EQUALITY IMPACT ASSESSMENT (EIA) PRO-FORMA
Legislation says that the University must take steps to understand the effect, or potential effect, of its
policies* on different groups of people. This is to ensure that a policy is neither directly nor indirectly
discriminatory and to identify how it does, or could, advance equality and foster good relations
between different groups of people.
Legislation groups people by ‘protected characteristics’ and it is these ‘protected characteristics’ that
need to be considered when carrying out an EIA.
The protected characteristics are: disability, race, sex, age, gender reassignment, marriage and
civil partnership, pregnancy and maternity, religion or belief and sexual orientation.
Your help is needed to do this, not just because the law says so, but because the University is
committed to equality of opportunity for all and to ensuring that all the University’s policies are
developed with an awareness of their consequences for different groups of people.
Heads of Sections/Departments are responsible for ensuring this form is completed for each policy
they ‘own’. It should take no more than 30 minutes to complete. Questions 1-6 only of this EIA proforma need to be completed for new policies. For existing policies, please answer all the questions.
Policies should be assessed for their effect on equality every 3-5 years.
* For the purpose of EIAs, the term policy refers to formal policies, procedures and processes. It does
not include informal policies, procedures or processes.
Name of policy
Student Support Confidentiality Policy (including Confidentiality
Policy for the wellbeing service)
Web address of policy
http://www2.essex.ac.uk/stdsup/policies/confidentiality_policy.shtm
Policy-holding
Department/Section
Student Support – Academic Section
Is this a new or existing policy?
Existing
Date assessment completed
08/01/2013
Name and job title of person
completing pro-forma
Adam Atkins Graduate Trainee
Rachel Fletcher Director of Student Support
Q1. What is the purpose of the policy?
Student Support is committed to providing a confidential service to students. The Confidentiality
Policy enables students to discuss sensitive matters with an Adviser in a confidential environment.
The policy means that students can have confidence in the fact that no information will be passed
onto a third party without their prior expressed consent.
Q2. Does the policy involve, or have consequences for, the people the University serves and
employs?
Yes. The policy recognises students as autonomous adults and as a result means that Student
Support will not discuss a student’s case with any other department of the University, or any external
agency or person, unless prior consent has been obtained from the student. On rare occasions there
may be a significant reason for why the student does not want details of their case shared with third
parties. In these instances it is important that details are not disclosed for the safety of the student, for
example. Any University staff members who do not abide by the Confidentiality Policy and disclose
information about students who have not given consent, could also be in breach of the Data
Protection Act.
1
Q3. Does the policy require decisions to be made in relation to individuals or groups of
individuals?
Yes. There are instances wherein the student’s situation calls for there to be an agreed disclosure of
information. Such instances occur when:
 Disclosure is required by law.
 A student’s health or safety is at risk.
 A student is at risk of serious exploitation or abuse.
 There are serious concerns about a student’s mental health.
 There is a risk to others (e.g. to follow the professional practice and conduct regulations).
 Where a student is under 18 and there is a child protection concern.
Q4. What is the decision-making process and is it fair and transparent?
If it is thought that the student’s case requires there to be an agreed disclosure of information as a
result of one of the above situations, the following steps should be taken:
 The adviser should raise the matter immediately with their Line Manager.
 The adviser should discuss with their Line Manager the issues involved and explain why they
think confidentiality should be broken. The Line Manager and adviser should then agree on
what steps should be taken next.
 If the Line Manager and adviser do not agree, the ultimate decision is to be made by the
Director.
 In all circumstances the student involved should be informed, as far as practicable, of the
decision to breach confidentiality and the reasons why the decision has been taken.
In following this procedure a decision is made based on the best interests of the student. The decision
is also made based on an in depth discussion between more than one staff member.
Q5. Please give details of what equality training is provided for decision makers?
All staff members in Student Support have access to the Confidentiality Policy, which outlines the
parameters for which staff can look to assess whether a particular case falls within the limits of the
Policy, or indeed if the case extends beyond the outlined parameters. All staff are required to
familiarise themselves with this document regularly throughout the year. The document also gives
reference to the Data Protection Act, which is directly related to the Student Support Confidentiality
Policy.
All new Student Support staff are also required to complete the online equality and diversity training
programme.
Q6. Referring to the list of protected characteristics at the top of this form, how do you/will you
monitor the effect this policy has on groups of people with these PCs?
All Student Support clients are protected by the Confidentiality Policy regardless of any of the above
protected characteristics. In instances whereby a student is considered to be at risk due to serious
concerns about their mental health and it is deemed appropriate to discuss agreed disclosure, this is
only decided upon after a close consideration of risk in accordance with the outlined parameters.
There has also been a separate Confidentiality Policy created for students accessing the Wellbeing
Service. The policy runs alongside the main Student Support Confidentiality Policy and outlines more
clearly in what situations agreed disclosure might be considered in relation to concerns over mental
health. The inclusion of this separate policy demonstrates a way in which further consideration has
been specifically given to students with mental health difficulties.
Q7. Referring to Q6 above, have you identified any positive or negative impact on any group of
people who share a protected characteristic?
Students at the University may wish to engage in support for a disability or specific learning difficulty
but may not want their academic department to be aware of their situation. The Student Support
2
Confidentiality Policy allows for this level of privacy and encourages students to disclose and engage
in support at a personal level.
Q8. Have there been any complaints or issues raised about the policy in relation to its effect
on people who share a protected characteristic? Please answer Yes or No. If yes, please expand.
No
Q9. Are there any (further) measures that could be taken to continue to ensure the policy is
neither directly nor indirectly discriminatory? e.g. additional data collection/monitoring or
training.
N/A
Q10. Have you identified any ways in which the policy does, or could advance equality or
foster good relations between different groups of people?
Yes. The Student Support Confidentiality Policy gives students from a wide range of backgrounds
with a wide range of issues, the option of using a support service whilst still maintaining their
autonomy and privacy within the university environment. In turn, the policy allows for students to
decide whether they want their personal information shared or not (whether it be information about a
disability, or other protective characteristic).
Please now email the completed form to diversity@essex.ac.uk. The Equality and Diversity
Committee (EADC) have responsibility for overseeing the completion of EIAs. Equality and Diversity
will assess the information provided in the first instance and will either:



Decide that no action is required and report this to the Equality and Diversity Committee;
Recommend actions to be taken and report this to the Equality and Diversity Committee *;
Refer the EIA to the Equality and Diversity Committee who have the option to require a more
detailed assessment be carried out.
The individual completing the EIA pro-forma will be informed of the outcome of the assessment by
Equality and Diversity as soon as possible after submitting the form.
*If Equality and Diversity recommend action(s) be taken, a report outlining the progress made against
the recommended actions will be requested one year after the EIA has taken place.
For completion by Equality and Diversity
Name of Policy
Student Support Confidentiality Policy (including
Confidentiality Policy for the wellbeing service)
Should this EIA be referred on to the Equality
and Diversity Committee for further
consideration?
No further consideration required at present.
If no, what recommendations, if any, should
be made to the Policy-holding
Department/Section?
Consideration should be given to linking to the
Confidentiality Policy from the Student Support
home page where offering ‘confidential advice’ is
mentioned.
Date:
25 January 2013
Signed
Karen Bush, Equality and Diversity Manager
3