In your report to HATOC you reference compliance with the Equalities Act 2010 and the impact it is having on protected groups as a reason for removing the scheme. Under the Equalities act age is a protected characteristic, and this applies to those of young age as equally as those of older age. Given the age group makes up 19% of East Heavitree and Whipton and the group aged 4-15 are the group most likely to be killed or seriously injured by a car, this seems to be particularly relevant to this issue.
For reference, the report to the Highways and Traffic Orders Committee (HATOC) is now available on our website.
1. Please can you detail what methods you have taken to gather the views and needs of this age group as a protected characteristic. (It should not need stating that this group is unable to represent their views by voting nor by respond to the consultation).
The published Equality Impact Assessment addresses the impact on this age group. It is expected that parents and carers would advocate for the views of this age group and schools have been contacted regarding the trial.
2. If you have not made any specific efforts to gather the views and needs of this age-group, please could you:
a) Justify how you feel that is in accordance with the Equalities Act 2010
N/A
b) Share any legal advice you have taken to ensure this is a defensible position.
Advice was taken from the Monitoring Officer and from an independent Kings Counsel (KC). The advice is exempted under Section 42 (1) of the Freedom of Information Act (Legal Professional Privilege).
The Council has considered the public interest in releasing this information and recognises there is a public interest in openness and transparency. However, there is a stronger public interest in ensuring that DCC can engage in confidential legal communications and receive legal advice. Therefore, the balance of public interest weighs in favour of withholding this information from disclosure.
Legal considerations were provided within the HATOC report and are publicly available.
3. If you have sought the views of this group and their needs are different to the needs or desires of another protected group – please could you detail the methodology you have used to weigh the rights of one group against another in order to come to a overall recommendation balancing contrasting needs – has this been formally performed at all?
The HATOC report and the Equality Impact Assessment present a factual balance of the needs of groups. The HATOC Committee are the decision making body that
review this information.