Combined Impact Assessment for Equalities, Future Generations and Welsh Language - Combined Impact Assessment for Equalities ...

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July 2019

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         Combined Impact Assessment for Equalities,
          Future Generations and Welsh Language

Name of policy, strategy, project, programme or scheme – the Proposal
Investment Review 2020 – Appeal Process

New:

Update to existing version:

 Team/ Department:                        Investment Review Project Group
 Person(s) undertaking the assessment:    Angela Thomas
 Date of Assessment:                      8 August 2019
Introduction

The purpose of this Combined Impact Assessment (CIA) is to ensure that the policies and
strategies that we develop promote the Arts Council’s overall priorities. In this case this
means Equalities, Welsh language, and the 7 Well-being goals of the Future Generations
Act (WFGA).

The CIA contributes to effective policy making by encouraging us to think about the impact
and consequences of our work. By specifically addressing these issues at the earliest
planning stage, we’re more likely to develop proposals that best meet Council’s priorities.
And if this process identifies issues or problems, we have the opportunity to take mitigating
action to put things right. This helps us to meet our requirements under the Equality Act
2010, Welsh Language Measure 2011 and Well-being of Future Generations Act.

Throughout this document we use the word ‘Proposal’ to refer to what we are assessing. In
this context, this term includes strategies, projects, policies, programmes and initiatives,
including both new and any existing that are undergoing significant change/update.

Please respond to the following questions, providing appropriate levels of detail.

1. What are the main aims/purposes/outcomes of the Proposal?
   During 2020 we will be undertaking our periodic Investment Review. As a result we will
   be announcing our future core funding to key organisations across Wales. It is likely that
   there will be changes in the levels of funding that we offer, and also to the organisations
   that we support as part of the Arts Portfolio Wales. It is possible that there will be
   organisations who will see the level of funding increased or reduced, or discontinued,
   whilst other organisations we have not funded before may now receive revenue funding,
   as a result of their application.
   In this document we explain the right of appeal, and associated procedure, available to
   any organisation that is dissatisfied with our funding decision. This Appeal Procedure
   applies only to the Investment Review 2020. For complaints about any other matter,
   please refer to the standard procedures outlined in “Making a Complaint.” This
   document is available on our website.

2. Who is affected by the Proposal or who is intended to benefit from the Proposal and how?
   Any organisation who is deemed eligible for application for funding under the terms of
   the Investment Review 2020, either in their own right or as part of a collaborative
   application with another organisation(s).

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3. Have affected parties been engaged/consulted on the Proposal?

   This Appeals Process has been created specifically for the Investment Review 2020 only
   and does not replace or update any existing procedure. In consideration that the last
   Appeal Process was for Investment Review 2015 and therefore pre-dating Well-being of
   Future Generations Act, this proposal and associated Combined Impact Assessment
   (CIA) will undergo a public consultation process at the same time as the Terms of
   Reference for the Investment Review 2020.

   Final versions of the Policy and this CIA will be approved by Council and published on
   our website at the time applications go ‘live.’ All eligible organisations will be made
   aware of its existence and purpose, and its availability to them as a potential course of
   action.

4. What is being done to limit any negative impact or promote positive impact on protected
   groups, Welsh language and Future Generation goals?

   Please complete the table in Appendix 1.

   If adjustments are identified please list in the Actions Template at Appendix 2

   Please refer to Appendix 1 and 2

5. How will the Proposal help promote equality, eliminate discrimination and promote
   good relations?

   The proposal focuses only on the Appeal process undertaken by Arts Council of Wales in
   considering the submission made by eligible organisations, irrespective of who the
   submission is from or the quality of the submission itself, and then only if any of the
   elements described in Section 2.7 of the proposal can be demonstrated.

   The proposal document will be applied consistently to all eligible organisations that are
   in the process of appeal. No significant potential differential impact has been identified.
   There are however, some minor differential impacts, both positive and negative. These
   are evidenced through the considerations outlined in the attached appendices.

 Combined Impact Assessment Approved by:                       Date of Approval

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Appendix 1

Assessment of Impact and Strengthening
This section asks you to assess the impact of the Proposal on each of the protected groups, the Welsh language and well-being goals
of the Future Generations Act. Using the information available identify the effects of this Proposal on the following groups

Please indicate potential impact

                     +           -                How is this category affected     How could you limit the   How can you promote
                   positive   negative     No     and what is the evidence of       negative impact?          positive impact?
                   impact      impact    impact   this?

 Age                                       No     The proposal focuses only         N/A                       N/A
 (across the                             impact   on the process undertaken
 whole age                                        by Arts Council of Wales in
 spectrum)
                                                  considering the submission,
                                                  irrespective of who the
                                                  submission is from or the
                                                  quality of the submission
                                                  itself, and then only if any of
                                                  the elements described in
                                                  Section 2.7 of the policy can
                                                  be demonstrated. The policy
                                                  document will be applied
                                                  consistently to all eligible
                                                  organisations that are in the
                                                  process of appeal and no
                                                  potential differential impact
                                                  has been identified.

                                                                                                                                    4
+           -                How is this category affected   How could you limit the        How can you promote
             positive   negative     No     and what is the evidence of     negative impact?               positive impact?
             impact      impact    impact   this?

Disability              Negative               a) Section 3.1 of the        The published document
                         impact                   policy states that an     will state that any
                                                  appeal must be            representative of the
                                                  made on the               organisation appealing
                                                  accompanying              may complete the form,
                                                  Appeal Form.              providing the completed
                                                                            form carries evidence of
                                                                            endorsement by a senior
                                                                            staff representative
                                                                            of the organisation and the
                                                                            Chair of the Board or
                                                                            senior member of the
                                                                            management body
                                                                            that oversees the work of
                                                                            the organisation.

                                                                            Arts Council of Wales will
                                                                            accept the form in
                                                                            alternative formats as per
                                                                            standard procedures,
                                                                            and we include a statement
                                                                            of this fact.

                                                                            With reference to 6.6 of the
                                                                            policy, we also clarify that
                                                                            any individual(s) solely
                                                                            providing communication

                                                                                                                                 5
+           -                How is this category affected   How could you limit the      How can you promote
               positive   negative     No     and what is the evidence of     negative impact?             positive impact?
               impact      impact    impact   this?

Disability                                                                    support during the meeting
                                                                              will not be counted as one
                                                                              of the two representatives
                                                                              allowed at the hearing.

                                                                          When arranging Appeal
                                                 b) The venue for the     hearings we will strive to
                                                    Appeal hearing may    ensure the location and
                                                    not be within a       timing of the hearing is
                                                    reasonable travel     convenient for all parties
                                                    distance for the      with regard to travel and
                                                    representatives of theaccessibility considerations.
                                                    organisation          We will include the
                                                    appealing.            consideration of the use of
                                                                          Skype facilities as an
                                                                          alternative.
Gender                    Negative            Applicants / Panel Members The Arts Council of Wales       N/A
Reassignment               impact             may feel intimidated should will strive to ensure a mix of
                                              the other party consist of  men and women on the
                                              only one gender             Appeal Panel

Marriage and                           No     Please refer to comment       N/A                            N/A
Civil                                impact   under Age above. The policy
Partnership                                   document will be applied
                                              consistently to all eligible
                                              organisations that are in the
                                              process of appeal and no

                                                                                                                                 6
+           -                How is this category affected   How could you limit the      How can you promote
                    positive   negative     No     and what is the evidence of     negative impact?             positive impact?
                    impact      impact    impact   this?

Marriage and                                       potential differential impact
Civil Partnership                                  has been identified.
Pregnancy                                   No     As above. The policy            N/A                          N/A
and Maternity                             impact   document will be applied
                                                   consistently to all eligible
                                                   organisations that are in the
                                                   process of appeal and no
                                                   potential differential impact
                                                   has been identified.
Race                                        No     As above. The policy            N/A                          N/A
                                          impact   document will be applied
                                                   consistently to all eligible
                                                   organisations that are in the
                                                   process of appeal and no
                                                   potential differential impact
                                                   has been identified.
Religion /                                  No     Meetings dates of Appeal        N/A                          N/A
Belief                                    impact   hearings are always checked
                                                   for convenience with all
                                                   attendees prior to finalising
                                                   arrangements, so should not
                                                   clash with any religious
                                                   festivals or similar.
Sex                            Negative            Applicants / Panel Members      The Arts Council of Wales      N/A
                                impact             may feel intimidated should     will strive to ensure a mix of
                                                   the other party consist of      men and women on the
                                                   only one gender                 Appeal Pane

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+           -                How is this category affected    How could you limit the         How can you promote
              positive   negative     No     and what is the evidence of      negative impact?                positive impact?
              impact      impact    impact   this?

Sexual                                No     The policy document will be      N/A                             N/A
Orientation                         impact   applied consistently to all
                                             eligible organisations that
                                             are in the process of appeal
                                             and no potential differential
                                             impact has been identified.
Culture and   Postive                        The organisations would be                                       We will ensure our
Welsh         impact                         offered the opportunity to                                       commitment to the Welsh
Language                                     conduct all aspects of the                                       Language and this
                                             appeal in the language of                                        opportunity are clear in
                                             their choice at no additional                                    our published version and
                                             costs to themselves. The Arts                                    will encourage
                                             Council will provide full                                        organisations to opt for
                                             professional translation                                         their language of choice.
                                             services as appropriate.
                                                                                                              We will also strive to
                                                                                                              ensure the independent
                                                                                                              reviewers and panel also
                                                                                                              include welsh speakers.
Community                Negative            The venue for the Appeal         When arranging Appeal
(including                impact             hearing may not be within a      hearings we will strive to
rurality)                                    reasonable travel distance       ensure the location and
                                             for the representatives of the   timing of the hearing is
                                             organisation appealing.          convenient for all parties
                                                                              with regard to travel and
                                                                              accessibility considerations.
                                                                              We will include

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+           -                How is this category affected   How could you limit the         How can you promote
                       positive   negative     No     and what is the evidence of     negative impact?                positive impact?
                       impact      impact    impact   this?

Community                                                                             consideration of the use of
(including rurality)                                                                  Skype facilities as an
                                                                                      alternative.
Global                            Negative               a) Representatives of the    When arranging Appeal
(use of natural                    impact                   organisation and          hearings we will strive to
resources, fair                                             Appeal Hearing            ensure the location and
trade/ethical
employment
                                                            Panel Members may         timing of the hearing is
and                                                         incur significant out     convenient for all parties
procurement)                                                of pocket travel          with regard to travel and
                                                            expenses as a result      accessibility considerations.
                                                            of attending the          Skype may be considered
                                                            hearing                   as an alternative

                                                         b) Panel Members who         Individual circumstances of
                                                            may be self employed      each Panel Member will be
                                                            could lose potential      considered and addressed
                                                            income opportunities      when the final Panel
                                                            as a result of            Members are known.
                                                            assisting Appeals         Where appropriate, the
                                                            process as Panel          Arts Council has policy for
                                                            Member                    making per diem payments
                                                                                      when circumstances are
                                                                                      considered appropriate to
                                                                                      do so.

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+           -                How is this category affected   How could you limit the      How can you promote
                      positive   negative     No     and what is the evidence of     negative impact?             positive impact?
                      impact      impact    impact   this?

Health                           Negative            The timing and venue for        When arranging Appeal
                                  impact             the Appeal hearing may not      hearings we will strive to
                                                     be convenient for the           ensure the location and
                                                     representatives of the          timing of the hearing is
                                                     organisation appealing on       convenient for all parties
                                                     grounds of health               with regard to health
                                                     considerations.                 considerations. Skype may
                                                                                     be considered as an
                                                                                     alternative.
Prosperity            Postive                        Please refer to comments
(including            impact                         under Global above. Whilst
sustainability ,                                     we will endeavour to
financial stability                                  address and/or reduce
and career
development/                                         potential loss of personal
opportunity)                                         income of representatives
                                                     attending Appeal Hearings,
                                                     it would be inappropriate for
                                                     attendees to benefit from
                                                     personal financial gain as a
                                                     result of attending an
                                                     Appeal Hearing, other than
                                                     to address loss of income
                                                     that would have otherwise
                                                     be incurred.

                                                     However, as a result of a                                    This may allow increased
                                                     successful Appeal and                                        / continued arts activity for

                                                                                                                                            10
+           -                How is this category affected    How could you limit the         How can you promote
                   positive   negative     No     and what is the evidence of      negative impact?                positive impact?
                   impact      impact    impact   this?

Prosperity                                        subsequent                                                       participants and
(including                                        receipt/reinstatement of core                                    audiences by the
sustainability ,                                  funding, an organisation                                         organisation within the
financial                                         may become or remain                                             locality and sector it
stability and                                     financially stable and                                           serves. However, should
career
development/                                      sustainable                                                      an organisation not be
opportunity)                                                                                                       successful in its appeal,
                                                                                                                   we will highlight other
                                                                                                                   funding options that may
                                                                                                                   be available to them to
                                                                                                                   apply to (e.g. Lottery
                                                                                                                   Programmes)
Resilience                    Negative            The venue for the Appeal         When arranging Appeal
(natural                       impact             hearing may not be within a      hearings we will strive to
environment                                       reasonable travel distance       ensure the location and
including
greenhouse
                                                  for the representatives of the   timing of the hearing is
gases and                                         organisation appealing.          convenient for all parties
carbon footprint                                                                   with regard to travel and
                                                                                   accessibility considerations.
                                                                                   Skype may be considered
                                                                                   as an alternative.

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Appendix 2

Actions identified through this Assessment
When you create an action you must make sure it can be delivered. You need to discuss the action with the Officer who will lead on
its delivery (if it is not you). Ensure you agree the timescale, as well as how it will be resourced, delivered and monitored. This must be
done before the Impact Assessment and associated proposal is approved.

 Issue                  Action/Task                Lead               Timescale        Resource              Comments
                                                   Responsibility                      Implications
 An organisation        Ensure published           Director Arts      Prior to                               Current draft guidelines
 must appeal using      guidance include:          Funding            March 2020                             address this requirement
 the specific           • provision for                               (Application
 template supplied         anyone to complete                         live date)
                           template on behalf
                           of the organisation,
                           providing it is
                           signed off at senior
                           level within the
                           organisation
                        • Arts Council of
                           Wales will accept
                           the form in
                           alternative formats
                        • clarify that any
                           individual(s) solely
                           providing
                           communication
                           support during the
                           meeting will not be

                                                                                                                                        12
Issue                  Action/Task                 Lead               Timescale      Resource            Comments
                                                   Responsibility                    Implications
                           counted as one of
                           the two
                           representatives
                           allowed at the
                           hearing
The venue for the      When arranging              Director Finance   Prior to 5                         Subject to any appeal
Appeal hearing         Appeal hearings we          and Business       Nov 2020 (or                       being successful at stage 1
may not be within a    will strive to ensure the   Services           deadline for                       – Initial consideration
reasonable travel      location and timing of                         receipt of
distance for the       the hearing is                                 Independent
representatives of     convenient for all                             Reviewer
the organisation       parties with regard to                         decision if
appealing.             travel and accessibility                       amended)
                       considerations. Skype
                       may be considered as
                       an alternative
Applicants / Panel     The Arts Council of         Director Finance   Prior to 5                         Subject to any appeal
Members may feel       Wales will strive to        and Business       Nov 2020 (or                       being successful at stage 1
intimidated should     ensure a mix of men         Services           deadline for                       – Initial consideration
the other party        and women on the                               receipt of
consist of only one    Appeal Panel                                   Independent
gender                                                                Reviewer
                                                                      decision if
                                                                      amended)
The organisations      We will include this in Director Finance       Prior to 5   External translator   Subject to any appeal
would be offered       our published           and Business           Nov 2020 (or                       being successful at stage 1
the opportunity to     guidance and strive to  Services               deadline for                       – Initial consideration
conduct all aspects    ensure the independent                         receipt of
of the appeal in the   reviewers and panel                            Independent

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Issue                  Action/Task                 Lead               Timescale        Resource       Comments
                                                   Responsibility                      Implications
language of their      also include welsh                             Reviewer
choice at no           speakers.                                      decision if
additional costs to                                                   amended)
themselves.
Representatives of     When arranging              Director Finance   Prior to 3 Dec                  Subject to any appeal
the organisation       Appeal hearings we          and Business       (or deadline                    being successful at stage 1
and Appeal             will strive to ensure the   Services           for Panel to                    – Initial consideration
Hearing Panel          location and timing of                         hear appeals
Members may incur      the hearing is                                 if amended)
significant out of     convenient for all
pocket travel          parties with regard to
expenses as a result   travel and accessibility
of attending the       considerations. Skype
hearing                may be considered as
                       an alternative
Panel Members          Individual                  Director Finance   Prior to 3 Dec                  Subject to any appeal
who may be self        circumstances of each       and Business       (or deadline                    being successful at stage 1
employed could         Panel Member will be        Services           for Panel to                    – Initial consideration
lose potential         considered and                                 hear appeals
income                 addressed when the                             if amended)
opportunities as a     final Panel Members
result of assisting    are known. Where
Appeals process as     appropriate, the Arts
Panel Member           Council has policy for
                       making per diem
                       payments when
                       circumstances are
                       considered appropriate
                       to do so.

                                                                                                                                14
Issue                 Action/Task              Lead               Timescale       Resource             Comments
                                               Responsibility                     Implications
The timing and          When arranging         Director Finance    Prior to 3 Dec                      Subject to any appeal
venue for the           Appeal hearings we     and Business        (or deadline                        being successful at stage 1
Appeal hearing          will strive to ensure the
                                               Services            for Panel to                        – Initial consideration
may not be              location and timing of                     hear appeals
convenient for the      the hearing is                             if amended)
representatives of      convenient for all
the organisation        parties with regard to
appealing on            health considerations.
grounds of health       Skype may be
considerations.         considered as an
                        alternative
How will these be monitored?
Via the Arts Portfolio Wales Project Group and through review for progress at monthly SLT meetings as part of Management
Information review

How and where will this be published?
Via our website. The final CIA published post consultation along with the Terms of Reference and associated guidelines and
templates

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