Agenda item

To consider a report on the socio-economic duty contained within the Equality Act 2010 and explores the option of voluntary adopting the provisins.

Cabinet considered a report which set out the socio-economic duty contained within the Equality Act 2010 and explores the option of voluntarily adopting the provisions.

The Equality Act 2010 provided a legal framework to protect the rights of individuals and advance equality of opportunity for all. The provisions under the Act relating to a planned ‘socio-economic duty’ had not been brought into effect in law in England (although they were now in force in Scotland and Wales) and therefore did not apply as a duty upon the Authority.  It was understood that the Government did not have plans to bring it into force in England although no formal steps had been taken to repeal the provisions. In November 2010, the then Home Secretary, Theresa May announced that the UK Government had decided not to implement the duty.

However, a local authority may seek to voluntarily ‘adopt’ and implement the provisions of Section 1 of the Act which contained the socio–economic duty.  It would be important for an authority to remain aware that where a ‘duty’ had been adopted on a voluntary basis it did not have the same standing and force as other provisions within the Equality Act 2010 or other legislation.

The duty was intended to affect how public bodies made strategic decisions about spending and service delivery and to enshrine in law the role key public bodies had in narrowing gaps in outcomes resulting from socio-economic disadvantage.

Voluntarily adopting the duty can complement current approaches to tackling socio-economic inequalities such as anti-poverty, inclusive economy, and equalities approaches, and where appropriate, contribute to a ‘levelling up’ agenda.  Several English local authorities  had already voluntarily adopted the duty.

In 2021, the Equality and Human Rights Commission stated the following on the issue of making England fairer:

“We believe the duty can help reduce the most pressing inequalities of outcome exacerbated by the pandemic by helping organisations ensure their decision making takes full account of socio-economic disadvantage. By adopting the duty, regional authorities can help support inclusive approaches to strategic decision making across their organisations”.

The Local Government Association’s Equality Framework for Local Government (EFLG) 2001 was intended to help authorities comply with the Public Sector Equality Duty which is a legal obligation of the Equality Act 2010.  While the framework had a focus on the nine legally protected characteristics, it also encouraged local authorities to consider other issues that might be affecting their communities and staff, for example, socio-economic inequality, caring responsibilities, rural isolation.

Section 1 of the Equality Act 2010 when in force would introduce a socio-economic duty on public bodies that required them:

“when making decisions of a strategic nature about how to exercise its functions” to “have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage”.

Section 1 asks public bodies to consider how their decisions and policies could increase or decrease inequality that results from socio-economic disadvantage.

The explanatory notes which accompanied the Bill stated that:

 “such inequalities could include inequalities in education, health, housing, crime rates, or other matters associated with socioeconomic disadvantage. It will be for public bodies subject to the duty to determine which socio-economic inequalities they are in a position to influence.”

Adoption of the duty by the Authority would build on and strengthen the current approaches to tackling socio-economic inequalities in North Tyneside.  Since the COVID-19 pandemic and the subsequent cost of living crisis the socio-economic inequalities across the borough had been amplified. As a result, the Authority had had a much greater focus on socio-economic inequalities with clear policy steer from Cabinet. 

There was both a moral and economic case for tackling inequalities. The gap in life expectancy and healthy life expectancy in North Tyneside had persisted over the last two decades.  Men in the most socio-economically deprived wards of the borough can expect to live on average 11.4 years less than men in the least deprived wards.  For women the corresponding figure was 9.9 years. There was  also a 14 year gap in the average number of years lived in good health between people living in the most and least deprived areas of the borough.

In November 2021, the North Tyneside Health and Wellbeing Partnership agreed a strategy for reducing inequalities across the borough driven by socio- economic determinants. Equally Well: A Healthier, Fairer Future for North Tyneside (2021-2025) was published in November 2021. Underpinned by a detailed assessment of need and a clear evidence base, a detailed implementation plan was developed to deliver a wide range of interventions and initiatives, many led and delivered by the Authority. Examples include the poverty intervention fund, inequalities funding for VCS organisations, supporting people into employment, an enhanced holiday activities and food programme and warm welcome hubs.

Adoption of the duty would further support:

·       Strong and visible leadership and the clear commitment to tackling socio-economic inequalities in North Tyneside

·       Widespread organisational commitment to, and consideration of, socio-economic inequalities including embedding culture change.

·       Cross organisational and cross departmental working.

·       Effective partnership working.

·       High awareness of socio-economic inequalities within organisations and among partners.

·       Increased engagement with residents in areas of the borough that suffer the greatest inequity.

·       Systematic approaches to equality impact assessments and assessment of policy and practice more broadly.

·       Systematic data gathering and analysis.

·       Effective use of data as a tool for decision making and to monitor impact and compliance.

·       Effective and efficient allocation of resources.

Cabinet considered the following decision options: either to agree the recommendations as set out in paragraph 1.2 of the report; or alternatively, to not accept the recommendations.

Resolved that (1) the contents of the report, be noted;

(2) the voluntarily adoption of the provisions of the Socio-Economic Duty for incorporation into North Tyneside Council’s ongoing work and processes relating to equalities, diversity and inclusion, be agreed; and

(3) the Assistant Chief Executive, in consultation with the Cabinet Member for Environment and the Head of Law, be authorised to take forward the steps necessary to integrate the duty into the Authority’s decision making and other processes, including measuring and reporting on its impact.

(Reason for decision:  Voluntary adoption of the duty can deliver a number of benefits to the Authority and its residents.)