Whilst discrimination may never be intended, EQIA identify the possibility that this may be a consequence of changes that we make, and allows us to plan ahead to minimise or avoid this. Judicial review cases in respect of equality duties concern whether a public authority has paid/had due regard to the general equality duty when: making a decision, acting or failing to act. A judicial review is a procedure by which a person who has been affected by a particular decision, action or failure to act of a public authority may make an application to the High Court, which may provide a remedy if it decides that the authority has acted unlawfully by breaching the Public Sector Equality Duty. In the event of a legal challenge, for example a judicial review, the courts place significant weight on the existence of some form of documentary evidence of compliance with the Public Sector Equality Duty.

The following principles, drawn from case law, explain what we must do to fulfil our duties under the Equality Act:

• Knowledge: everyone working for the Council must be aware of our equality duties and apply them appropriately in their work. It is essential that the person completing the EQIA should have knowledge and understanding of the service/policy/strategy/practice/plan.
• Timeliness: the duty applies at the time of considering options for change and/or before a final decision is taken – not afterwards.
• Real consideration: the duty must be an integral and rigorous part of your decision-making and influence the process.
• Sufficient information: you must assess what information you have and what is needed to give proper consideration.
• No delegation: the council is responsible for ensuring that any contracted organisations which provide services on our behalf can comply with the duty, are required in contracts to comply with it, and do comply in practice. It is a duty that cannot be delegated.
• Review: the equality duty is a continuing duty. It applies when a service, policy, strategy, practice or plan is developed or agreed, and when it is implemented or reviewed.
• Proper record keeping: to show that we have fulfilled our duties, we must keep records of the process and the impacts identified.