ILF Scotland

EQIA: TF11 - Decision Review

Type of document: Equality Impact Assessments (EQIA)
EQIA - TF11 - Decision Review Front Page

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Published: June 14, 2022

Title of policy / practice / strategy / legislation:
Transition Fund Policy – TF11 - Decision Review

Is this a new policy or revision to an existing policy?
New Policy

Screening

Policy Aim

The Policy TF11 - Decision Review outlines how an applicant or recipient of the ILF Transition Fund can request a review of any decision made by ILF Scotland.

Who will it affect?

The policy will affect disabled young people from 16 to 21 who apply unsuccessfully or successfully to the ILF Scotland Transition Fund.

What might prevent the desired outcomes being achieved?

There should be no barriers to the policy being implemented. All staff will be trained in equality and diversity to ensure that the desired outcomes of the policy are achieved.

Requests for decision reviews to the fund can be made in a range of formats, including online, in writing, by telephone, by an appointed person on an applicant’s behalf and on request for a home visit.

Stage 1: Framing

Results of Framing Exercise

A Co-Production Group met on six occasions. The group included representatives from Disabled Peoples Organisations (DPOs), COSLA, Social Work Scotland, Carers, the Voluntary Sector, Scottish Government, and ILF Scotland. This group identified issues for disabled people and the funding of their care and support. The group established consensus that the additional funding being made available to ILF Scotland should be a broad discretionary fund to support disabled people to live independently, particularly at a critical life stage. The group preferred that in the first instance the fund would have a narrower focus than the broad aim of the fund. They identified that current unmet need was particularly significant for younger disabled people who are in transition and who may have a level of need below that which would be eligible for statutory support. An additional consideration was the profile of existing ILF Scotland awards being exclusive to individuals over the age of 21 years. The Transition Fund is, in some part, seen as providing the opportunity to address this imbalance. In their assessment, the group considered available evidence for this policy, including the examination of all submissions received by the Scottish Government in its public consultation exercise on the future of the ILF in Scotland post closure of ILF UK. ILF Scotland drafted a set of criteria in co-production, so that the needs of this particular group were prioritised for this funding in the first instance, with a view to widening the focus as additional funds become available and/or as priorities change.

Extent / Level of EQIA Required

This policy supports the overall aims, objectives and the implementation of the ILF Scotland Transition Fund, developed in coproduction with disabled people and Disabled Peoples Organizations (DPOs). The implementation of this particular policy has only minimal relevance to equality groups and therefore requires only a light touch EQIA.

The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund. There are no circumstances where the Decision Review policy will not be fully adhered to when instigated by any person using the ILF Scotland Transition Fund. No concerns have been raised by any individual or group involved in the co-production of the ILF Scotland Transition Fund. The Decision Review Policy and process complies with Right First Time – a practical guide for public authorities in Scotland to decision-making and the law.

Stage 2: Data and Evidence Gathering, Involvement and Consultation

Include here the results of your evidence gathering, (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.

Characteristic: Age

Evidence gathered and strength / quality of evidence: The Decision Review Policy and process complies with Right First Time - A practical guide for public authorities in Scotland to decision-making and the law. http://www.gov.scot/resource/doc/303683/0095190.pdf
The Complaints Standards Authority, an internal unit of the Scottish Public Services Ombudsman, oversaw the development of the above document. As a public body, ILF Scotland are required to comply.

Source:

Data gaps identified and action taken:

Characteristic: Disability

Evidence gathered and strength / quality of evidence: As above

Source:

Data gaps identified and action taken:

Characteristic: Sex

Evidence gathered and strength / quality of evidence: As above

Source:

Data gaps identified and action taken:

Characteristic: Pregnancy and Maternity

Evidence gathered and strength / quality of evidence: As above

Source:

Data gaps identified and action taken:

Characteristic: Gender Reassignment

Evidence gathered and strength / quality of evidence: As above

Source:

Data gaps identified and action taken:

Characteristic: Sexual Orientation

Evidence gathered and strength / quality of evidence: As above

Source:

Data gaps identified and action taken:

Characteristic: Race

Evidence gathered and strength / quality of evidence: As above

Source:

Data gaps identified and action taken:

Characteristic: Religion or Belief

Evidence gathered and strength / quality of evidence: As above

Source:

Data gaps identified and action taken:

Characteristic: Marriage and Civil Partnership

(the Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices - refer to Definitions of Protected Characteristics document for details).

Evidence gathered and strength / quality of evidence: Not applicable

Source:

Data gaps identified and action taken:

Stage 3: Assessing the Impacts and Identifying Opportunities to Promote Equality

Having considered the data and evidence you have gathered; this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and / or foster good relations.

Do you think that the policy impacts on people because of their age?

Age: Eliminating unlawful discrimination, harassment and victimisation
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Age: Advancing equality of opportunity
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Age: Promoting good relations among and between different age groups
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Do you think that the policy impacts disabled people?

Disability: Eliminating unlawful discrimination, harassment and victimisation
Positive:
Negative:
None:
Reason for your decision: This Policy positively promotes the active involvement of young people who require assistance with communication or who have an impaired capacity and require financial management support.
Requests for decision reviews can be made in a range of formats, including online, in writing, by telephone, by an appointed person on applicants behalf and on request for a home visit.

Disability: Advancing equality of opportunity
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Disability: Promoting good relations among and between disabled and non-disabled people
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Do you think that the policy impacts on men and women in different ways?

Sex: Eliminating unlawful discrimination
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Sex: Advancing equality of opportunity
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Sex: Promoting good relations between men and women
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Do you think that the policy impacts on women because of pregnancy and maternity?

Pregnancy and Maternity: Eliminating unlawful discrimination
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Pregnancy and Maternity: Advancing equality of opportunity
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Pregnancy and Maternity: Promoting good relations
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Do you think your policy impacts on transsexual people?

Gender reassignment: Eliminating unlawful discrimination
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Gender reassignment: Advancing equality of opportunity
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Gender reassignment: Promoting good relations
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Do you think that the policy impacts on people because of their sexual orientation?

Sexual Orientation: Eliminating unlawful discrimination
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Sexual Orientation: Advancing equality of opportunity
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Sexual Orientation: Promoting good relations
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Do you think the policy impacts on people on the grounds of their race?

Race: Eliminating unlawful discrimination
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.
Information will be made available, on request, in a range of accessible formats and languages to ensure there are no barriers to understanding the Decision Review policy

Race: Advancing equality of opportunity
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Race: Promoting good race relations
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Do you think the policy impacts on people because of their religion or belief?

Religion or belief: Eliminating unlawful discrimination
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Religion or belief: Advancing equality of opportunity
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Religion or belief: Promoting good relations
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Do you think the policy impacts on people because of their marriage or civil partnership?

Marriage and Civil Partnership: Eliminating unlawful discrimination
Positive:
Negative:
None:
Reason for your decision: The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund.

Stage 4: Decision Making and Monitoring

Identifying and establishing any required mitigating action

If, following the impact analysis, you think you have identified any unlawful discrimination – direct or indirect - you must consider and set out what action will be undertaken to mitigate the negative impact.

Have positive or negative impacts been identified for any of the equality groups?

No

Is the policy directly or indirectly discriminatory under the Equality Act 2010?

No

If the policy is indirectly discriminatory, how is it justified under the relevant legislation?

No

If not justified, what mitigating action will be undertaken?

Describing how Equality Impact Analysis has shaped the policy making process

This policy has been developed through a genuine process of co-production, which set out to determine how to maximize the impact of available resource to achieve independent living for disabled people. All policy decisions around eligibility were taken within this context. The overall aim of this policy is to state eligibility criteria for a new funding stream for disabled young people. These criteria were determined following careful analysis of options and wide engagement with stakeholders. Following implementation there will be careful monitoring and evaluation of impact, with a view to developing policy and broadening access beyond the initial target group of 16 to 21 year old disabled people. The process which has been followed has resulted in policy decisions being made that are intended to produce better outcomes both for disabled communities, and their communities. The fund will support activity that is enabling disabled people to be active and participating members of their communities, benefiting both the disabled people and those with whom they will engage as a result of this policy development.

Monitoring and Review

Strathclyde University Disability Resource Centre has been commissioned to undertake independent review and evaluation of the impact of this policy and of the new ILF fund generally. This will commence immediately on implementation of the policy in November 2017.

Stage 5: Authorisation of EQIA

Please confirm that:

This Equality Impact Assessment has informed the development of this policy:

Yes

Opportunities to promote equality in respect of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation have been considered, i.e.:

  • eliminating unlawful discrimination, harassment, victimisation
  • removing or minimising any barriers and / or disadvantages
  • taking steps which assist with promoting equality and meeting people’s different needs
  • encouraging participation (e.g. in public life)
  • fostering good relations, tackling prejudice and promoting understanding

Yes

If the Marriage and Civil Partnership protected characteristic applies to this policy, the Equality Impact Assessment has also assessed against the duty to eliminate unlawful discrimination, harassment and victimisation in respect of this protected characteristic.

Not applicable

Declaration

I am satisfied with the Equality Impact Assessment that has been undertaken for the revision to Policy TF11 - Decision Review.

Name: Margaret Wheatley
Position: Head of Policy
Authorisation Date: 10 November 2017

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