updated October 2010
Strategy for Equality Impact Assessments (EQIAs)
1. Background to EQIAs
The requirement to carry out equality impact assessments was first introduced through the
Equality Act 2006. This strategy provides details of EQIAs carried out by HMIE to date and
outlines how future EQIAs will be carried out.
In October 2010, HMIE won a UK-wide Civil Service Equality and Diversity Award in the
category of transformative equality impact assessments1. We were pleased to have our work
in this area recognised and are committed to continue to ensure that out EQIAs lead to
positive outcomes for our staff, and for children, young people and adult learners in
Scotland.
The Equality Act 2010 came into force in on 1st October 2010. It provides a new UK-wide
cross-cutting legislative framework to protect the rights of individuals and advance equality of
opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver
a simple, modern and accessible framework of discrimination law which protects individuals
from unfair treatment and promotes a fair and more equal society.
The new Act places a general duty on public bodies to have due regard to the need to:
eliminate discrimination, harassment and victimisation that is prohibited under the Act;
advance equality of opportunity between people who share a protected characteristic and
those who don’t; and foster good relations between those who share a protected
characteristic and those who don’t. The Scottish Government is currently consulting on the
specific duties for public bodies and these are likely to come into force in April 2011.
The new Act introduces the new terminology of "protected characteristics". The protected
characteristics are: age; disability; gender reassignment; marriage and civil partnership;
pregnancy and maternity; race; religion or belief; sex; and sexual orientation. The new
legislation applies to all the protected characteristics in a consistent way. EQIAs carried out
from October 2010 onwards will take account of all the protected characteristics.
2. EQIAs: who has to do what?
Every one of us within HMIE has an individual, as well as collective, duty to ensure the lack
of discrimination and bias, and the promotion of equality and diversity, in our daily work. We
must be aware of our responsibilities and be able to demonstrate how we promote equality
through our work. We must assess the impact of our work (policies, procedures, strategies,
tasks, inspection and review frameworks) on those individuals and groups whom our work
affects (internally and externally). Assessing the impact means establishing the extent to
which our activities ensure the avoidance of discrimination and bias, and the promotion of
equality and diversity.
1
http://network.civilservicelive.com/pg/pages/view/376734/
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updated October 2010
We have produced a schedule for carrying out equality impact assessment of our policies,
procedures etc, beginning with those likely to have the most (positive or negative) impact.
New specific duties relating to the Equality Act 2010 are likely to require us to assess the
impact of new policies and procedures.
3. How do we carry out an equality impact assessment?
In order to conduct a meaningful EQIA, you should complete the four steps on the equality
Impact Assessment form. It is self-explanatory. Remember that you can use the same
equalities-related data and evidence (in Step one) for more than one EQIA. We are
currently working towards improving the quality of our data, both internal and external. It is
good practice to involve individuals from the protected characteristic groups in the EQIA
process.
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EQUALITY IMPACT ASSESSMENT: PRO FORMA
What policy, procedure or task is being assessed?
Date of
implementation/changes
Strategy :
Task:
Procedure:
STEP ONE: Identify aims and scope of the work:
What are the main aims
of this work?
Upon whom will this work Include all relevant HMIE personnel and external
stakeholders
impact?
What do we know about
these groups in terms of
each of the following?
Use HMIE’s existing data and evidence to provide specific
information for each protected characteristic
o Race
o Disability
o Gender
o Religion or Belief
o Sexual orientation
o Age
o Other protected
characteristics if
relevant (gender
reassignment;
marriage and civil
partnership;
pregnancy and
maternity)
What further information
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do we require in order to
assess the potential
impact of this work?
How and when shall we
obtain this information?
STEP TWO: Assess the impact of the work:
List potential positive impacts. Make clear which group(s) are
Taking account of the
information noted in Step referred to.
One, in what ways might
this work impact
positively on the groups
identified?
List potential negative impacts. Make clear which group(s)
Taking account of the
information noted in Step are referred to.
One, in what ways might
this work impact
negatively on the groups
identified?
List opportunities. Make clear which group(s) are referred to.
In what ways might this
work provide
opportunities to promote
equality of opportunity
within the groups
identified?
How would we assess the Assess the level of risk as High, Medium, Low or Neutral (see
potential risk of this work notes in Appendix 1)
having a negative impact
GROUP
RISK
on each of the protected
Race
characteristics?
Disability
Gender
Religion or Belief
Sexual orientation
Age
Other protected
characteristics if
relevant (gender
reassignment;
marriage and civil
partnership;
pregnancy and
maternity)
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As a result of this
assessment, what action
shall we now take?
Enter details and timescales of proposed action.
o Make amendments
to the planned
work?
o Add as priority in
relevant HMIE
action plan(s)?
o Undertake a further
impact
assessment?
o Implement the
planned work?
STEP THREE: Monitor the impact of this work:
How shall we monitor the
equality impact of this
work on the groups you
have identified?
When will this work be
reviewed and by whom?
Sign off and publish impact assessment on HMIE website
Policy, procedure or task title:
Strategic Outcome
Smarter
Directorate or Agency
DIRECTOR-GENERAL EDUCATION
Group
Division
HM INSPECTORATE OF EDUCATION
HMIE HR and Equalities Directorate
Name
Chris McIlroy
Signature
Position
Sign off date
HM Chief Inspector
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When carrying out an EQIA, please refer to the guidance provided below to evaluate the level
of concern you have about any potential negative impact on the six equalities groups.

High – The EQIA has outlined a significant number of changes/improvements that need
to be made. There is substantial evidence that people from the group are (or could be)
negatively affected by the policy. Failure to address these issues will result in
reputational risk.

Medium –The EQIA has outlined a few changes/improvements that need to be made.
There is some evidence that people from the group are (or could be) negatively affected.
Failure to address these issues may result in reputational risk.

Low – The EQIA has outlined minor or no changes that need to be made. There is little
or no evidence that people from the group are (or could be) negatively affected. There is
very little reputational risk involved.

Neutral – The EQIA has shown that the group is not affected.
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4. Schedule for carrying out EQIAs
Initial training on EQIAs was delivered to all HMIE staff in February 2008. Following further
training for all inspectors in December 2008, this document provides a pro forma to be used
when carrying out all EQIAs. It takes account of the needs of our organisation, advice from
the Scottish Government’s Equalities Unit, the Equality and Human Rights Commission
(EHRC) and good practice we have seen in the college sector.
Since December 2008, we have given priority to assessing the impact of our policies and
procedures likely to have the most (positive or negative) impact. Members of HMIE’s
Equality and Diversity Group have taken the lead in carrying out the assessments, in
collaboration with staff who have particular responsibility and expertise in the area of work
being assessed.
Section 5 provides an overview of EQIAs carried out to date, and the actions taken as a
result. An updated report on the actions taken following EQIAs on all our inspection and
review procedures is currently in preparation. Section 5 also provides details of which
aspects of our work will be given priority for EQIAs during 2010 and up to summer 2011.
New specific duties relating to the Equality Act 2010, due to come into force in April 2011,
are likely to require us to assess the impact of new policies and procedures. Once this is
confirmed, and recognising that we shall be part of a new agency by July 1st 2011, we shall
produce a schedule for further EQIAs in the summer of 2011.
Completed EQIAs are available, along with this strategy, on the equalities area of the HMIE
website2.
2
http://www.hmie.gov.uk/Generic/Equality+and+diversity
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SECTION 5
HMIE’S POLICIES & PROCEDURES: EQIA SCHEDULE December 2008-October 2010
You can access our equality impact assessments by clicking here.
Strategic Priority 1
Giving assurance and bringing about improvement in standards and quality through inspection and review
POLICY OR PROCEDURE
DATE EQIA COMPLETED
COMMENTS/ACTION TAKEN
Pre-school inspections
22 September 2009
Primary school inspections
26 May 2009
 See IRSG EQIA action points update (Feb
2010). Available on request from ACI with
Secondary school inspections
6 May 2009
responsibility for equalities
Day special school inspections
26 May 2009
 Quality Groups asked to review and
Learning community inspections
22 September 2009
update (June 2010)
College reviews
6 May 2009
Child protection inspections (phase 2)
10 September 2009
DWP-contracted employment provision
7 June 2010
DWP inspections now cancelled
Residential special school inspections
in draft format
NS Gender Equality leading
Safeguarding policy
in draft format
NS Race Equality leading
Prison learning, skills and employability
planned 2010-11
NS Equalities Dir. 4 leading
IRVOLS
planned 2010-11
Services for children inspections
n/a
Pilot only. No further inspections planned using
this model. Decision taken not to proceed with
EQIA.
Psychological services inspection
n/a
Cycle of inspections almost complete. Decision
taken not to proceed with EQIA.
New principles for inspection and
25 October 2010
review/school inspection framework
Strategic Priority 2
Building capacity for improvement
Follow-though inspection
7 June 2010
Validated self-evaluation (education functions 7 June 2010
of local authorities)
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The Journey to Excellence
7 June 2010
Filming of Ros Miklem EHRC; Alan Miller
SHRC; good practice in race equality
education at Eastwood HS, East
Renfrewshire; good practice in LGBT equality
education at Musselburgh Grammar School,
East Lothian.
Research policy and strategy
International activities policy
Good Practice policy & strategy
Guidance on self-evaluation
Additional Support for CfE
Strategic Priority 3
Giving professional, evidence-based advice
Advice to Ministers and others
Strategic Priority 4
Securing our own continuous improvement
Communications policy & strategy
7 June 2010
planned 2010-11
Discussion needed re revised policy/strategy.
Discussion needed on scope of EQIA.
25 October 2010
Corporate Plan
22 September 2009
HR policy
Business and management planning
22 September 2009
No date planned. Discussion needed on
scope of EQIA.
ACI HR & Equalities leading
Discussion needed on scope of EQIA.
26 February 2008
SG EQIA pro forma used. Improvements
made to policy as a result of EQIA.
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