At Just Fair, we are deeply interested in how the law, and the work that duty bearers do, can better reflect people’s lived realities.

That’s why we are particularly interested in seeing how the assessments required by the socio-economic duty (in force in Scotland under the Fairer Scotland Duty) interact with other assessments duties during decision making.

We believe, if used effectively, combined impact assessments can help decision-makers understand issues in a more factual, holistic way, and so understand the range of ways they can impact people, examine the mitigations available and make better-informed decisions.

Falkirk’s recent budget

An important example arose recently for Falkirk Council.

In Falkirk Council, “Equality and poverty impact assessments (EPIAs) are completed to help inform decision making, to show the impact on protected characteristics known and to set out mitigation where possible for any negative impact identified.” The EPIAs combine duties under the Public Sector Equality Duty and the Fairer Scotland Duty. It is hoped that this ‘combination’ will not only avoid duplication of effort but also provide a more comprehensive understanding of impact.

Balancing the Council budget is a legal requirement for Falkirk Council, and earlier this year there was a budget proposal for a 13.7 per cent council tax rise, but this would have included cuts including Early Learning and Childcare (ELC) places, school bus routes and to teachers and classes.

The EPIAs on the proposed budget raised serious issues – the EPIA on the proposed ELC cuts highlighted both that no consultation with those with protected characteristics or socio-economic status was carried out, and that there would be a negative impact on poverty. In addition, there were five other proposals that EPIAs could not confidently demonstrate compliance with PSED / Fairer Scotland Duty or potentially duties under section 6 of UNCRC (Scotland) Act.

At the budget meeting on 6 March 2025, Independent councillor Laura Murtagh specifically raised the lack of consultation with those directly impacted by the proposed changes and put forward an amendment that noted the lack of appropriate consultation and dropped the proposals. 

A new budget was passed. While it represented a 15.6 per cent increase in council tax – or a £4.09 per week increase for Band D property (50p more a week than the previous proposal), it rejected the cuts and included funding for a transport study to explore bus improvements and money to improve road safety around primary schools. 

While the decision did represent an increase in council tax, it meant the burden would be borne more fairly across society and cuts wouldn’t be on the backs of those least able to bear it as demonstrated in the EPIA.

Combined impact assessment

The use of EPIAs in this instance allowed Falkirk Council not only to understand the fuller impact of the proposed budget, but also that proper consultation had not been carried out with those who would be most particularly impacted.

It also allowed the Council to take a different approach, where the burden of balancing the budget could be shared more fairly across society, and not disproportionately impact a particular group – such as children.

In this instance, combining duties under the PSED and Fairer Scotland Duty through EPIAs has allowed Falkirk to chart a fairer way forward through the difficult reality of balancing a budget.

This kind of example is particularly important now, as the UK Government has opened a call for evidence in advance of fulfilling the Labour Party’s manifesto commitment to enact Section 1 of the Equality Act 2010. The call for evidence runs until 30 June 2025.

A rights-based approach?

At Just Fair, we believe that a rights-based approach puts people at the centre of decision making. In undertaking a combined impact assessment, in understanding the various impacts that the proposed cuts would have on those already experiencing economic hardship, and in taking action to mitigate this, Falkirk Council has taken an important step in rights-based decision making.

The decision they made was a complex one, and difficult one – it resulted in a rise in council tax. However, the Council has mitigations in place to ensure that those experiencing economic hardship pay a different level of council tax. Therefore, in taking this approach the Council is working to ensure the extra financial pressure of balancing the budget is being borne by those who can more easily afford to, while at the same time protecting those who are experiencing socio-economic disadvantage.