3. What assessment has the Counsel General made of the way local authorities are complying with the Equality Act? OAQ53481

The Equality and Human Rights Commission has statutory powers to assess the extent and manner in which a public authority in Wales has complied with the public sector equality duty. The Welsh Government works closely with the commission on monitoring arrangements and on the Welsh Ministers’ report on equality.

As you are aware, under section 20 of the Equality Act 2010, service providers have a duty to make reasonable adjustments for a disabled person in the way they deliver their services. However, I am aware of an example where a local authority has refused to install a disabled access gate at a public park. Now, this seems wholly unreasonable and clearly prevents wheelchair users in the area from enjoying the use of the park. Do you agree that local authorities should be providing disabled access to public parks in order to comply with this legislation?

I absolutely believe that local authorities need to take their duties, under the Equality Act 2010 seriously, including the one that he has just identified. I know that the publication of the local government settlement, which provides the core, unhypothecated funding, local authorities are reminded by letter from my colleague the Minister for Housing and Local Government about that requirement to comply with the general equality duty under the Equality Act 2010. There are, of course, in addition to that, additional duties under that Act—the public sector equality duty in particular—which it's incumbent on local authorities across Wales to comply with.

The Social Services and Well-being (Wales) Act 2014 Part 2 code of practice states that,

'the Public Sector Equality Duty contained in section 149 of the Equality Act 2010 requires all public authorities to have due regard to protected characteristics when exercising their functions', and that,

'The Equality Act 2010 requires that reasonable adjustments are made to ensure that people have equal access to information, advice and assistance services. Local authorities must also ensure that people have the appropriate support to enable them to access the service.'

I routinely represent constituents to local authorities on issues ranging from disability support services to British Sign Language, to autism, to wheelchair access—even access to employment. The Equality Act and the Social Services and Well-being (Wales) Act are never mentioned until I mention them, and then it's damage limitation time.

So, what action are you taking to ensure, for example, that the weaknesses identified in the Wales Neurological Alliance report on behalf of the cross-party group on neurological conditions published last November, following a survey of people living with neurological conditions, which identified a lack of information, advice and assistance, with people with neurological conditions not being signposted to review or to have a voice—? The key point is: how is the Welsh Government monitoring local authority understanding and implementation of the codes under the Social Services and Well-being (Wales) Act, because too often, by accident or design, this is not being done as it should? 

The Member identifies an important question in his supplementary. The public sector equality duty is fundamental, of course, to the operations of local authorities. We were the first Government to bring in specific equality duties in order for public bodies to better perform their duties against that broader set of duties.

He may know that the EHRC has commissioned a piece of work to inform it in relation to compliance of local authorities generally, and to inform its own work about compliance across a range of duties, using that to drive forward action on ensuring that public bodies are complying with their equality duties at large. He will also know that the Welsh Government publishes a report periodically on public sector equality, and that will be published in the forthcoming weeks.