Transcript Public sector equality duty briefings sept

Warwickshire County Council
Public Sector Equality Duty
Briefings
Corporate Equality & Diversity Team
September – November 2011
Warwickshire County Council
Aim of session
 provide information about the Duty
 help you understand how it relates to
your work, and
 what you need to do to meet this legal
Duty
Warwickshire County Council
Areas to be covered in the session
 Key dates
 Protected characteristics/ groups
 Benefits of the equality duty
 General equality duty
 The specific duties
 Compliance with equality duty
 Key Messages for Warwickshire County Council
Warwickshire County Council
Key dates for Equality Duty
 5 April 2011 general duty came into force
 10 September 2011 specific duties came into force
 31 January 2012 (except schools) to publish
equality information
 6 April 2012 schools to publish equality information
 6 April 2012 listed bodies (including schools) to
publish equality objectives
Warwickshire County Council
What are the ‘protected characteristics/
groups?
 age
 disability
 gender reassignment
 pregnancy and maternity
 race
 religion or belief
 sex
 sexual orientation
 marriage & civil partnership (only applies to the
first aim of the duty)
Warwickshire County Council
Benefits of Equality Duty
 Help public authorities avoid discriminatory
practices and integrate equality into their core
business.
 Ensure services are appropriate for customers, are
efficient and cost-effective and improve public
satisfaction.
 Build a supportive working environment to increase
productivity. More representative organisations can
draw on a broader range of talent.
 Using up to date equality information can lead to
better decision-making and policy development.
Warwickshire County Council
Public sector Equality Duty - 1
General equality duty – 3 Aims
1. Eliminate unlawful discrimination, harassment and
victimisation and other conduct prohibited by the
Act.
2. Advance equality of opportunity between people
who share a protected characteristic and those
who do not.
3. Foster good relations between people who share a
protected characteristic and those who do not.
Warwickshire County Council
Public sector Equality Duty - 2
Specific duties- imposed by secondary
legislation to help comply with general duty
 Publish Information
 Prepare and publish equality objectives
Warwickshire County Council
Compliance with Equality Duty
1. assessing relevance
2. collecting and publishing equality information
3. engagement
4. equality analysis
5. equality objectives
6. commissioning and procurement
7. business planning and reporting
8. monitoring and enforcement
Warwickshire County Council
1. Assessing relevance
 this is the first step in helping WCC prioritise its
efforts to comply with the Duty – not an end in
itself
 identify which functions are more relevant to the 3
aims of the Duty
 the Duty continues to apply even if the services
have been contracted out or thinking of
contracting out
 Duty applies irrespective to the size/ numbers of
people with a protected characteristic
Warwickshire County Council
2.Collecting and publishing equality
information (1)
 understand the communities we serve
 understand our workforce
 embed equalities into policy & decision making
 identify key priority equality issues for WCC
 help set the most appropriate objectives &
measurements
Warwickshire County Council
2.Collecting and publishing equality
information (2)
 demonstrate to the public how WCC is performing
& what it has achieved.
 collecting information is not an end in itself –
should be used to interpret, analyse & advance
equality & good relations
 helps identify barriers & discrepancies, so can
plan any remedial action
 links to analysis, engagement, objective setting
Warwickshire County Council
3. Engagement (1)
 requirement to have adequate evidence base for
decision making
 requirement to publish engagement activity
undertaken
 helps identify the relevance of functions to equality
 helps identify particular needs, any disadvantage
 help to understand reasons for disadvantage
 helps identify opportunities to promote equality &
foster good relations
Warwickshire County Council
3. Engagement (2) – is successful when:
 it is inclusive, open, transparent and influential
 leadership commitment
 integrated with decision making
 early and ongoing
 clearly structured and proportionate
 accessible
 done in partnership
Warwickshire County Council
4. Equality analysis
 change in terminology – from ‘impact assessment’
to ‘analysis of the effects’
 requirement to analyse the effects of policies &
practices on meeting the 3 equality aims
 linkages to information, engagement & objective
setting
 helps with effective/ efficient use of resources
 helps identify if further engagement is required
Warwickshire County Council
5. Equality Objectives
 requirement to prepare & publish by 6th April 2012
 strengthens our performance of the general duty
 encourages an outcome focused approach
 demonstrates commitment to the community,
service users and staff
 supports the business planning processes
 helps us to focus on our priorities
Warwickshire County Council
6. Commissioning and procurement
 requirement to embed equality considerations
 applies to external organisations who are carrying
out a public function
 ensure robust monitoring processes are in place
to assess compliance
 applies to all procurement, irrespective of value
 leads to appropriate, responsive and value for
money services
Warwickshire County Council
7. Business planning and reporting
 requirement to review and revise
 integrate the Duty into the business planning
processes
 ensure included in Annual Reports
Warwickshire County Council
8. Monitoring and enforcement
 Equality & Human Rights Commission
 compliance notes
 judicial review
 section 31 assessments
 section 23 agreements
 legal interventions
 individuals can apply for judicial review
 Civil society/ public accountability
 Inspectorates
Warwickshire County Council
Key Messages for Warwickshire
County Council
 clear leadership is crucial
 build on work we are already doing
 ensure decisions are made with full information
 ensure the Duty is integrated
Warwickshire County Council
WCC drivers
 Corporate Business Plan 2011-13
 Strategic Commissioning Programme
 Consultation & Engagement guidance
 Tender documents – especially Pre-Qualification
Questionnaires and monitoring requirements
Warwickshire County Council
IN SUMMARY
 covers all protected characteristics
 requirement to have due regard to the 3 general
duty aims
 requirement to publish equality information
 requirement to have adequate evidence base
 requirement to prepare & publish equality
objectives
 change in terminology from ‘impact assessment’
to analysis of the effects’
 covers commissioning & procurement (including
contracted out services)
Warwickshire County Council
GROUP EXERCISE
1.How are you going to put what you
have learnt today in practice in your
respective areas of work?
2.What challenges do you envisage
when trying to implement this?
Warwickshire County Council
Any Questions ?
Warwickshire County Council
FOR FURTHER INFORMATION
CONTACT
Corporate Equalities and Diversity Team
Tejay de Kretser
David Fagg
Sarah Hay-Jahans
Suranjana Lall
Minakshee Patel
Shearon Williams
01926 412497
01926 418017
01926 418199
01926 414106
01926 412659
01926 742358
Email: [email protected]
Warwickshire County Council
FOR FURTHER INFORMATION
Useful web pages:
WCC Intranet:
Helping you Work – Equality & Diversity
Our Council – Vision & Values
Have your Say – Consultation & Engagement Guidance
Warwickshire Direct website
Observatory page
External websites
Home Office – Equalities
Equality & Human Rights Commission