Scottish court fees 2022 to 2025: equality impact assessment

Equality impact assessment (EQIA) relating to 6 Scottish Statutory Instruments (SSIs) providing for fees in the Scottish civil courts and the Office of the Public Guardian in the years 2022 to 2025.


Stage 3: Assessing the impacts and identifying opportunities to promote equality

Do you think that the policy impacts on people because of their age?

Age Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation     X In considering the impact of the fees increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by age typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase.
Advancing equality of opportunity     X
Promoting good relations among and between different age groups     X

Do you think that the policy impacts disabled people?

Disability Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation     X In considering the impact of the fees increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by disability typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase.
Advancing equality of opportunity     X
Promoting good relations among and between disabled and able bodied people     X

Do you think that the policy impacts on men and women in different ways?

Gender Positive Negative None Reasons for your decision
Eliminating unlawful discrimination     X In considering the impact of the fees increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by gender typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase. The Scottish Government's notes that the last round of fee increases largely protected fees for divorce from increases. Evidence suggests that divorce fees are more often paid by women and fees can be particularly onerous for women who are leaving abusive relationships.
Advancing equality of opportunity     X
Promoting good relations between men and women     X

Do you think your policy impacts on trans people?

Gender reassignment Positive Negative None Reasons for your decision
Eliminating unlawful discrimination     X In considering the impact of the fees increases on specific groups the Scottish Government considers that affordability would be the main issue. If some groups identified by gender typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase.
Advancing equality of opportunity     X
Promoting good relations     X

Do you think that the policy impacts on people because if they are lesbian, gay or bisexual?

Sexual orientation Positive Negative None Reasons for your decision
Eliminating unlawful discrimination     X In considering the impact of the fees increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by sexual orientation typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase.
Advancing equality of opportunity     X
Promoting good relations     X

Do you think the policy impacts on people on the grounds of their race?

Race Positive Negative None Reasons for your decision
Eliminating unlawful discrimination     X In considering the impact of the fees increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by race typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase.
Advancing equality of opportunity     X
Promoting good race relations     X

Do you think the policy impacts on people because of their religion or belief?

Religion and Belief Positive Negative None Reasons for your decision
Eliminating unlawful discrimination     X In considering the impact of the fees increases on specific groups, the Scottish Government considers that affordability would be the main issue. If some groups identified by religion or belief typically earn less than average, the Scottish Government considers that assistance from legal aid and the available exemptions ensure that these groups would be protected from the proposed fee increase.
Advancing equality of opportunity     X
Promoting good relations     X

Contact

Email: michael.green@gov.scot

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