Page 4 | I need help taking a complaint further.

AnSolas · 10/08/2025 16:01

@sashh

Posting and running until later to night
(Will come back for another look on the P&M gap too)

Sorry long rewrite 🙈

Objective Ask a number of specifc pointed questions and get them to answer the Q in a wrong way to show a Duty breach or allow them realise there is a Duty breach and allow a possible graceful reverse ferret.

The employee is writing on behalf of or "as the" LA so dont use "you said" etc its the letter stated ... LAs position is XYZ

Edit out any can you i have written amend to please confirm that LA....

I am using LA you can add in a line for "The City of Wolverhampton Council hereafter referred to as LA or COWC or Council" etc

Same re gender Identity G ID but for that i would be pedantic and gender Identity in full

Question
What other protected characteristics data did they try to collect for the consultation?

Equality Act Section 149 Public sector equality duty
(7)The relevant protected characteristics are—
• age; ??
• disability; ??
• gender reassignment; Opt: attemp G ID
• pregnancy and maternity; Opt: Excluded
• race; ??
• religion or belief; ??
• sex; ??
• sexual orientation ??

Noted : refuses to collect pregnancy and maternity

Were there any others missing?

Note what PC of M&CP is excluded.
marriage and civil partnership

Ref: Downgrade of G ID

^ https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/sexuality/methodologies/sexualorientationandgenderidentityqualityinformationforcensus2021^

Collection and procesding data

From other thread permission:

Equality Data Monitoring
bla bla bla
Why do we want to know these things about you?
It is very important for X Council to collect information about respondents to understand whether the feedback we get from these surveys is representative of our resident population.
The disclosure of this data is treated in the strictest confidence.

Specific permission granted
And limited to a specific task
Look at feedback
representative at a % of pop level

The way they find the %

^ https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/genderidentity/bulletins/genderidentityenglandandwales/census2021^

On Census Day, 21 March 2021, the size of the usual resident population in England and Wales was 59,597,300 (56,489,800 in England and 3,107,500 in Wales); this was the largest population ever recorded through a census in England and Wales.

Basic fuck ups in data supplied by big data and rounding:

BUT....NB Please check maths 😬

The LA need 2 data sets

Total pop v PC of GR
100% v 0.5% from census

And

Total replies v PC of GR
100% v box tick

Your data is in the 100%
You are over 16 so in the 6%

> 59.5973 total pop UK

• Overall, 45.7 million (94.0% of the population aged 16 years and over) answered the question.
• In total, 45.4 million (93.5%) answered “Yes” and 262,000 (0.5%) answered “No”.
• The remaining 2.9 million (6.0%) did not answer the question.

59.597 total pop
10.997 million Excluded under 16°
48.600 million (% popul 16 yr+ )

° est./ tbc

Total population who meet criteria
48.600 million (% popul 16 yr+ )
2.900 million (6.0% ) no reply
45.700 million (94.0% ) replyed

48.6 million new 100%

So
45.400 (93.5%) yes
0.262 ( 0.5%) no
45.662 (94.0%) replied (45.7m )
2.9 ( 6.0%) blank answer
48.6 (100.0%)

Data
“Is the gender you identify with the same as your sex registered at birth?”,
and had the option of selecting either “Yes”, or selecting “No” and writing in their gender identity.

Real data
□ Yes : 93.5%
□ No: 0.5%
□ prefer no to say :6.0%

So if you ignore the blanks

45.7 million new 100%

45.400 (93.5%) yes
0.262 ( 0.5%) no
45.662 (94.0%) replied
2.900 ( 6.0%) blank answer
48.562. (100.0%)

They have skewed the %

45.400 (99.005%) yes
0.262 ( 0.005%) no
45.662 (100%)

If the LA ignore the dont say/blank they move the number
So they have to be processing your data at the population level

Or doing way more complex maths than needed🦧

Rounding
TM = TW exactly

262,000 people (0.5%) "No"
• 118,000 (0.24%) no write-in response
• 48,000 (0.10%) trans man
• 48,000 (0.10%) trans woman
• 30,000. (0.06%) non-binary
• 18,000 (0.04%) other gender identity.

Did they ask for the age of the submitter as that ia needed to follow the Census maths method
On the off chance a teacher etc organised a number of under 16 to do submissions.

Assumption theses were the questions.
13. What is your sex? (a question about gender identity will follow)
Male
Female
Prefer not to say
NO DATA ENTERED
14. Is the gender you identify with the same as your sex registered at birth?
Yes
No
Prefer not to say
NO DATA ENTERED
15. What best describes your gender?
Female
Male
Non-binary
I use another term
Prefer not to say
NO DATA ENTERED

and finally the letter 👀

Dear X

Thank you for your the letter of dd/mm/yy re....City of Wolverhampton Councils Consultation survey (Name dated etc ) > 2025 Housing Planning and allocating council properties < etc.

[Add in the original LA action and reason so a casual reader has an overview of what prompted the complaint and it pops for FOIs ]

I am sorry to tell you
I am not satisfied with the answers provided by City of Wolverhampton Council (^ "the LA or COWC or Council")

[ whatever "short name you pick]^

The letter stated
"On your concern about ensuring accuracy without a I don’t have a gender identity option, our equality monitoring questions are not usually mandatory on Citizen Space, so questions don’t need to be answered where someone feels the question is not relevant to their identity. Additionally, each will have a prefer not to say option to allow people to opt out of questions they don’t feel comfortable answering.
Therefore, we do not uphold the element of your complaint that we are discriminating against you or not processing your data correctly by including questions on gender in our consultations as there are opportunities to abstain from questions you do not want to answer."

I do not agree with the decision not uphold the element of my complaint where I stated that LA is discriminating against me.

[Equality act element]

I do not agree with the decision not uphold the element of my complaint where I stated that LA is processing my data but is not correctly by including questions on gender in the consultations.

[Note there are two diferent Data ptotection element
1) collecting and processing to so the stats calc above
2a) not allowing an option of "no G ID" is holding incorrect data
2b) AND not giving you the option to correct it.]

You The letter stated
"Public Sector Equality Duty, The City of Wolverhampton Council has a responsibility to ensure that we do not unfairly discriminate in the services we currently provide, or plan to provide."

However the g Guidance states:
The duty is a statutory duty on listed public authorities and other bodies carrying out public functions. It ensures that those organisations consider how their functions will affect people with different protected characteristics. These functions include their policies, programmes, and services. The duty supports good decision-making by helping decision-makers understand how their activities affect different people.

The protected characteristics are:
age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief

Please confirm if the LA consides how its functions will affect people with different Protected Characteristics in accordance with the Equality Act 2010.

If the LA consides how its functions will affect people with different Protected Characteristics please provide a list of the Protected Characteristics it considers.

[ they have said they do but you You want them to supply this answer which should be a list wthout "gender" .]

Gender reassignment is not a protected characteristic.

If the LA consides how its functions will affect other people or groups with different/other characteristics which are not Protected Characteristics please provide a list of the people and the groups with different/other characteristics it considers.

[This is where the LA need to explain if they have a "gender" group and other groups or not. And/or offer to explain how gender fits into PC of GR.]

So your assertion:
The letter states
"We ask questions about gender so we can identify responses from this equality group to see if they are engaging with our consultations and check if this protected characteristic have identified any adverse impact in their response. This is why asking questions around gender is relevant."

Is untrue. Sex is relevant as is gender reassignment, gender is not.

[ The text is poor english should be "if this PC group " but now is where the LA need to link PC and their "equality" group.]

The letter used the terms "gender" and "equality group" please confirm if this classification refers to a group with different/other characteristics which are not Protected Characteristics.

Please confirm if the term "this protected characteristic" referrs to the "equality group" or to one of the protected characteristic which you monitor.

If the term "this protected characteristic" referrs to one of the protected characteristic which you monitor please confirm which Protected Characteristic it is.

[You are asking them to name a PC and reminding them they are not monitoring all PC]

You are discriminating against everyone who's protected characteristics are not counted in the data.

You are The LA is discriminating against everyone who's people with Protected Characteristics are not counted in the data if it is conflating the people in Protected Characteristics and demographics with different/other characteristics which are not Protected Characteristics. Such conflating of groups will discriminate as the appropiate data will either not collected and /or processed correctly and/ or the information obtained from the data result will be diluted and misleading.

[ long way of saying basically same thing? But ties into Q above and that G DI is not PC tbc]

In short the council is failing in its not meeting its dDuty under the Equality Act 2010.

[Not meeting = Opinion but Objective and actionable if proven true
PLUS moved up as they should be collecting PC of GR so a Duty and not collecting Political Opinions so that is a Data Breach]

You are also collecting data on a political point of view ie 'gender identity' as described by Mr Justice Linden who went on to call it “highly controversial”.

Belief in a Gender Identity is recognised as a Political Opinion as and described by Mr Justice Linden
[ where when why ]
who went on to call it “highly controversial”.

[ political opinion is the words uses in Data Protection ]

Political opinions are classed as special category data and would not not fall within the Public Sector Equality Duty equality monitoring process does the LA have any lawful reason to collect political opinions while conducting a consultation via a survey for Housing .. [ copy and paste name.. .]

In short the council is failing in its not meeting its duty under the Equality Act 2010.

[Moved up ]

And quite frankly I am appalled that you are not gathering data about pregnancy and maternity. Surely that data is relevant to both planning and allocating council properties?

[Tbc ...
appaled at not being aware of G ID being political view and lack of care around data collection ]

[ specific issue
PLUS did the LA ask 2 Q re G ID? 1st do u have one and 2nd to specify which G ID? < if Q1 was ok Q is excess data collection and needs a paragraph of its own

[ BUT imo Move PC of P&M point down to own space]

I was surprised when you then went on to assert that the council:
The letter states
" Furthermore, our equality monitoring questions were developed to align with the questions asked as part of the Census 2021, which enables us to check if the responses we receive are representative of the diverse makeup of the City of Wolverhampton. As part of the Census 2021 individual questionnaire, question 27 was focussed on gender and therefore, this is another reason we ask a similar question as part of our monitoring."

Please confirm if the LA only uses Census 2021 data when carrying out this Public Sector Equality Duty by developing equality monitoring questions to meet the responsibility of not discriminating in the services it currently provides, or plan to provided.

If the LA uses data other than the Census 2021 data when carrying out this Public Sector Equality Duty by developing equality monitoring questions to meet the responsibility of not discriminating in the services it currently provides, or plan to provided can you please supply a list of the data sources.

Please confirm if the LA only uses Census 2021 data when carrying out this Public Sector Equality Duty to analyise the data obtained from the equality monitoring questions to meet the responsibility of not discriminating in the services it currently provides, or plan to provided.

If the LA uses data other than the Census 2021 data when carrying out this Public Sector Equality Duty to analyse any data obtaines from equality monitoring questions to meet the responsibility of not discriminating in the services it currently provides, or plan to provided can you please supply a list of the data sources.

[confirm data collection : creates question and processing: look at anawers & do maths; to see if they can later justify no PC of P&M ]

Census 2021 individual questionnaire question 27 was
" Is the gender you identify with the same as your sex registered at birth? "
and had the option of selecting either “Yes”, or selecting “No” and writing in a gender identity.

[added because it a G ID /birth sex Q with a fill box option a second Q by LA is excess collection
AND
The qualifier
Gender identity refers to a person’s sense of their own gender, whether male, female or another category such as non-binary. This may or may not be the same as their sex registered at birth.
Says its not a good metric to use foe PC Of GR as it missed (may have) the in the process people ]

The 2001 2021 census has been highly criticised. Several commentators have written about this the Census 2021 individual questionnaire question 27.

[Highly is not needed yet and "emotive"]

but I will draw on Biggs (2024) who points out data anomalies which arise from Census 2021 individual questionnaire question 27.
, a According to the data collected by the 2021 census, the highest number of people who identified themselves as having a gender ID different to their sex was Newham in London, Brighton came in 20th however other data (from gender clinics and a petition to to allow transgender individuals to self ID) it is clear Brighton should not be so low.

[Is this a direct quote or rewording? If so give a source article/paper name]^

This and other critisism indicate that this data collected by the Census may not be totally reliable nor representative of the diverse groups which in the City of Wolverhampton.

Please confirm if the LA was aware of any criticism around the reliability of the question 27 data.

Please confirm if the LA was aware that the data was official removed from the accredited official statistics and reclassified as official statistics in development by the OSR on 12 September 2024.

Please confirm that if the LA was aware of OSR reclassifying the statistics had the LA sought to use other data for validate the data processing method.

Please confirm that now the LA is aware of OSR reclassifying the statistics if the LA will seek to use other data for validate the data processing method.

[ anyone up to date on data act terms ? Who can jump in and can word that better? ]

Also that
Please confirm if the LA is aware that the OSR states the data collected is Gender Identity data which is gender is still not a protected characteristic.

Your letter continues with:
The letter states:
"our equality monitoring questions are not usually mandatory on Citizen Space, so questions don’t need to be answered where someone feels the question is not relevant to their identity. Additionally, each will have a prefer not to say option to allow people to opt out of questions they don’t feel comfortable answering."

You are asking a question about a political ideology, 'prefer not to say' is not an option. Would you ask a question about race marriage and civil partnership that took the form
What is your race?
A) Black
B) Prefer not to say
Of course you wouldn't.

[....race is not a good go to as the question was a yes or no or perfer not to say but race has to be multichoice. ]

Census 2021 individual questionnaire question 27 was about Gender Identity which is also recognised as a political opinion.

[ political opinion is the words uses in Data Protection ]

The question which was asked was
" Is the gender you identify with the same as your sex registered at birth? "
and had the option of selecting either “Yes”, or selecting “No” and writing in a gender identity.

However the methodology used by the OSN is clearly explained and although anawering the question was volountary the method applied included all of the polulation.

What described above appears to be a departure from the OSN method.

Please confirm of the LA is using the OSN method as outlined for Census 2021 individual questionnaire question 27 for the data which was collected for the LA question 15(?) about Gender Identity.

If the LA is not using the OSN method as outlined for Census 2021 individual questionnaire question 27 for the data which was collected for the LA question 15(?) about Gender Identity please supply the methology.

[Tbc...
So high level Q
how is the data processes for every submission as your data is not isolated hummm...
See above re calcs
Data collection design
mandatory
Duty to collect is different obligation to answer
someone feels the question is not relevant to their identity
Because answer is no G ID
not mandatory
Blank data field (null) is still a data point.
fail???? ]

I find the last paragraph of your letter astounding.

You have already said the council has a duty under the equality act, but then you say.

The letter states as part of the Public Sector Equality Duty, The City of Wolverhampton Council has a responsibility to ensure that it does not unfairly discriminate in the services it currently provides, or plan to provide. Therefore, by asking equality monitoring questions as part of its consultations, it can break down the responses it receives and assess whether any protected characteristics will be unfairly treated because of the proposal being consulted on and plan suitable adjustments accordingly and then goes on to state the Council decided not to ask questions about pregnancy or maternity.

Which is it? The Duty under the Equality Act, or not?

And quite frankly I am appalled that you are not gathering data about pregnancy and maternity. Surely that data is relevant to both planning and allocating council properties?

The letter stated
"On your question on why the Council does not ask questions about pregnancy or maternity, the council aligns our equality monitoring questions with the Census 2021, where the only question relating to maternity was an employment-based question which wouldn’t be relevant for the Council to ask as we do not gather data on employment as part of our equality monitoring questions on consultations."

I look forward to receiving a coherent reply that actually addresses the points raised.
Biggs, M. (2024). Flawed census question leads to inaccurate data on gender identity. Sociology .

Gender identity, England and Wales - Office for National Statistics

The gender identity of usual residents aged 16 years and over in England and Wales, Census 2021 data.

https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/genderidentity/bulletins/genderidentityenglandandwales/census2021

Original poster

sashh · 10/08/2025 16:36

@AnSolas thank you, I will look in more detail tomorrow.

OP posts:

Original poster

sashh · 11/08/2025 05:32

@AnSolas

Thank you again, I have gone through the letter and made the changes you suggested, also thank you to everyone else.

Just one thing, I don't actually understand this bit.

[Add in the original LA action and reason so a casual reader has an overview of what prompted the complaint and it pops for FOIs ]

And the 'political view' is from the Linzi Smith vs Chief Constable of Northumbria Police, this is the one that decided taking part in pride breached impartiality.

It's worth a read.

https://www.bailii.org/ew/cases/EWHC/Admin/2025/1805.html

Kathleen stock was involved, I don't know if it was in person or a witness statement but she gave us this:

…the tenets of gender ideology as being that each person has a gender identity which may or may not match the biological sex which is assigned to them at birth. These are trans or transgender people. People who espouse gender ideology believe that it is a person’s gender identity, rather than their biological sex, which makes them a man or a woman, or gender non-binary. They believe that gender identity, rather than biological sex, is what should be recognised and protected in law and social policy.

Smith, R (On the Application Of) v The Chief Constable of Northumbria Police [2025] EWHC 1805 (Admin) (16 July 2025)

https://www.bailii.org/ew/cases/EWHC/Admin/2025/1805.html

OP posts:

AnSolas · 11/08/2025 20:58

sashh · 11/08/2025 05:32

@AnSolas

Thank you again, I have gone through the letter and made the changes you suggested, also thank you to everyone else.

Just one thing, I don't actually understand this bit.

[Add in the original LA action and reason so a casual reader has an overview of what prompted the complaint and it pops for FOIs ]

And the 'political view' is from the Linzi Smith vs Chief Constable of Northumbria Police, this is the one that decided taking part in pride breached impartiality.

It's worth a read.

https://www.bailii.org/ew/cases/EWHC/Admin/2025/1805.html

Kathleen stock was involved, I don't know if it was in person or a witness statement but she gave us this:

…the tenets of gender ideology as being that each person has a gender identity which may or may not match the biological sex which is assigned to them at birth. These are trans or transgender people. People who espouse gender ideology believe that it is a person’s gender identity, rather than their biological sex, which makes them a man or a woman, or gender non-binary. They believe that gender identity, rather than biological sex, is what should be recognised and protected in law and social policy.

I plopped in a suggested text for your question.

And re any court case care is needed to quote the Judge directly (first party "he said and I can see he agreed X is factual) and not use witness evidence that he is quoting to explain why he agrees with X

AnSolas · 11/08/2025 21:08

Incomming🤣

Surveys and why the dog was not given homework so I could not copy it is not a professional look🤪

Health warning will have missed bits but hope you get the drift of it.

149 Public sector equality duty
(1)A public authority must, in the exercise of its functions, have due regard to the need to—
(a)eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act;
(b)advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
(c)foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

(7)The relevant protected characteristics are—
• age;
• disability;
• gender reassignment;
• pregnancy and maternity;
• race;
• religion or belief;
• sex;
• sexual orientation.

(3)Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to—
(a)remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic;
(b)take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it;
(c)encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

Political Opinion : Gender Critical Beliefs

You are looking to have your data correctly recorded and your rights protected.

So have an option to express them and have them recorded and have the LA apply the same metric they would apply to a Christian/Buddhist/Hindu/etc to that question on GI as its the PC of R&B because it is a Belief.

They are saying its PC of GR your rebuttle is they failed to meet the target of being the PC and so is a non protected PC or at best its the PC of R&B

Either way they are using your blank answer to estabilsh the total population of submissions so processing by default or moving away from the Census method.
( PC of a (specific) Belief ÷ Tot pop % = 0.5% do NOT have Gender Critical Beliefs )

Northumbria Police v Lindsey Smith
Should be used to argue GCB as its your data and you dont have to care about what other people filled in.

https://www.mumsnet.com/talk/womens_rights/4910748-court-casesjudicial-reviewsetetas?page=8&reply=145730494

Importantly, given the issues in the Claim, gender critical beliefs are recognised as protected "philosophical" beliefs for the purposes of the prohibition of discrimination on the grounds of religion or belief under the Equality Act 2010.
They are also protected by Article 9 (the right to freedom of thought, conscience and religion) and Article 10 (freedom of expression) of the European Convention on Human Rights ("ECHR"), albeit these are qualified rights: see Forstater v GDC Europe UKEAT/105/20, [2022] ICR 1. In Forstater the Employment Appeal Tribunal expressed no view as to the merits of the transgender debate but it held that, while gender critical beliefs may cause offence to some trans people, they are widely held, including amongst respected academics and some trans people, and they are consistent with the law.

Prefer not to say and LAs Duty

The letter stated:
"our equality monitoring questions are not usually mandatory on Citizen Space, so questions don’t need to be answered where someone feels the question is not relevant to their identity. Additionally, each will have a prefer not to say option to allow people to opt out of questions they don’t feel comfortable answering."

The LA are doing 2 things
A) Consultation over housing need to see if it is discriminatory or if people spot a weakness (the free form box) etc. so meeting PSED 3(a) and 3(b)

B) Checking that people are replying to the survey so meeting PSED to 3(c)

You are objecting to action B under 3(c) that they will discriminate under 3(a) and 3(b) as well as 1(a) etc.

The data subject

The citizen / person has no obligation to provide data to the LA to allow it to carry out its PSED this would be Data Protection Act protection for the supplier of the data.

The demand is excessive if the only way the person is allowed to participate in activity A is supply the data under activity B

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/data-minimisation/

Article 5(1)(c) says:

Personal data shall be: (c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (data minimisation)

And fails
3(c)encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

However if you do decide to supply the data the LA have obligations

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/accuracy/

Article 5(1)(d) of the UK GDPR says:

Personal data shall be: (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay 7 Subject (DS)

The demand request is no excessive as they have a PSED reason for collection.
However also have a PSED to allow the DS participate in activity A so need to allow an opt out on supplying the data under activity B

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/data-minimisation/

Article 5(1)(c) says:

Personal data shall be: (c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (data minimisation)

Article ()(_) says:
Public bodies can process personal data in the public interest.

But with no opt oit LA
3(c)encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

However if you do decide to supply the data the LA have obligations

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/accuracy/

Article 5(1)(d) of the UK GDPR says:

Personal data shall be: (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)

Non-binary court case not a PC

https://www.mumsnet.com/talk/womens_rights/4910748-court-casesjudicial-reviewsetetas?page=7&reply=142442351

Ryan Castellucci v Gender Recognition Panel and Minster for Women and Equalities

Question
What other protected characteristics data did they try to collect for the consultation?

Q12 > age
Q19 > disability;
NoQ > gender reassignment;
NoQ > pregnancy and maternity;
Q17 > race;
Q18 > religion or belief;
Q13 > sex;
Q20 > sexual orientation 》invalid

Note what PC of marriage and civil partnership is excluded from the Duty

The letter stated
"On your question on why the Council does not ask questions about pregnancy or maternity, the council aligns our equality monitoring questions with the Census 2021, where the only question relating to maternity was an employment-based question which wouldn’t be relevant for the Council to ask as we do not gather data on employment as part of our equality monitoring questions on consultations."

Noted : refuses to collect pregnancy and maternity data
Council does not ask questions about pregnancy or maternity, ..... we do not gather [any] data as part of our equality monitoring questions on consultations."

Therefore do not have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act.

Therefore do not have due regard to the need to advance equality of opportunity for women in this PC.

Therefore do not have due regard to the need to foster good relations for these women

Eg pregnancy and maternity
Are you currently pregnant or were you pregnant within the last 26 weeks.
□ Yes
□ No
Eg gender reassignment
Are you proposing to undergo, are undergoing or have undergone a process of gender reassignment
□ Yes
□ No

QUESTIONS
What should be asked when creating a framework to design a survey (Who what when where how etc) to design to achive an objective.

There should be someone😬 in the LA whos job is is to review framework or who creates a template.

What is the objective
PSED collect information about respondents to understand whether the feedback we get from these surveys is representative of our resident population.
》 PC ÷ respondents %

• What do we need
• What do we not need
Is in the Equality Act

Is it personal data
Is it special class data
• We follow the Data Protection Act

The PC is ringfenced by the individual specific text EA2010.
And per the TWANW SC case.

And then they go on to apply the answers to Q 1 - Q 10 which the LA can do under Data Protection Act exceptions.

Humm..... have the LA documented that

Their page:

Equality Data Monitoring
City of Wolverhampton Council as a public sector organisation has a responsibility to ensure that we do not unfairly discriminate in the services we provide and are accessible to everyone. In order to do this, the Council collects equality monitoring data.
Why do we want to know these things about you?
It is very important for City of Wolverhampton Council to collect information about respondents to understand whether the feedback we get from these surveys is representative of our resident population.
The disclosure of this data is treated in the strictest confidence.

11. What is your postcode?
▪︎ Postcode freeform box

Q Is it a Equality Act Section 149 Public sector equality duty PC question ?
No
> __
》 LA has no lawful reason to collect and process data under the Data Protection Act using Equality Act 2010 (149.3c via equality monitoring ) and
》 must prove it has another lawful reason to collect it
■ data analysis : will create Total pop and % of multiple class of post code including "data not provided"
》 can not be used for 1(a) 3(a) 3(b)

[ This single data point narrows the population from 263,700 (census 2021) to 30-40(?) people and that is before any other question.
That bring up a very serious question of how secure is the data and how tight are the controls
Census data leaks have jail time attached]

12. What is your age?
▪︎ Under 16
▪︎16 - 24
▪︎25 - 34
▪︎35 - 44
▪︎45 - 54
▪︎55 - 64
▪︎Over 65
▪︎Prefer not to say

Q Is it a Equality Act Section 149 Public sector equality duty PC question ?
YES
> age
5 Age
(1)In relation to the protected characteristic of age—
(a)a reference to a person who has a particular protected characteristic is a reference to a person of a particular age group;
(b)a reference to persons who share a protected characteristic is a reference to persons of the same age group.
(2)A reference to an age group is a reference to a group of persons defined by reference to age, whether by reference to a particular age or to a range of ages.

》 LA has lawful reason to collect and process data under the Data Protection Act using Equality Act 2010 (149.3c via equality monitoring ) and
》 per EA2010 5 2 group individual replies for ages into sequential classes.
■ data analysis : will create Total pop and % of 9 class ages including "data not provided"
》 can be used for 1(a) 3(a) 3(b)

13. What is your sex? (a question about gender identity will follow)
▪︎Male
▪︎Female
▪︎Prefer not to say

Q Is it a Equality Act Section 149 Public sector equality duty PC question ?
YES (correct terms are man/woman)
> sex
11 Sex
In relation to the protected characteristic of sex—
(a)a reference to a person who has a particular protected characteristic is a reference to a man or to a woman;
(b)a reference to persons who share a protected characteristic is a reference to persons of the same sex.

》 LA may have lawful reason to collect and process data under the Data Protection Act using Equality Act 2010 (149.3c via equality monitoring ) and
》 per EA2010 11 1(b) can argue male/female are sex and post SC case can justify the word swap
》 LA has no lawful reason to collect and process gender identity
data and should adjust the text to (a question about gender reassignment will follow)
■ data analysis : will create Total pop and % of 4 class including "data not provided"
》 can (likely) be used for 1(a) 3(a) 3(b)

14. Is the gender you identify with the same as your sex registered at birth?
▪︎ Yes
▪︎ No
▪︎ Prefer not to say

Q Is it a Equality Act Section 149 Public sector equality duty PC question ?
No (PC is gender reassignment)
Yes (belief PO/Gender Critical Belief)
> Religion or belief
10 Religion or belief
(1)Religion means any religion and a reference to religion includes a reference to a lack of religion.
(2)Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.
(3)In relation to the protected characteristic of religion or belief—
(a)a reference to a person who has a particular protected characteristic is a reference to a person of a particular religion or belief;
(b)a reference to persons who share a protected characteristic is a reference to persons who are of the same religion or belief.

》 LA has no or very limited lawful reason to collect and process Political Opinion data under the Data Protection Act using Equality Act 2010 (149.3c via equality monitoring ) because its basically running an opinion poll to help the elected members on what policy vote will get them re-elected
and
》 per Foster Gender Critical Beliefs fall within 2010 10 2 you are saying you are entitled to have this data set amended to reflect that you do have a Gender Critical Belief Political Opinion and do not have a Gender Identity.
■ data analysis : will create Total pop and % of 4 class including "data not provided"
》 can not be used for 1(a) 3(a) 3(b)

15. What best describes your gender?
▪︎ Female
▪︎ Male
▪︎ Non-binary
▪︎ I use another term
▪︎ Prefer not to say

Q Is it a Equality Act Section 149 Public sector equality duty PC question ?
No (PC is gender reassignment)
No (Gender Ideology is not a Belief)
>

》 LA has no lawful reason to collect and process data under the Data Protection Act using Equality Act 2010 (149.3c via equality monitoring ) and
》 Critical Beliefs fall within 2010 11(2) but the ruling did not rule on specific Gender Identity ideology.
》 and Non-Binary was ruled out as a class so not a PC
》 must prove it has another lawful reason to collect any of it
■ data analysis : will create Total pop and % of 6 class including "data not provided"
》 can not be used for 1(a) 3(a) 3(b)

IOM lazy breach of monkey see monkey to break down what will be a teeny tiny number of submissions from a total population in a PC of GR of 1300? people in the LA 🦧

16. What is your legal marital or registered civil partnership status?
▪︎ Never married and never registered a civil partnership
▪︎ Married
▪︎ In a registered civil partnership
▪︎ Separated, but still legally married
▪︎ Separated, but still legally in a civil registered partnership
▪︎ Divorced
▪︎ Formally in a civil partnership which is now legally dissolved
▪︎Widowed
▪︎Surviving partner from a registered civil partnership
▪︎Prefer not to say

Q Is it a Equality Act Section 149 Public sector equality duty PC question ?
No
> Marriage and civil partnership is excluded from the PC in 149 (7)

》 LA has no lawful reason to collect and process data under the Data Protection Act using Equality Act 2010 (149.3c via equality monitoring ) and
》 must prove it has another lawful reason to collect it
■ data analysis : will create Total pop and % of 11 class including "data not provided"
》 can not be used for 1(a) 3(a) 3(b)

17. What is your ethnic origin?
▪︎English, Welsh, Scottish, Northern Irish or British
▪︎Irish
▪︎ Gypsy or Irish Traveller
▪︎ Roma
▪︎ Any other white background (please specify)
▪︎ White and Black Caribbean
▪︎ White and Black African
▪︎ White and Asian
▪︎ Any other Mixed or Multiple background (please specify)
▪︎ Indian
▪︎ Pakistani
▪︎ Bangladeshi
▪︎ Chinese
▪︎ Any other Asian background (please specify)
▪︎ Caribbean
▪︎ African background (please specify)
▪︎ Any other Black, Black British or Caribbean background (please specify)
▪︎ Arab
▪︎Any other ethnic group (please specify)
▪︎Prefer not to say
▪︎Other freeform box

Q Is it a Equality Act Section 149 Public sector equality duty PC question ?
YES
> Race
9 Race
(1)Race includes—
(a)colour;
(b)nationality;
(c)ethnic or national origins.
(2)In relation to the protected characteristic of race—
(a)a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group;
(b)a reference to persons who share a protected characteristic is a reference to persons of the same racial group.
(3)A racial group is a group of persons defined by reference to race; and a reference to a person's racial group is a reference to a racial group into which the person falls.
(4)The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group.
(5)A Minister of the Crown F1...—
(a)[F2must by order] amend this section so as to provide for caste to be an aspect of race;
(b)[F3may by order] amend this Act so as to provide for an exception to a provision of this Act to apply, or not to apply, to caste or to apply, or not to apply, to caste in specified circumstances.
(6)The power under section 207(4)(b), in its application to subsection (5), includes power to amend this Act.

》 LA has lawful reason to collect and process data under the Data Protection Act using Equality Act 2010 (149.3c via equality monitoring ) and
》 per EA2010 9 2(c) group individual replies for racal groups.
■ data analysis : will create Total pop and % of multiple class racial group including "data not provided"
》 can be used for 1(a) 3(a) 3(b)

18. What is your religion?
▪︎ No Religion
▪︎Christian (including Church of England, Catholic, Protestant and all other Christian denominations)
▪︎Buddhist
▪︎Hindu
▪︎Jewish
▪︎Muslim
▪︎Sikh
▪︎ Any Other Religion
▪︎Prefer not to say

Q Is it a Equality Act Section 149 Public sector equality duty PC question ?
YES
> Religion or belief

10 Religion or belief
(1)Religion means any religion and a reference to religion includes a reference to a lack of religion.
(2)Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief.
(3)In relation to the protected characteristic of religion or belief—
(a)a reference to a person who has a particular protected characteristic is a reference to a person of a particular religion or belief;
(b)a reference to persons who share a protected characteristic is a reference to persons who are of the same religion or belief.

》 LA has lawful reason to collect and process data under the Data Protection Act using Equality Act 2010 (149.3c via equality monitoring )
》 per EA2010 10 4(a) group individual replies for particular religion.
■ data analysis : will create Total pop and % of multiple class particular religion including "data not provided"
》 can be used for 1(a) 3(a) 3(b)

19. Do you have any, disabilities, physical or mental health conditions or illnesses lasting or expected to last 12 months or more?
▪︎Yes
▪︎No
▪︎Prefer not to say

Q Is it a Equality Act Section 149 Public sector equality duty PC question ?
Yes ( possible data gap)
> disability
6 Disability
(1)A person (P) has a disability if—
(a)P has a physical or mental impairment, and
(b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.
(2)A reference to a disabled person is a reference to a person who has a disability.
(3)In relation to the protected characteristic of disability—
(a)a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability;
(b)a reference to persons who share a protected characteristic is a reference to persons who have the same disability.
(4)This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section)—
(a)a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and
(b)a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability.
(5)A Minister of the Crown may issue guidance about matters to be taken into account in deciding any question for the purposes of subsection (1).
(6)Schedule 1 (disability: supplementary provision) has effect.

》 LA has lawful reason to collect and process data under the Data Protection Act using Equality Act 2010 (149.3c via equality monitoring ) and
》 per EA2010 6 1(a) said "physical or mental impairment they have reworded the duty
physical impairment =
physical condition lasting12 mths+
illnesses lasting 12 mths+
mental impairment =
mental health condition lasting 12 mths+
But it is possible to have a mental impairment which is not a MH condition (Intellectual developmental delay etc)
( long-term : where is 12moths+ from?)
》 per EA2010 6 3(a) grouping individual replies for particular disability is allowed the LA CHOOSES not to do so for HOUSING needs data
■ data analysis : will create Total pop and % of 4 class ages including "data not provided"
》 can be used for 1(a) 3(a) 3(b)

20. What best describes your sexual orientation?
▪︎ Straight
▪︎ Gay/Lesbian
▪︎ Bisexual
▪︎ I use another term
▪︎ Prefer not to say

Q Is it a Equality Act Section 149 Public sector equality duty PC question ?
No (PC is only has 3 classification)
>

12 Sexual orientation
(1)Sexual orientation means a person's sexual orientation towards—
(a)persons of the same sex,
(b)persons of the opposite sex, or
(c)persons of either sex.
(2)In relation to the protected characteristic of sexual orientation—
(a)a reference to a person who has a particular protected characteristic is a reference to a person who is of a particular sexual orientation;
(b)a reference to persons who share a protected characteristic is a reference to persons who are of the same sexual orientation.

》 LA may have lawful reason to collect and process data some of the data under the Data Protection Act using Equality Act 2010 (149.3c via equality monitoring ) and
》 per EA2010 12 1(a/b/c) can argue: Straight is 1(b), Gay/Lesbian is 1(a), Bisexual is 1(c)
》 they can not use this for "I use another term" so must prove it has another lawful reason to collect it
■ data analysis : will create Total pop and % of 6 class of Sexual orientation including "data not provided" and
■ By creating % of 6 class of Sexual orientation including "data not provided" rather than 5 classes have skewed the data with "I use another term"
》 can not be used for 1(a) 3(a) 3(b)

21. Do you have an armed forces connection in the past or present day?
▪︎ Currently a full-time member of the Armed Forces
▪︎ Currently a Reservist
▪︎Previous Service in Armed Forces
▪︎ A Military spouse/partner
▪︎ No
▪︎Prefer not to say

Q Is it a Equality Act Section 149 Public sector equality duty PC question ?
No
> __
》 LA has no lawful reason to collect and process data under the Data Protection Act using Equality Act 2010 (149.3c via equality monitoring ) and
》 must prove it has another lawful reason to collect it
■ data analysis : will create Total pop and % of 7 class of Armed Forces including "data not provided"
》 can not be used for 1(a) 3(a) 3(b)

22. Are you a current Social Housing Tenant?
▪︎Yes
▪︎No

Q Is it a Equality Act Section 149 Public sector equality duty PC question ?
No
> __
》 LA has no lawful reason to collect and process data under the Data Protection Act using Equality Act 2010 (149.3c via equality monitoring ) and
》 must prove it has another lawful reason to collect it
■ data analysis : will create Total pop and % of 3 class of householder including "data not provided"
》 can not be used for 1(a) 3(a) 3(b)

Principle (c): Data minimisation

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/data-minimisation

AnSolas · 11/08/2025 21:16

And lastly

Sorry
new additions
Underlined + Bold and/or Italic but best drop into Word doc and run a compare 2 docs option.

Even longer rewrite 🙈 👀 🫢

Objective Ask a number of specifc pointed questions and get them to answer the Q in a wrong way to show a Duty breach or allow them realise there is a Duty breach and allow a possible graceful reverse ferret.

The employee is writing on behalf of or "as the" LA so dont use "you said" etc its the letter stated ... LAs position is XYZ

Edit out any can you i have written amend to please confirm that LA....

I am using LA you can add in a line for "The City of Wolverhampton Council hereafter referred to as LA or COWC or Council" etc

Same re gender Identity G ID but for that i would be pedantic and gender Identity in full

Question
What other protected characteristics data did they try to collect for the consultation?

Equality Act Section 149 Public sector equality duty
(7)The relevant protected characteristics are—
• age; ??
• disability; ??
• gender reassignment; Opt: attemp G ID
• pregnancy and maternity; Opt: Excluded
• race; ??
• religion or belief; ??
• sex; ??
• sexual orientation ??

Noted : refuses to collect pregnancy and maternity

Were there any others missing?

Note what PC of M&CP is excluded.
marriage and civil partnership

Ref: Downgrade of G ID

^ https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/sexuality/methodologies/sexualorientationandgenderidentityqualityinformationforcensus2021^

Collection and procesding data

From other thread permission:

Equality Data Monitoring
bla bla bla
Why do we want to know these things about you?
It is very important for X Council to collect information about respondents to understand whether the feedback we get from these surveys is representative of our resident population.
The disclosure of this data is treated in the strictest confidence.

Specific permission granted
And limited to a specific task
Look at feedback
representative at a % of pop level

The way they find the %

^ https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/genderidentity/bulletins/genderidentityenglandandwales/census2021^

On Census Day, 21 March 2021, the size of the usual resident population in England and Wales was 59,597,300 (56,489,800 in England and 3,107,500 in Wales); this was the largest population ever recorded through a census in England and Wales.

Basic fuck ups in data supplied by big data and rounding:

BUT....NB Please check maths 😬

The LA need 2 data sets

Total pop v PC of GR
100% v 0.5% from census

And

Total replies v PC of GR
100% v box tick

Your data is in the 100%
You are over 16 so in the 6%

> 59.5973 total pop UK

• Overall, 45.7 million (94.0% of the population aged 16 years and over) answered the question.
• In total, 45.4 million (93.5%) answered “Yes” and 262,000 (0.5%) answered “No”.
• The remaining 2.9 million (6.0%) did not answer the question.

59.597 total pop
10.997 million Excluded under 16°
48.600 million (% popul 16 yr+ )

° est./ tbc

Total population who meet criteria
48.600 million (% popul 16 yr+ )
2.900 million (6.0% ) no reply
45.700 million (94.0% ) replyed

48.6 million new 100%

So
45.400 (93.5%) yes
0.262 ( 0.5%) no
45.662 (94.0%) replied (45.7m )
2.9 ( 6.0%) blank answer
48.6 (100.0%)

Data
“Is the gender you identify with the same as your sex registered at birth?”,
and had the option of selecting either “Yes”, or selecting “No” and writing in their gender identity.

Real data
□ Yes : 93.5%
□ No: 0.5%
□ prefer no to say :6.0%

So if you ignore the blanks

45.7 million new 100%

45.400 (93.5%) yes
0.262 ( 0.5%) no
45.662 (94.0%) replied
2.900 ( 6.0%) blank answer
48.562. (100.0%)

They have skewed the %

45.400 (99.005%) yes
0.262 ( 0.005%) no
45.662 (100%)

If the LA ignore the dont say/blank they move the number
So they have to be processing your data at the population level

Or doing way more complex maths than needed🦧

Rounding
TM = TW exactly

262,000 people (0.5%) "No"
• 118,000 (0.24%) no write-in response
• 48,000 (0.10%) trans man
• 48,000 (0.10%) trans woman
• 30,000. (0.06%) non-binary
• 18,000 (0.04%) other gender identity.

Did they ask for the age of the submitter as that ia needed to follow the Census maths method
On the off chance a teacher etc organised a number of under 16 to do submissions.

Assumption theses were the questions.
13. What is your sex? (a question about gender identity will follow)
Male
Female
Prefer not to say
NO DATA ENTERED
14. Is the gender you identify with the same as your sex registered at birth?
Yes
No
Prefer not to say
NO DATA ENTERED
15. What best describes your gender?
Female
Male
Non-binary
I use another term
Prefer not to say
NO DATA ENTERED

Data protection reference points

^https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/data-protection-principles/a-guide-to-the-data-protection-principles/accuracy/^

Article 5(1)(d) of the UK GDPR says:
1. Personal data shall be:
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/individual-rights/individual-rights/right-to-rectification/#ib1

What is the right to rectification?
Under Article 16 of the UK GDPR individuals have the right to have inaccurate personal data rectified.

An individual may also be able to have incomplete personal data completed – although this will depend on the purposes for the processing.

This may involve providing a supplementary statement to the incomplete data.

This right has close links to the accuracy principle of the UK GDPR (Article 5(1)(d)). However, although you may have already taken steps to ensure that the personal data was accurate when you obtained it, this right imposes a specific obligation to reconsider the accuracy upon request.

What do we need to do?
If you receive a request for rectification you should take reasonable steps to satisfy yourself that the data is accurate and to rectify the data if necessary. You should take into account the arguments and evidence provided by the data subject.

What steps are reasonable will depend, in particular, on the nature of the personal data and what it will be used for. The more important it is that the personal data is accurate, the greater the effort you should put into checking its accuracy and, if necessary, taking steps to rectify it.

For example, you should make a greater effort to rectify inaccurate personal data if it is used to make significant decisions that will affect an individual or others, rather than trivial ones.

You may also take into account any steps you have already taken to verify the accuracy of the data prior to the challenge by the data subject.

When is data inaccurate?
The UK GDPR does not give a definition of the term accuracy. However, the Data Protection Act 2018 (DPA 2018) states that personal data is inaccurate if it is incorrect or misleading as to any matter of fact.

Northumbria Police v Lindsey Smith

^https://www.mumsnet.com/talk/womens_rights/4910748-court-casesjudicial-reviewsetetas?page=8&reply=145730494^

Decision 83 onwards

This is the Judge saying specific case law applies (first party) not "recording" what a witness said (second party) to the court.

10
• Importantly, given the issues in the Claim, gender critical beliefs are recognised as protected "philosophical" beliefs for the purposes of the prohibition of discrimination on the grounds of religion or belief under the Equality Act 2010. They are also protected by Article 9 (the right to freedom of thought, conscience and religion) and Article 10 (freedom of expression) of the European Convention on Human Rights ("ECHR"), albeit these are qualified rights: see Forstater v GDC Europe UKEAT/105/20, [2022] ICR 1. In Forstater the Employment Appeal Tribunal expressed no view as to the merits of the transgender debate but it held that, while gender critical beliefs may cause offence to some trans people, they are widely held, including amongst respected academics and some trans people, and they are consistent with the law.

This second party then the Judge saying (first party) :

53
• The Defendant says ...I have viewed .... The Pride events .. the colours which indicate support for transgender people and their interests. There are tee-shirts, placards and banners with pro transgender slogans, and there are banners of supportive business, community, workplace and political organisations. The perspective of all of the marchers may not be identical but the overall consensus of support for the transgender community and transgender rights as part of the wider LGBTQIA+ agenda, and the wish of the marchers to express this support publicly are quite apparent.

108
• vi)
In another case, it might be necessary to ask: “how many members of the public who would be likely to form the impression referred to must there be for the duty to be breached?” Or, perhaps: “what if the views of the putative members of the public are offensive, irrational or unpopular?” But in this case, neither question requires to be explored. Mr Cross submitted, and Mr Waite did not disagree, that there is a sufficient number of people who hold gender critical beliefs for the duty to be engaged. No doubt in the light of the decision in Forstater that gender critical beliefs are protected by the Equality Act 2010 and the Human Rights Act 1998, Mr Waite did not submit that the nature of these views is such that an impression which gender critical members of the public are likely to form can be disregarded.

vii)
The only questions in the present case, given that the Claimant has confined her case to the impact on gender critical people, are therefore whether, on the evidence, the impugned activities are such as to interfere with the impartial discharge of their duties by the officers or the Force in their dealings with gender critical people or are likely to give rise to the impression amongst gender critical members of the public that the activities may so interfere.

Moreover, one would expect a rational officer or decision maker to proceed with caution in deciding whether to take an active part in a public event and, in discharging their Thameside duty to make reasonable inquiries, to consider the nature of the event, and the implications of taking part in it, with care. They should also have firmly in mind that their own views as to what is or is not political or controversial may not necessarily be shared by all members of the public. It is easy to fall into the trap of thinking that views with which one agrees are or must be uncontroversial.

Maybe relevent to LA Too re PC of P&M

https://caselaw.nationalarchives.gov.uk/ewhc/admin/2025/1805

75.
In Hotak v Southwark London Borough Council [2015] UKSC 30, [2016] AC 811 at [73]-[74] Lord Neuberger, with whom Lords Clarke, Wilson and Hughes JJSC agreed, approved [31] of the judgment of Dyson LJ (as he then was) in Baker v Secretary of State for Communities and Local Government [2008] EWCA Civ 141, [2009] PTSR 809 where he emphasised that:
“[the public sector equality]duty is not a duty to achieve a result…It is a duty to have due regard to the need to achieve these goals”.

115.
Section 149 of the Equality Act 2010 sets out statutory relevant considerations to which public bodies are required to have “due regard” in exercising their functions and making decisions in that context. But they have “due regard” to these considerations subject to the requirement to act lawfully. The section does not authorise unlawful conduct in order to achieve the equality objectives specified in section 149. Indeed, section 149(6) itself makes clear that, for example, compliance with the PSED does not permit “conduct that would otherwise be prohibited by or under this Act”. It would be no answer to a discrimination claim to argue that the discrimination was permitted because it promoted the equality goals identified in section 149. Similarly, if there is a breach of the duty of impartiality, it is no answer to say that the breach was for laudable reasons or to achieve equality related objectives.

Overview
The Allocations Policy outlines how the City of Wolverhampton Council prioritises and allocates housing to applicants, in accordance with Section 166A of the Housing Act 1996.
The policy is designed to assess and record individual housing needs, ensuring that homes are allocated to those in the greatest need. Significant changes were introduced in 2021 to better prioritise applicants on the housing register and to make the most effective use of the limited housing stock.
Further updates have been proposed in response to:
• New Government and statutory guidance
• Growing demand for housing
• Rising costs of temporary accommodation
• Increased approaches to Homeless Services
• The need to support future regeneration, estate redevelopment, and the delivery of new homes
These proposed changes aim to:
• Prioritise those with the most urgent housing needs
• Support regeneration, estate redevelopment and the delivery of new homes.
• Reduce the risk of homelessness
• Minimise the time households spend in temporary accommodation, and
• Ensure the Policy continues to meet its core objectives.
Why your views matter
The City of Wolverhampton Council is inviting residents to share their views on proposed updates to the Housing Allocations Policy.
This 8-week consultation gives you the opportunity to provide feedback that will help shape the final version of the policy

Census

[ ^https://www.ons.gov.uk/visualisations/censusareachanges/E08000031/^

Family in Wolverhampton
The percentage of households including a couple with dependent children increased in this area, but fell across the West Midlands.
In Wolverhampton, the percentage of households including a couple with dependent children rose from 17.9% in 2011 to 18.9% in 2021. During the same period, the regional percentage fell from 19.7% to 19.0%.
The percentage of households including a couple without children in Wolverhampton fell from 13.1% to 12.5%, while the percentage of households including a couple with only non-dependent children increased from 7.0% to 7.5%.

Rise in private renting
Wolverhampton saw the West Midlands' joint second-largest percentage-point rise (alongside Stoke-on-Trent) in the proportion of privately-rented homes (from 13.2% in 2011 to 19.0% in 2021).
Across the region, only Telford and Wrekin saw a greater rise in the percentage of privately-rented homes (from 15.0% to 21.2%).
Every local authority area across the West Midlands saw a rise in the percentage of privately-rented homes, as the regional percentage grew from 14.0% to 17.9%

and finally the letter 👀

Dear X

Thank you for your the letter of dd/mm/yy re....City of Wolverhampton Councils Consultation survey (Name dated etc ) > 2025 Housing Planning and allocating council properties < etc

Thank you for your the letter of dd/mm/yy
Which was in response to my letter dated dd/mm/yy objecting to
● the data which is being collected via the Online Survey (opened 10 Jul 2025 and closing 3 Sep 2025) for City of Wolverhampton Councils ("LA") consultation on the proposed Housing Allocations Policy (which outlines how the City of Wolverhampton Council prioritises and allocates housing to applicants, in accordance with Section 166A of the Housing Act 1996) ; and
● the way the LA is currently and proposing to process the data; and
● the purposes for which the LA is proposing to use the data.

[ City of Wolverhampton Councils ("LA") "short name picked🙃]^

[Add in the original LA action
and reason eg
so a someone who gets a copy is very clear about what the issue started from or overview of what prompted the complaint
and it pops for FOIs
If the LA person has not put eg
Online Survey for Housing Allocations Policy in the LA letter it will not show up in a word search etc and in the future its down to how and where the letter is filed/stored on the LAs system.
So if someone wanted to claim discrimintation the LA is "on notice" that the consultation process is flawed.

I am sorry to tell you
I am not satisfied with the answers provided by City of Wolverhampton Council (^ "the LA or COWC or Council")

[ whatever "short name you pick]^

The letter stated
"On your concern about ensuring accuracy without a I don’t have a gender identity option, our equality monitoring questions are not usually mandatory on Citizen Space, so questions don’t need to be answered where someone feels the question is not relevant to their identity. Additionally, each will have a prefer not to say option to allow people to opt out of questions they don’t feel comfortable answering.
Therefore, we do not uphold the element of your complaint that we are discriminating against you or not processing your data correctly by including questions on gender in our consultations as there are opportunities to abstain from questions you do not want to answer."

I do not agree with the decision not uphold the element of my complaint where I stated that LA is discriminating against me.

[Equality act element]

I do not agree with the decision not uphold the element of my complaint as a result of including questions on gender in the consultations the LA is collecting and processing my data but is doing so in a way which is inaccurate which resulted in the LA maintaining incomplete personal data and is also by denying me the right to have said inaccurate personal data rectified.

[ This is you arguing that the LA should collect your Political Opinion on the basis of your data is being used and later you will argue they should not hold any of the data 🙃 ]

Note there are two diferent Data ptotection element
1) collecting and processing to so the stats calc above
Article 5(1)(d) of the UK GDPR above

2a) not allowing an option of "no G ID" is holding incorrect data
Data Protection Act 2018 (DPA 2018)
2b) AND not giving you the option to correct it.
Under Article 16 of the UK GDPR individuals have the right to have inaccurate personal data rectified. ]

You The letter stated
"Public Sector Equality Duty, The City of Wolverhampton Council has a responsibility to ensure that we do not unfairly discriminate in the services we currently provide, or plan to provide."

However the g Guidance states:
The duty is a statutory duty on listed public authorities and other bodies carrying out public functions. It ensures that those organisations consider how their functions will affect people with different protected characteristics. These functions include their policies, programmes, and services. The duty supports good decision-making by helping decision-makers understand how their activities affect different people.

The protected characteristics are:
age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief

Please confirm if the LA consides how its functions will affect people with different Protected Characteristics while carrying out its Public Sector Equality Duty while having due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010; and advancing equality of opportunity between persons who share a relevant Protected Characteristic and persons who do not share it; and fostering good relations between persons who share a relevant Protected Characteristic and persons who do not share it in accordance with the Equality Act 2010.

[ they can not foster good relations between PC of GR and you if they first (snigger.. ... Taaa-Daaa : ) refuse to except you "Exist" by not creating a question which collects the data for PC of GR and by collecting Political Opinions but not yours.

In fact you are also claiming that by collecting Political Opinions but not your Political Opinion data "Gender Critical Beliefs" so forcing your answer to be "perfer not to say" or "blank" data they can not advance equality of opportunity between you and others under the PC of Religion or Belief. Furthermore they are adding weight to the submissions by GI people by looking at their contributions and making adjustments to planning and choosing to exclude your and other persons who share the same PO of Gender Critical Belief ]

[ they did not actually say the LA followed the EA /law its only implied by the next paragraph ]

If the LA consides how its functions will affect people with different Protected Characteristics please provide a list of the Protected Characteristics it considers.

[ they have said they do but you You want them to supply this answer which should be a list wthout "gender" .]

Gender reassignment is not a protected characteristic.

If the LA consides how its functions will affect other people or groups with different/other characteristics which are not Protected Characteristics please provide a list of the people and the groups with different/other characteristics it considers.

[This is where the LA need to explain if they have a "gender" group and other groups or not. And/or offer to explain how gender fits into PC of GR.]

So your assertion:
The letter states stated
"We ask questions about gender so we can identify responses from this equality group to see if they are engaging with our consultations and check if this protected characteristic have identified any adverse impact in their response. This is why asking questions around gender is relevant."