HUMAN RIGHTS ACT (HRA) 1988
CONSIDERATION OF IMPACT ON POLICY
Name of department:
Title of policy* being assessed:
Name and role of the officers
completing this assessment:
Contact telephone number(s):
Environment & Transport Department
Local Transport Plan 3 (LTP3)
Andy Yeomanson,Team Manager, Transport Policy
Donna Hall, Assistant Engineer, Transport Policy
0116 305 7184
0116 305 7322
Date assessment completed:
11 July 2013
* NB ‘Policy’ is taken as shorthand for policy, programme, project, practice or service.
Please provide a brief description of the policy being reviewed:
The third Leicestershire Local Transport Plan (LTP3) is a strategic policy document. It
sets out how the Authority will manage and improve transport provision and planning in
Leicestershire. This includes how well our transport network contributes to the delivery of
wider strategic priorities, including supporting the economy and promoting equality of
access.
LTP3 consists of 2 parts: the long term (15 year: 2011-2026) Strategy and 5 short-term (3
year) Implementation Plans. It is classed as a key decision, with any changes to the
Implementation Plans being approved by the Cabinet, and changes to the Strategy being
approved by the County Council.
LTP3 was published in April 2011 and can be viewed at:
www.leics.gov.uk/ltp/current_transport_plans.
Please also clarify whom this policy most directly affects, as that may not always be
clear from the title of the policy (and bear in mind that a policy also may have a
disproportionate impact on a particular social group because that group has needs which
are distinct from the general population).
LTP3 is aimed at a wide range of people, including all road users, residents and visitors to
the county who use the highway network, regardless of social group. It aims to benefit all
users, by providing greater transport choice and addressing specific transport problems.
One goal of LTP3 is to have an accessible and integrated transport system that helps
promote equality of opportunity for all of our residents. However, we recognise that some
decisions could inadvertently impact on particular groups. For instance people living in
rural areas or with limited mobility or availability of particular modes of transport may be
affected by the quality or choice of service available.
When assessing the human rights impact of a policy it is important to look not only at what the
intention of the policy is, but also its outcomes (or likely outcomes) – both direct and indirect. Using
Document1
the HRA Guidance Document of 1st May 2013, indicate with a tick in the table below whether or not
any of the following Articles are considered do or may apply to the above-named policy:
Part 1: The Convention – Rights and Freedoms
Article 2: Right to life
Article 3: Prohibition of torture, inhuman or degrading treatment
Article 4: Prohibition of slavery/forced labour
Article 5: Right to liberty and security of person
Article 6: Right to a fair trial (applies to criminal and civil issues)
Article 7: No punishment without law
Article 8: Right to respect for private and family life
Article 9: Freedom of thought, conscience and religion
Article 10: Freedom of expression
Article 11: Freedom of assembly and association
Article 12: Right to marry
Article 14: Prohibition of discrimination (linked to convention rights)
APPLIES /
MAY APPLY












APPLIES /
MAY APPLY
Part 2: The First Protocol
Article 1: Protection of property/peaceful enjoyment
Article 2: Right to education and out-of-school children
Article 3: Right to free elections
N/A
N/A



Please state whether there are any current references in the policy (providing the text or a
brief summary) and to which Article(s) the references apply:
Article(s)
Current references
Part 1: The Convention – Rights and Freedoms
LTP3 contains references to road safety throughout the document (see
2
Chapter 8: Improving road safety).
LTP3 contains references to services that may result in appeals, such as
6
school transport (see Chapter 7: Improving the connectivity and accessibility of
our transport system).
LTP3 contains reference to engagement and consultation that was undertaken
8
during the development of LTP3 (see 1.20 and 4.19 (3)).
LTP3 contains references throughout the document to a variety of transport
14
services that are provided to a wide group of people. One goal of LTP3 is to
have an accessible and integrated transport system that helps promote
equality of opportunity for all of our residents.
Part 2: The First Protocol
2
LTP3 contains references to school travel throughout the document (see
Chapter 7: Improving the connectivity and accessibility of our transport
system).
Please state why you consider that any particular Article does or may apply to the abovenamed policy:
Document1
Article(s)
Reasons for applicability
Part 1: The Convention – Rights and Freedoms
2
6
One goal of LTP3 is to have a transport system that improves the safety,
health and security of residents. We minimise the risk of fatal, serious and
slight road traffic injury through the provision of road safety measures, road
safety audits and road safety education etc. This goal directly applies to
Article 2 as it involves protecting people from danger.
LTP3 is a strategic policy document which sets out the approach that the
Authority will take to manage and improve transport provision and planning in
Leicestershire over a 15 year period. Decisions taken on the development of
LTP3 (both Strategy and Implementation Plan) are based on the analysis of
evidence, including responses from consultations.
It is possible that people may object to the high-level decisions taken on future
transport/service provision (for example on our long term approach to rural
transport or on the areas that we will focus on), and they may want to make
representation against these decisions.
Note:
It is perhaps more likely that people will want to make representation/appeal
against decisions made on specific services/schemes etc (as opposed to area
wide decisions). The opportunity to do this will be provided by specific service
areas during consultations on service changes and/or scheme development.
8
14
Although the department deals with enforcement proceedings (for example by
the Notice Processing Unit), highway licences (e.g. waste) and planning
decisions etc these are either not covered by the LTP3 or decisions are taken
by a different Authority.
We engaged and consulted at appropriate points when developing LTP3,
taking the views of service users, key stakeholders, partners and interest
groups etc into consideration. We will continue to engage and consult, as
appropriate, during future development/reviews of LTP3.
As consultation processes may require accessing and handling personal
information the Data Management Act will apply.
Note: individual scheme consultation is undertaken by service areas at
appropriate points in a schemes development.
One goal of LTP3 is to have an accessible and integrated transport system
that helps promote equality of opportunity for all of our residents.
LTP3 introduces transport measures to address identified problems. To help
achieve our strategic objectives some proposals may target specific groups
and not others. We recognise that there may be a risk that some decisions
could inadvertently impact on certain groups. An example would be
encouraging modal shift by improving bus services for commuters, but not for
others. This may inadvertently impact on older people, women or carers with
children.
Opportunities to raise concerns and identify possible discrimination includes
through initial development, scheme engagement/consultation and Equality
Impact Assessments.
Part 2: The First Protocol
Document1
2
This Article may be applicable where strategic decisions impact on school
transport provision, possibly impacting on educational choice.
What text/guidance/information might you be able to add to the policy to begin to address
Human Rights Act implications ?
Article(s)
Possible additional text/guidance/information
Part 1: The Convention – Rights and Freedoms
2
6
8
14
Consider providing information about the HRA and Article 2. This could be
within a future refresh of LTP3, or contained within the HRA impact
assessment as a supporting document on the LTP3 website.
Explain that the Authority introduces road safety schemes at locations that are
experiencing the greatest number of accidents, and these schemes are
introduced county wide. The new area approach provides an opportunity for
even greater co-ordination and road safety benefits in the LTP3 priority areas.
Consider providing information about the HRA and Article 6. This could be
within a future refresh of LTP3, or contained within the HRA impact
assessment as a supporting document on the LTP3 website.
We will continue to ensure that the public are provided with clear guidance on
how they can get further information and challenge decisions during
consultations/engagement.
Consider providing information about the HRA and Article 8. This could be
within a future refresh of LTP3, or contained within the HRA impact
assessment as a supporting document on the LTP3 website.
Consider further explanation on the engagement/consultation undertaken to
develop LTP3 and how the information is used.
Consider providing information about the HRA and Article 14. This could be
within a future refresh of LTP3, or contained within the HRA impact
assessment as a supporting document on the LTP3 website.
If it is necessary to treat some people more favourably than others ensure that
there is an objective and reasonable justification for the discrimination.
Engagement / consultation exercises may need specific consideration of
access to information and feedback mechanisms for some social groups.
Part 2: The First Protocol
2
Consider providing information about the HRA and Article 2. This could be
within a future refresh of LTP3, or contained within the HRA impact
assessment as a supporting document on the LTP3 website.
LTP3 is a high-level strategic policy document aimed at managing and
improving transport provision and planning in Leicestershire. It aims to provide
wider transport choice for all road users, including children and parents.
Decisions on specific school transport services will be taken by the relevant
service area and, where appropriate, these service areas will produce their
own Equality Impact Assessments, HRA impact assessments and undertake
their own consultations/engagement.
Where appropriate reference to appeals/complaints procedures could be
provided.
Document1
Please set out what else you consider needs to be done to address Human Rights Act
implications for the policy:
LTP3 is a strategic policy document which sets out how we will manage and improve
transport provision and planning in Leicestershire. Specific services are managed and
delivered by many teams and service areas across the department. Where appropriate
these service areas will complete their own HRA impact assessment on the services that
they deliver. Consideration should be given to departmental overlaps e.g. where high level
HRA impact assessments will need to be considered by service areas when developing
their own service area HRA impact assessments. Appropriate teams/service areas should
be advised of this impact assessment, so that they are aware of its content when
considering their own services.
Reference to HRA implications should be provided in the corporate Consultation
guidance/toolkit, EIA toolkit, complaints and claims processes (including petition
guidance), as appropriate.
Further guidance on HRA impact assessments should be provided to officers, including
general guidance, best practice and examples of good/bad HRA impact assessments.
In addition the link/overlap with Equality Impact Assessments (EqIAs) should be agreed,
and further guidance provided.
Document1