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DirApp NAC 231213 EIA and Care Experienced Report

North Ayrshire Council · 13 December 2023
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NORTH AYRSHIRE COUNCIL 
13th December 2023   
North Ayrshire Council 
Title:    Treating Care Experienced as a Protected
Characteristic in North Ayrshire Council Equality
Impact Assessments 
Purpose:  To consider the impact of treating “care experienced” as a
protected characteristic for the purposes of Equality Impact
Assessments (EIA) and approve next steps in implementing
this policy. 
Recommendation:  Council agrees: (i) to adopt the proposed definition of “care
experienced” for the purpose of EIAs; and (ii) to amend the
EIA template to include “care experienced” as a protected
characteristic. 
1. Executive Summary 
1.1. This paper provides an update on the work that has been undertaken since
North Ayrshire Council agreed the following motion on 29th March 2023: 
“(a) To support adding “Care Experienced” to be treated as a protected
characteristic in North Ayrshire’s Equality Impact Assessments to ensure all
decisions made by Council gave specific focus on how the Council could
improve the lives of care experienced young people; and  
(b) To request that a report be brought to the Council to outline the next steps,
including the Equalities Impact Assessments required, to implement this
policy.” 
This paper also seeks Council’s agreement to the proposed next steps required
to implement this policy. 
2. Background 
2.1. The Equality Act 2010 prohibits discrimination on the grounds of the following
protected characteristics (hereinafter referred to as the “statutory protected
characteristics”):
2.1.1. Age

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2.1.2. Disability
2.1.3. Gender reassignment
2.1.4. Marriage and civil partnership
2.1.5. Pregnancy and maternity
2.1.6. Race
2.1.7. Religion or belief
2.1.8. Sex
2.1.9. Sexual orientation
2.2. The public sector equality duty requires local authorities to have due regard to:
a) The need to eliminate discrimination, harassment, victimization and any
other conduct that is prohibited by or under the Equality Act;
b) The need to advance equality of opportunity between persons who share a
relevant statutory protected characteristic and persons who do not share it;
and 
c) The need to foster good relations between persons who share a relevant
statutory protected characteristic and those who do not share it.
2.3. Whenever a proposed new or revised policy or practice would have an impact
on the public sector equality duty outlined above, the Council must carry out an
EIA to assess the impact of the proposal on people who have a statutory
protected characteristic. 
2.4. If a decision is taken to amend the EIA template to include “care experienced”
as a protected characteristic, it will be important to include a clear definition of
what “care experienced” means for these purposes. The following definition is
proposed:
“Anyone under the age of 26 years in the North Ayrshire area for whom North
Ayrshire Council is, or has been, the Corporate Parent, or who is, or has
been, looked after by North Ayrshire Council or any other local authority at
any stage of their childhood, no matter how short. By ‘looked after’ we mean
that the child or young person has been looked after by a local authority in
foster care, kinship care or in residential care, or has been living at home
subject to a compulsory supervision order made by the children’s hearing or
has been subject to a kinship care order made by the court.”

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2.5. The Council has obtained legal advice from King’s Counsel which confirms that
in principle it would be competent to treat “care experienced” (as defined
above) as though it was a protected characteristic for the purpose of EIAs.
However, the proposal to amend the EIA template to include “care
experienced” is a proposed new or revised policy or practice which could have
an impact on the public sector equality duty, and accordingly an EIA requires to
be carried out to assess the impact of this proposal on those who have a
statutory protected characteristic before a final decision is reached on whether
to adopt the policy. An EIA has been completed to assess the impact of
adopting the above definition of “care experienced” as a protected
characteristic in future EIAs. The EIA concluded that the implications of treating
“care experienced” as a protected characteristic in future EIAs are broadly
positive. 
2.6. For the avoidance of doubt, “care experienced” would be treated as a protected
characteristic for the purposes of EIAs only: the proposed change would not
amount to a wholesale adoption of the public sector equality duty in relation to
care experienced people. Similarly, the definition of “care experienced” adopted
for the purposes of the EIA would not be used by the Council for any other
purpose.
2.7. Next steps
2.8. If Council approves the recommendations set out in this report then the EIA
template will be amended accordingly. This change will be supported with
additional guidance on the challenges people who are care experienced face,
information on taking a trauma informed approach and links to additional
information and support.
3. Proposals 
3.1. It is recommended that Council agrees: (i) to adopt the proposed definition of
“care experienced” for the purpose of EIAs; and (ii) to amend the EIA template
to include “care experienced” as a protected characteristic.
4. Implications/Socio-economic Duty 
Financial
4.1. There are no financial implications arising directly out of this report. If the scope
of EIAs is extended as proposed then this could ultimately influence future
decisions which have a financial impact, however the Council would not be
compelled to reach any particular substantive decision because of the EIA.
EIAs are a procedural requirement whereby Councils are required to
demonstrate that they have had “due regard” to the impact of a proposed policy
on people with protected characteristics. Councils can legitimately make
decisions which an EIA shows will have a negative impact on people with
protected characteristics provided there are countervailing factors which justify
this.

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Human Resources
4.2. The proposed changes can be implemented with existing resources. 
Legal
4.3. The Council is under a statutory duty to carry out EIAs in respect of the
statutory protected characteristics. The proposals set out in this report to
expand the scope of our existing EIA template have been informed by expert
legal advice. 
Equality/Socio-economic
4.4. The motion has been assessed and there is nothing to suggest that the
proposal is likely to have any significant detrimental impact on any of the
statutory protected characteristics. The proposal is expected to have positive
impacts in cases where people with statutory protected characteristics are also
care experienced and experience compound discrimination as a result.  
Climate Change and Carbon
4.5. None.
Key Priorities
4.6. This paper supports Our Council Plan aim a ‘North Ayrshire that is fair for all’. 
The Communities and Local Democracy priority contains a key activity on
‘ensuring an inclusive, fair, rights-based and asset-based approach to our work’
and ‘our residents, including our children and young people, are confident in
exercising their rights and actively do so’.
Community Wealth Building
4.7. None.
Consultation 
4.8. Consultation was undertaken with area experts within our Council as listed in
the Equality Impact Assessment. 
Aileen Craig
Head of Service (Democratic) 
For further information please contact Isla Hardy, Team Manager (Policy and
Performance), by telephone on 01294 324035 or by email to IslaHardy@north-
ayrshire.gov.uk or Raymond Lynch, Senior Manager (Legal Services) by
telephone on 07799199641 or by email to raymondlynch@north-ayrshire.gov.uk.