Introduction

We expect councils to be able to show us how they have considered their equality duties. However, we are likely to be critical if this is simply a ‘box ticking’ approach. Well informed consideration of duties will include weighing up the circumstances of individual cases, not making routine decisions solely as a paper exercise.

David’s story: Default approach to considering equality duties 

(Case ref: 20 010 205)

David complained to the council about how it considered a reserved matters planning application for a housing development on land near his home.

Amongst other issues, David complained the council’s report on the application did not include any reference to how it considered its public sector equality duty. In response, the council said it had not included its standard paragraph about this by mistake.

The council said it always took equality issues into account when considering planning applications but did not always make records to reflect this, if no specific issue is raised during consideration. 

In this case, it said no issues were raised that would affect groups with protected characteristics as identified by the Equality Act.

What we found

Local objections to the scheme referred to the types of houses proposed on the development. They said locally it was an aging population and that bungalows should be included. They also pointed out the site was on a steep hill and there were no properties suitable for the aged and infirm.

The council’s response, that it was an administrative error not to include the standard paragraph on considering equality duties, suggests it is included as a box-ticking exercise. The local objections should have prompted the council to specifically consider them in terms of its equality duties. The consideration should be active and not an administrative formality. 

While we did not uphold other areas of David’s complaint, we said there was fault in how the council considered its equality duties.