Police Fire and Safety Committee
15th March 2012
Agenda Item No. 22
MIGRANT WORKERS ACCOMMODATION ON
AGRICULTURAL HOLDINGS
Report by: Keith Winter, Head of Enterprise, Planning & Protective Services
Wards Affected: Fife wide
Purpose
To advise the Committee of the extent, quality and associated hazards that exists
in Agricultural/Migrant Workers Accommodation in Fife and to explain what is
proposed in respect to developing a strategy to monitor this type of
accommodation in the future
Recommendations
The Committee is asked to note: The Inter Service Group will be reconvened to further consider Fife
Councils options for the monitoring of Migrant Worker Accommodation in
the future e.g.
(i)Licence accommodation in terms of the Caravan Sites and Control
of Development Act 1960 by first of all applying to Scottish Ministers
to have the exemption removed
(ii) Use a more informal approach e.g. the development of a
Voluntary Code.
 The further development of joint working activities and communication with
Partner Agencies such as the Gangmasters Licensing Authority (G.L.A),
The Seasonal Agricultural Workers Scheme (SAWS) and the Labour
Providers.
 Fife Council will continue to raise this matter with Scottish Government
through existing work on the Residential Mobile Homes Stakeholder
Working Group
Resource Implications
Significant staff resources and time would be required to apply to Ministers for the
removal of the exemption and to implement full Planning and Caravan Site
Licensing requirements.
Legal & Risk Implications
Given the standard of accommodation evident at the time of the visits and how this
is currently being monitored it is considered that there are no direct legal/risk
implications arising from this Report
Policy & Impact Assessment
An Equality Impact Assessment (EqIA) Checklist has been completed and this
highlighted no negative impacts on any of the protected characteristics. A copy of
the Checklist and Summary Form is appended.
Consultation
Fife Fire and Rescue Service have been consulted in respect to this report.
Further consultation is envisaged as part of the proposals.
1.0 Background
1.1
Seasonal workers accommodation on farms has been part and parcel of the
Harvesting season for many years. Traditionally workers would have lived locally
or may have been part of the Gypsy Travelling Community and so there was no
need for accommodation. However as farmers needed to be assured of a year in ,
year out supply of regular labour they started to provide basic accommodation on
site for workers allowing for entire families to spend their summers together
harvesting the crops, whether it be soft fruit or vegetables.
1.2
Simple huts, once the norm, have now been superseded by caravans due to the
availability of these units on the second hand market. Farmers introduced these
caravans to provide more comfortable basic requirements for their seasonal
workers hoping that they would return the following year.
1.3
The advent of new working practices, especially in the soft fruit industry such as
the use of plastic sheets, poly tunnels etc has led to an extended season which,
traditionally was 6 weeks for soft fruit but can now be 4/6 months or longer
depending on the crop. The impact of this rapid growth has resulted in a similar
increase in the demand for labour and consequently an equal increase in the need
for accommodation.
1.4
The demand for labour has seen an influx of migrant workers from abroad. The
number of migrant workers employed on farms in Scotland and the UK is gradually
increasing year on year. In Scotland the vast majority of seasonal agricultural
workers live on the farms in caravans. The situation is similar in Fife with one farm
alone employing and accommodating 350 workers at peak season.
1.5
The Gangmasters Licensing Authority (GLA) regulates those who supply labour or
use workers to provide services in agriculture, forestry, horticulture, shellfish
gathering, food processing and packaging. It was set up to protect workers from
exploitation particularly by debt bondage and forced labour and to improve
standards of health and safety. The GLA have Licensing standards specifying
what must be complied with in order to be granted with and to keep a Licence.
These include standards for working conditions, health and safety and
accommodation eg to ensure that the accommodation is safe and not
overcrowded, that annual gas inspections have been carried out, that the electrics
are safe and that furnishings and fittings comply with all requirements etc. The
GLA has an inspection programme to make sure Licence Holders comply with the
Authorities Licensing Standards. HOPS Labour Solutions and CONCORDIA are
licensed labour providers. Farms can also recruit their own labour without requiring
a Gangmasters Licence.
1.6
There is a scheme known as The Seasonal Agricultural Workers Scheme (SAWS)
approved by Government that allows farmers in the UK to recruit overseas
workers from Romania and Bulgaria to undertake temporary, seasonal
agricultural/horticultural work for a maximum of 6 months. Whilst Romania and
Bulgaria are part of the E.U, low skilled workers, in particular, from these countries
have not yet been given full access and freedom of movement. The Scheme helps
to meet the shortfall in the supply of seasonal labour from within the UK. Workers
are paid at least the minimum wage and are provided with accommodation,
usually by the farmer, for which they pay rent. SAWS carry out a programme of
inspections on the farms to check the operation of the Scheme and to ensure the
requisite standards are being met.
1.7
SAWS is managed through the UK Border Agency which contracts with a number
of organisations known as Operators (Labour Providers) to administer the scheme
on its behalf. Operators are responsible for recruiting participants and finding
suitable placements. They can either recruit participants to work on their own
farms (Sole Operators) or on behalf of other farmers and growers (Multiple
Operators). The main Multiple Operators in Fife are HOPS Labour Solutions and
Concordia .There are no Sole Operators in Scotland. Operators run parallel
operations to recruit other E.U workers eg the Seasonal Workers Programme
(SWP) operated by HOPS. All these operators have inspectors who visit the farms
to ensure that they comply with SAWS conditions of employment ie wages,
accommodation etc.
1.8
All farms hosting participants under the SAWS or SWP must be registered to
HOPS for example and must meet criteria including the provision of adequate farm
accommodation/ facilities which are compliant with any legislative requirements
and are suitable, safe and fit for purpose. HOPS standards include, caravan
accommodation, portable accommodation units, permanent accommodation
buildings, common facilities, safety, gas, electrics, portable appliances etc. The
Farm would also have to have to demonstrate compliance with any Licence
requirement eg House in Multiple Occupation Licence (HMO) or Caravan Site
Licence ( in the event that the caravan accommodation was provided on a site that
required to be Licensed).
1.9
Representatives from SAWS and HOPS have advised that the standard of
accommodation and safety across farm accommodation is generally improving as
there is now the realisation that if the Farmers and Growers do not comply then
they will not be allowed access to the all important labour pool. SAWS and HOPS
have also advised that farmers are now tending to implement a proactive
programme of improvements rather than waiting on the outcome of their inspection
visits. In addition participants in the worker programmes now tend to complain
more. It is understood that overall, the standard of safety is generally good.
1.10 There is also a Supermarket and Suppliers Protocol with the GLA with a Good
Practice Guide for Labour Users that is supported by the major food retailers
which also carry out audits of farms including accommodation provision for
workers etc.
1.11 In 2007, in Angus, a migrant farm worker died when the caravan he was sleeping
in caught fire due to an electrical fault. In Fife in 2008 there was a fire incident in a
barn on a fruit farm. The barn was being used for sleeping accommodation and
luckily the fire was through the day when everybody was out working and nobody
was hurt. The fire started through an electrical fault in a portable electrical
appliance which was brought onto the premises by one of the migrant workers and
which was also incompatible with an adaptor unit that was being used.
1.12 It became apparent after the fire in Angus that agricultural farm workers
accommodation was far more prevalent than previously thought, more so in Angus
and Perth as they both have a larger soft fruit industry than Fife. Contact was
made with both Perth and Angus to establish how they were tackling workers
accommodation on farms.
1.13 Given that several services had varying degrees of interest in farm workers
accommodation, a short term Inter Service Working Group was established
consisting of Environmental Services, Development Services, Fife Fire and
Rescue Service, Assessors Service. The Group met three times to discuss
common issues arising from caravan sites/usage in Fife.
2.0 Issues and Options
2.1
In order to gather information on the extent, quality and associated hazards that
exist in agricultural/ migrant worker accommodation on agricultural holdings in Fife
there were several areas that required to be examined as follows:

A survey to identify farms involved and the extent of the accommodation
provided. (2009)

Quality of the accommodation being provided

Hazards associated with caravans and multiple occupancy

How other authorities (Perth and Kinross and Angus) have responded to
these issues.

Partnership Working with other Agencies (2011)

Legislation and how it is applied
2.1.1 Survey
A limited telephone survey which was carried out by a student EHO identified 19
farms that were providing employment and accommodation for agricultural
workers (nearly all migrant workers). An Agency EHO was employed in June 2009
to undertake inspections on those farms identified across Fife as having workers
accommodation to determine the extent, quality and associated hazards relating to
that accommodation.
2.1.2 The survey involved using the internet (Google Earth) to identify farms that were
using poly tunnels etc, contacting SAWS operators to find out which farms were
using them to provide labour, producing a survey form to capture the relevant
information needed and finally making contact with the farms through site visits.
2.1.3 The survey confirmed that there were 19 Farms involved in employing and
accommodating workers. At the time of the survey, 10 farms grew fruit, 7
vegetables and 2 both fruit and vegetables. There was only one farm which
operated to a traditional growing season. Four farms were utilising poly tunnels at
the time of the visits. 17 participated in the survey and were visited with 2 refusing.
However the two who refused were involved with SAWS and we were able to
access all relevant information from SAWS for the survey. There were 14 farms
working with SAWS and 5 not using SAWS/Labour Providers. Nationalities of
workers included Romania, Bulgaria, Poland, Slovenia, Hungary, Latvia, Czech
Republic, Lithuania and United Kingdom.
2.1.4 Nearly all accommodation provided were caravans, 318 in total, accommodating
approximately 1228 workers. The largest operation was a fruit farm with 81 vans
and 350 workers accommodated and the smallest a fruit farm with 1 caravan and
2 persons accommodated. Four farms were using converted buildings to house
approximately 54 workers in total. Three farms required to apply for a Licence to
operate these buildings as Houses in Multiple Occupancy (HMO). This was
progressed by our HMO Officers. Three farms had private water supplies serving
approximately 70 people which required to be investigated.
2.2
The quality of the accommodation was found to be good. The caravans in use
were normally 6 berths ex holiday statics with an average occupation of 4 persons
per caravan. All the caravans with two exceptions were well spaced and equipped
with smoke alarms, carbon monoxide detectors, fire blankets and fire
extinguishers. The two exceptions to this were a small traditional (6 week growing
season) fruit farm with only four small touring caravans. They had removed the
gas and electrical fittings and only allowed the vans to be used for sleeping in.
There was a no smoking policy. Smoke detectors were fitted. Cooking and
washing facilities’ were provided elsewhere on the farm. The other exception was
a larger operation where some of the caravans were noted to be much closer
together than 6m. These caravans were noted to have smoke alarms, fire blankets
and fire extinguishers and the electrics were found to be Residual Current Device
(RCD) protected. Accommodation was also available within the farm buildings at
this location and as there were no fire precautions measures evident a joint visit
was carried out with Fife Fire and Rescue Service. The property was empty at the
time of the visit and we were advised that this would remain so until the beginning
of the next growing season.
2.2.1 Fire safety information was provided by the Fire Officer in respect to the property
being utilised as a HMO. A visit has subsequently been carried out by our Team
and the farmer is now aware of all requirements needed if he intends to continue
using these buildings. Satisfactory cooking and washing facilities were provided in
all other caravan and buildings provided for workers accommodation on the other
farms.
2.3
The main hazard associated with caravans is fire, although there have been
recorded deaths through carbon monoxide poisoning. Caravan Fires are normally
associated with electrical faults, inappropriate use of electrical equipment/
appliances; use of gas fires/cookers or human frailty- falling asleep with a lit
cigarette, chip pan on cooker etc. Caravans are more at risk with fire as they are
basically one room full of furnishings. There is a greater proportion of combustible
material present than any other dwelling. Much of the furnishings will be pre1988
(Furnishings (Fire Safety) Regulations 1988) and will not contain any fire retardant
materials. The risk of fire is increased through the multiple occupancy nature of the
accommodation.
2.3.1 Carbon Monoxide poisoning arises through poor combustion in gas appliances eg
cookers and fires. Inadequate ventilation of faulty appliances that have not been
properly serviced are the reasons for this type of hazard occurring.
2.3.2 The above noted risks are considerably reduced through the carrying out of
periodic electrical testing; annual inspection/certification of gas appliances and
Portable Appliance Testing (PAT) of the appliances on site. All farms had in- date
inspection reports.
2.3.3 Where there is an HMO or a Licensed Caravan Site, farmers are required to
produce a Fire Safety Risk Assessment in accordance with the Fire (Scotland) Act
2005 and the Fire Safety (Scotland) Regulations 2006. This is enforced by Fife
Fire and Rescue Service in Fife.
2.4
Neighbouring Authorities with similar problems (Perth and Kinross, Angus)
have a larger soft fruit industry and are experiencing similar problems of large
caravan sites appearing on agricultural holdings.
2.4.1 In Angus - after the fire of 2007, the Local Authority worked with Tayside Fire and
Rescue Service to determine the extent of the problem in Angus. Due to the
number of farms involved, a total of 22, they felt that licensing these sites would
allow them to ensure that all of the sites would meet a minimum standard of
safety.
2.4.2 Such an approach however required having to apply to Scottish Ministers to have
an exemption removed which allows caravans to be sited on agricultural holdings
for seasonal work (Caravan Sites and Control of Development Act 1960) without
the need for planning permission. A great deal of work was carried out to prepare
and submit a case to the Ministers for the removal of the exemption in Angus. The
process associated with the removal of the exemption took approximately one
year and included consultation exercises and a range of site visits. After the Order
came into effect they contacted all the relevant farms advising them that they now
required their sites to be licensed HMOs. This approach was contested by the
National Farmers Union and was then dropped in favour of applying the Caravan
Sites and Control of Development Act 1960. All farm sites now required to have
Planning Permission and a Local Authority Site Licence (either a new Temporary
Workers Accommodation Licence or Residential Caravan Site Licence where
there is 12 month occupation of a site). A great deal of work was carried out during
2009 to help site owners through the process of obtaining the requisite Licences.
2.4.3 In Perth and Kinross - the Local Authority decided that a more informal approach
would be more successful in raising standards. They were fortunate in that
Tayside Fire and Rescue Service already had good information concerning Perth
and Kinross due to their earlier survey of Angus which had also included the Perth
and Kinross Local Authority Area. They identified 33 farms that were using and
accommodating workers. From this and six selected site visits and discussions
with the farmers, Farmers Union and other interested parties they were able to
produce a Voluntary Code of Requirements for Workers Accommodation. The
Farmers agreed the Code and this is now being applied in Perth. The Standards
include safety requirements and minimum requirements for accommodation units,
facilities etc and appear to be working satisfactorily.
2.5
In August 2011, Fife Council Officers accompanied representatives from the
Gangmasters Licensing Authority to two farms in Fife during the course of the
GLAs programme of surprise visits to several farms across Fife and Angus. The
G.L.A carried out an investigation of the working conditions and general welfare of
the employees and Fife Council Officers carried out an inspection of
accommodation provided. The accommodation at both farms was provided by way
of caravans with some having cooking facilities and toilet/showers. Where this was
not the case, onsite showers and kitchens were provided. Both farms had areas
set aside for communal activities (sitting rooms) with televisions and games rooms
available.
2.5.1 Various matters were checked at the time of the visits including the Periodic
Inspection Report (electrical), Portable Appliance Testing, gas/oil certificates, fire
risk assessments together with the provision of fire fighting equipment and the
arrangements for action to be taken in the event of a fire.
2.5.2 At the time of the visits the accommodation was found to be fit for purpose with
good attention being given to basic safety requirements
2.5.3 SAWS have advised us that they will be in touch with us later this year in order
that we can carry out joint visits with them
2.6
Presently there is no specific piece of legislation that covers Agricultural
caravan accommodation either generally or in respect to prescribing specific
standards. Legislation applying to licensable caravan sites (residential, holiday
static and touring) is mainly covered by the Caravan Sites and Control of
Development Act 1960 (see Appendix 1). It is considered that this Act is no longer
fit for purpose and requires overhauling and updating.
2.6.1 The Act has an exemption clause which allows for farmers to provide caravan
accommodation for their workers for a particular season; thereafter the caravans
must be removed and can only return the following year. To do otherwise would
require planning permission and may possibly require a Local Authority Caravan
Site Licence.
2.6.2 Farmers who provide accommodation for workers on their farm which also work on
another farm will require Planning Permission for those caravans being used for
those workers. The exemption only allows for workers who live and work on that
particular farm.
2.6.3 The Lead Officer of Enterprise, Planning and Protective Services (Housing and
Anti-Social Behaviour Team) participates in a Scottish Government Stakeholder
Group which is supporting work on Residential Mobile Homes. Through
participation in this Group Fife Council has raised the issues of Migrant Worker
Accommodation on agricultural holdings and has requested that the matter form
part of a forthcoming consultation exercise. In addition, the question has also been
asked as to whether or not additional work can be carried out by Scottish
Government in respect to looking at the seasonal exemption part of the Caravan
and Control of Development Act and the planning situation in this regard.
3.0 Conclusions
3.1
All the caravans in use on all the farms were found to comply with all basic safety
requirements.
3.1
SAWS and HOPS representatives have advised that the quality of accommodation
and the standards of health and safety on the farms are generally improving year
on year. It is understood that overall the standard of safety is generally good. It
has been noted now that farmers are programming in improvements with the
realisation that if they do not meet requirements they will not be able to access the
labour. The participants are also more likely to complain nowadays.
3.2
All the farms were found to have satisfactory services and amenities available i.e
the provision of meals, potable water supply, toilet facilities, wash up and
showering etc.
3.3
Two of the 3 farms identified as needing HMO licences have now come into the
licensing Scheme and the other has decided not to operate the premises as a
HMO. The farm is aware, however that if they operate as a HMO in the
future they will require to be Licensed
3.4
Following investigation by the Private Water Supply Technical Officer it was
established that non of the three farms referred to above were using their
Private Water Supply for their worker accommodation
3.5
It is considered that the caravan accommodation on agricultural holdings in Fife is
low risk. We do not intend to inspect them on a regular ie annual basis however it
is our intention to further develop joint working activities and communication with
Partner Agencies such as the GLA, SAWS and the Labour Providers. This will
include joint random inspections.
3.6
There is an exemption clause under the Act which allows farmers to provide
accommodation for a particular season. Thereafter the caravans must be removed
and can only return the following year. To do otherwise would require planning
permission and possibly a Site Licence. The Act is now out of date as there was
only one farm in fife that operated a traditional growing season at the time of the
survey. The exemption only applies to workers who live and work on the same
farm.
3.7
The Council can apply to the Ministers to have the seasonal exemption lifted.
3.8
Fife Council must consider the options available to it to ensure that it has an
effective strategy for monitoring all agricultural/Migrant Worker Accommodation in
Fife. The strategy should take account of the aforementioned problems with the
legislation and the fact that most but not all farms were subject to the
standards/monitoring regime operated by SAWS/Labour Providers. It is considered
essential that Fife Council works closely with the Farmers and Partner Agencies in
developing the strategy.
List of Appendices
Appendix 1- Legislation
Appendix 2 - EqIA Checklist and Summary Form
Background Papers
None
Report Contacts
Beverley Green
Lead Officer
Enterprise, Planning & Protective Services
Housing & Ant-Social Behaviour Team
Kingdom House
Glenrothes
Telephone:08451 55 55 55 ext 450463
Roy Stewart
Senior Manager
EP& PS
Protective Services
Kingdom House
Glenrothes
08451 55 55 55 ext 450466
Email-beverley.green@fife.gov.uk
roy.stewart@fife.gov.uk
APPENDIX 1
LEGISLATION
Caravan Sites and Control of Development Act 1960
1
Caravans
Single unit caravans are defined in the Caravan Sites and Control of Development Act
1960 as:“any structure designed or adapted for human habitation which is capable of being
moved from one place to another (whether by being towed, or by being transported on a
motor vehicle or trailer) and any motor vehicle so designed or adapted but does not
include
(a)
(b)
any railway rolling stock which is for the time being on rails forming part of a
railway system or
any tent.”
A Building Warrant is not required for a caravan or mobile home as defined in the Act but
a warrant is required for any drainage installation to serve a caravan, a separately
constructed toilet block or other communal building would require a Building Warrant.
Planning Permission will generally be required in order for land to be used as a caravan
site since the change will be a “ material change of use” and so development.
Part 1 of the Caravan Sites and Control of Development Act 1960 deals with site
licensing of caravan sites. Subject to various exemptions, a licence must be obtained
from the Local Authority by a person who wishes to use land as a caravan site, and using
land as a caravan site with out a licence is an offence. The Act allows a Local Authority
to attach conditions to a licence. A site licence can only be obtained once an operator
has planning approval
Gives the ministers powers to specify “model standards” for caravan sites.
The Local Authority when deciding what (if any) conditions to attach to a site licence they
must have regard to the Model Standards. These standards do not have to be followed
rigidly by the Local Authority, they can omit or adjust as they see fit. The Model
Standards apply to Residential and Holiday Sites but not to Gypsy Travelling sites.
The standards cover a wide range of requirements such as;
Layout of site; fire precautions; services (Electrical installations, storage of LPG gas;
sewerage, refuse disposal, water supply) toilet and washing facilities, incidental matters
such as signs and notices, etc.
Schedule 1 of the Act also allows for an exemption for seasonal agricultural workers.
“Subject to the provisions of paragraph 13 of this schedule, a site licence shall not be
required for the use as a caravan site of agricultural land for the accommodation during a
particular season of a person or persons employed in farming operations on land in the
same occupation.
Part 5 of the GPD Order implies that such caravans must be removed as soon as
reasonably practical after the end of the season.
Paragraph 13 of Schedule 1, permits the Local Authority to apply to the Scottish
Government for an Order, which if granted has the effect of exempting the exemption for
seasonal workers caravan sites. This process takes several months as there is a 3 month
consultation process. If successful this would result in the farmers requiring to apply for
planning Permission and thereafter a Site Licence.
“The use of agricultural land as a caravan site to accommodate workers on the land.”
This exemption applies to accommodation “during a particular season”. The courts have
decided that the exemption does not apply where caravans on a farm were used
throughout the year. The exemption is for situations where there is a seasonal influx of
workers for some purpose, such as picking fruit. Ministers have powers to remove this
exemption.
2. Caravan Sites Act 1968
Deals with people who live on residential sites, not holiday or touring sites.
Having 3 mains effects:
1)
2)
3)
Protects occupiers from being unlawfully evicted or harassed.
The court is given power to suspend an eviction notice, thus allowing the occupier
to remain in the caravan.
Requires that a minimum of 4 weeks notice be given, if the site owner wishes to
make an occupier of a caravan leave.
The Act gives some basic protection to occupiers of caravans against losing their homes.
It does not give complete security of tenure.
3. Mobile Homes Act 1983
(Does not substitute for the 1968 Act only adds to it.)
This Act was passed to provide a greater degree of protection to occupiers of caravans
albeit only where;
a)
b)
Protects only owner occupiers of mobile homes.
It applies only were the occupier has an agreement with the site owner.
The 83 Act is concerned with the regularity agreements for siting mobile homes on land.
The Act lays down what the main terms of an agreement must be, and says that there
must be a written statement setting out those terms. The Act also contains provision for
dealing with transfer of agreements. It gives the court the power to amend agreements in
certain ways and to deal with disputes about agreements.
4. Health and Safety at Work Act 1974
This Act lays a duty on the site owner (farmer) to ensure, so far as reasonably
practicable, the health and safety of himself, his employees and any third parties who
may be affected by his activities. This will include the site residents and any visitors to
the site including contractors and includes the residents living accommodation.
5. Housing (Scotland) Act 2006, Part 5
5.1
Sets out the Scheme of HMO Licensing
A caravan is not a building and therefore does not fall under the definition of a
HMO
6.
General Site Legislation
6.1
Planning Consent is not required to create a caravan site for agricultural or
forestry workers on land in the same ownership/occupancy provided:


6.2
The site is not permanently occupied, or
The site is on a registered agricultural holding of over 5 acres and contains no
more than 3 caravans that are on site for no longer than a total of 28days in a
calendar year, or
The site contains only one touring caravan at any one time staying for up to 2
consecutive nights with a cumulative occupancy total of 28 nights in a calendar
year.
Planning Consent is required:-







6.3
To create a seasonal workers caravan site on land not in the same ownership as
the land that the workers are employed on
To convert a farm building into residential accommodation
To house more than 5 workers in an existing dwelling house
To site tents for workers in the open if the site is used for more than 28days in a
calendar year
To site tents within an existing building
To construct or site a toilet block or communal use building e.g dining/cooking,
laundry, recreational facility etc
To convert a farm building for communal use.
Building Warrants
A Building Warrant is not required


To create a caravan site or,
For the siting of individual units
A Building Warrant is required






For the installation of any drainage system, including any private treatment plant
serving an accommodation unit or ancillary facilities
For the siting of any mobile unit that comprises sanitary facilities
Where a group of accommodation units are liked to form a larger building
For the conversion of a farm building to another use such as accommodation
units, communal cooking, dining or leisure facilities
For the conversion of a farm building to form one office
In all cases where a building has more than one storey
APPENDIX 2
Equality Impact Assessment
(Please read the Equality Impact Assessment Guidance to help complete the forms
and/or contact the Equalities Unit for support)
Ownership and background
Title of proposal
Migrant Worker Accommodation on Agricultural Holdings
Brief description
of proposal (including
intended outcomes &
purpose)
Advise Police Fire and Safety Committee of standard of
Agricultural/ Migrant Workers Accommodation in Fife & to
explain proposals for developing strategy to monitor this type of
accommodation in the future.
(1) An Inter Service Group will be reconvened to further
consider the options eg
 Licence Accommodation under the Caravan Sites and
Control of Development Act 1960 by first of all applying
to Scottish Ministers to have the exemption removed or
 use a more informal approach eg the development of a
Voluntary Code;
(2) There will be further development of joint working activities
and communication with Partner Agencies such as the
Gangmasters Licensing Authority, The Seasonal Agricultural
Workers Scheme and the Labour Providers
(3) Fife Council will continue to raise the matter with Scottish
Government through existing work on the Residential Mobile
Homes Stakeholder Working Group.
Lead Directorate/
Service/Partnership
EqIA lead person
Enterprise, Planning and Protective Services (Housing and AntiSocial Behaviour Team)
Beverley Green Lead Officer
EqIA contributors
Start date of EqIA
Reference No.
28th February 2012
EqIA/198/EP&PS
Part 1: Checklist - Identifying Relevance to Equality
How relevant do you think the proposal will be to the following protected characteristics
(previously known as the equality groups)?
Protected characteristics (previously known as equalities groups)
Employees
Equality
group
Age (children & young people, older people)
Relevance of proposal
to each group (H-High,
M-Medium, L-Low)
L
Disability (including people with mental health difficulties)
Race (black and minority ethnic people (incl. gypsy travellers,
refugees & migrant workers)
Sex (women and men)
Sexual orientation (lesbian, gay, bisexual and transgender
people)
Religion or belief
Gender reassignment
Pregnancy & maternity
Marriage & civil partnership
Are there any other groups this proposal may affect? (e.g.
people living in rural areas / areas of disadvantage, homeless
people, people on low incomes or people involved in the
criminal justice system) Expand box as appropriate and
provide details below
L
M
L
L
Agricultural
Workers
L
L
L
L
M
Having considered the range of evidence already available, what kind of impact will the
proposal have on the equality duty? This will help to identify whether the proposal has
any potential to discriminate against the protected characteristics.
Positive No
Negative Evidence for choice of impact


impact
(provide a brief explanation of

evidence used and also whether
there is insufficient evidence to
determine impact)
Foster good relations
√
Advance equality of
opportunity
√
Accessibility of services
(including information and
physical access)
√
By consultation (eg farmers,
Labour providers). Contact with
Migrant/Agricultural workers at
times of farm visits. Improve
relationships between Farmers,
Workers, Local Authority and other
Partner Agencies.
Proposals are designed to develop
a strategy to monitor the standard
and safety of accommodation on
agricultural holdings for all Migrant/
Agricultural workers. In this regard
this should give
Migrant/agricultural workers more
confidence that that they will have
access to good accommodation.
Fife Council officers are more
visible to Migrant / Agricultural
workers at the time of the visits
should they wish to raise issues
with the accommodation or make
contact subsequently. Proposals
relate to improvement of facilities
/services, if substandard, for all
Migrant/ Agricultural workers..
Engagement and inclusion
√
Range of facilities and
services
√
Increased visits also increase the
opportunity to discuss any issues
relating to accommodation with
Migrant/Agricultural workers
The proposals are designed to
improve services/facilities where
these are lacking and reduce any
substandard provision.
Having considered the relevance and nature of the impact above in relation to the equality
groups, please indicate in the matrix below whether a full equality impact assessment is
required.
Positive impact
No impact
Negative impact
EqIA not required
EqIA not required
Full EqIA required
EqIA not required
EqIA not required
Full EqIA required
High relevance
Medium
relevance
Low relevance
EqIA not required
No EqIA required
EqIA may be
required – contact
the Equalities Unit
for advice
Part 2 – Full Equality Impact Assessment
(This form must be completed if a high or medium relevance and negative impact
has been identified in relation to any of the protected characteristics)
1. Contributors to the EqIA
2. Name of policy and brief description of proposed changes
2. In Part 1 Checklist (identifying relevance to equality) provide a brief explanation of the
reasons for identifying high or medium relevance to one or more of the protected
characteristics.
4. Summarise the negative impacts for each protected characteristic (include information
as appropriate such as range of disabilities or different ethnic minority groups
affected).
5. What data, research or other evidence has been used to inform this assessment?
6. Details of consultation and involvement.
7. What does the consultation indicate about the negative impact of the proposal on the
protected characteristics?
8. Recommendations and implementation
9. Monitoring and review arrangements
Date completed: _________________________
Signature or officer name
and designation ___________________________________________________
Date sent to Equalities Unit ______________________________
(enquiry/equalities@fife.gov.uk)
Equality Impact Assessment (EqIA) Summary Form
Identified Impacts and Recommendations
Key positive impacts
Improves standards of accommodation
and provides increased opportunity for
dialogue and information gathering
Key negative impacts
None
Key no impacts
None
Recommendations to enhance impacts
Further consultation with partner
Agencies/Stakeholders in developing a strategy to
monitor Agricultural/Migrant Workers
accommodation. Further development of joint
working activities and communication with Partner
Agencies
Recommendations to minimise impacts
Recommendations to address no impact
Any other issues arising from EqIA
What is the outcome of the EqIA? (please tick)
Outcome 1 Proposal is robust with no adverse impacts or missed opportunities
and low relevance so no change to proposal and/or implementation
Outcome 2 The EqIA identifies potential negative impacts or missed opportunities
with low relevance or medium so continue with proposal but adjust proposal and/or
implementation
√ on
basis of
may need
to revisit
as
proposal
is
developed
Outcome 3 The EqIA identifies potential negative impacts or missed opportunities
with high or medium relevance to one or more protected characteristics.
If Outcome 3 has been selected an EqIA should have been carried out using the Part 2
form.
EqIA Sign Off
Name, designation and date of senior officer
responsible for proposal
To be completed by Equalities Unit
EqIA checked by:
Name:
Designation:
Date any comments
passed to Lead contact:
Date:
Date EqIA published: