Aims of the policy or strategy
Under section 215 of the Local Government Act 1972 the Council must “maintain (the closed churchyard) by keeping it in decent order and its walls and fences in good repair”. In addition given the safety risks associated with trees (although noting that the Church authorities are still the legal owner of any trees but may wish to work in concert with the Local Authority given the risks), headstones and monuments are generally accepted to be the responsibility of the Local Authority.
A duty of care arises in the Occupiers Liability Act 1957 (those lawfully on the land-visitors) and 1984 Act (trespassers). The Council also has a duty of care to control risks from memorials to its employees, contractors, volunteers and members of the public
Background to the proposal
Following Local Government Re-organisation Dorset Council is currently responsible for 17 closed churchyards the responsibilities for which had been passed to predecessor Councils. This being accepted would reduce risk of injury or death from poor maintenance and repair.
Due to site nature/location of these churchyards access is required 24hours a day for relatives, contractors, employees and volunteers when visiting any of these sites,
Intelligence and Communication
Data, information, evidence and research used and how it has influenced the decision-making process
In conjunction with Colleagues within Asset & Property from Estates and Surveying teams surveys have been undertaken to ascertain the full condition of the said Closed Churchyards to gauge the need for improvement on a priority scale of works that is needed which would impact on people visiting the sites
This data told us that
Within the surveys it has been identified that several areas for concern to include boundary walls, boundary fencing, paths, headstones, tombs and trees need attention within that priority level found.
Also, crucial information obtained on future maintenance requirement
Further information required to inform the proposal
None. Due to Dorset Council gaining the responsibilities on these Closed Churchyards, we believe the information provided indicates the full nature of this proposal.
Engagement or consultation that has taken place as part of this EqIA
The Asset & Property Team have engaged with the local Church Diocese on site where appropriate to ensure all aspects of the sites have been considered.
Discussions have been initiated with several managers and partner organisations who may be needed to complete the Council’s obligations within this engagement
Feedback and communication
Regular communication will be made to all parties with updates on proposals and progress.
Assessment
Impacts of the policy or strategy
| Impacts on who or what | Effect | Details |
|---|---|---|
|
Age |
Neutral & Positive |
The council’s maintenance of these sites will ensure that they are safe to all visitors, however specific improvements such as pathways, shrubbery etc, will have a positive impact on those who may be older and less mobile |
|
Age bracket it affects |
Positive for older people |
n/a |
|
Disability: (including physical, mental, sensory and progressive conditions) |
Positive |
The council’s maintenance of these sites will ensure that they are safe to all visitors, however specific improvements such as pathways, shrubbery etc, will have a positive impact on those who may have physical disabilities or conditions, which means they could be less mobile |
|
Gender Reassignment & Gender Identity Race and Ethnicity Sexual orientation Sex (consider both men and women): Marriage or civil partnership Carers Single parent families Social & economic deprivation: Armed Forces communities |
Neutral |
We do not anticipate an impact on this protected group as the council’s maintenance of these sites will ensure that they are safe to all visitors |
|
Pregnancy and maternity |
Neutral/Positive |
The council’s maintenance of these sites will ensure that they are safe to all visitors, however specific improvements such as pathways shrubbery etc, could have a positive impact on those who may be in later stages of pregnancy or using prams/pushchairs within the churchyards. |
|
Religion or belief |
Positive |
The council’s maintenance of these sites will ensure that they are safe to all visitors, and continue to offer a place for peaceful and quiet reflection |
Key to effects or impacts
Positive - the proposal eliminates discrimination, advances equality of opportunity and/or fosters good relations with protected groups.
Negative - protected characteristic group(s) could be disadvantaged or discriminated against
Neutral - no change/ no assessed significant impact of protected characteristic groups
Negative - protected characteristic group(s) could be disadvantaged or discriminated against
Action plan
| Issue | Action to be taken | Person responsible | Date to be completed by |
|---|---|---|---|
|
Policy Agreement |
Committee to agree policy proposal |
Committee |
27 July 2021 |
People who have agreed the EQIA
Officer completing this EqIA: Bob Lockard Date: 16 June 2021
Equality Lead: Susan Ward-Rice Date: 21 June 2021
Second sign off: Becky Forrester Date: 21 June 2021