.

In addition to internal data sharing, the report made recommendations on public transparency and publishing assessments of impact in the public domain. It noted that most authorities publish the assessments in their cabinet reports, but said that the assessments could also be published on external websites to improve transparency and public access.

It said: “The assessments must be accessible and easy to find. Alternative, offline routes to accessing assessments should also be made available.

“Impact assessments published with website consultation documents helps the public understand how evidence informed proposals.”

The EHRC said: “Our analysis of impact assessment processes in LAs, including Equality Impact Assessments (EIAs) and Integrated Impact Assessments (IIAs), identified both strengths and significant systemic challenges.

“Processes to assess equality impacts appear to be in place. However, there is not yet consistent evidence that EIAs or other forms of assessment of the PSED are being used to systematically inform decisions, demonstrate due regard and monitor outcomes for protected characteristic groups.”

Introduced under the Equality Act 2010 (Wales), the PSED requires authorities to consider how their decisions affect people with different protected characteristics.

The duty sets out three main aims: tackle discrimination, advance equality of opportunity and foster good relations.

Councils in England, Wales and Scotland carry out EIAs or Integrated Impact Assessments (IIAs) in order to ensure their decisions comply with the duty.

Adam Carey