Transcript Document 7265238

Age Discrimination Review
Ending Age Discrimination and Promoting Age Equality
in Health and Social Care
Preparation for the equality legislation
Richard Gleave, Project Director
Source: www.southwest.nhs.uk/age-equality.html
The Equality Bill and age
Bans age discrimination, harassment and victimisation in
the provision of services and exercise of public functions
Age Discrimination Review
This will become law in other sectors in 2012 – and the review recommends
health and social care are in line with this
For age only, the ban does not apply to the treatment of under-18s
Creates a single public sector equality duty, covering
eight protected characteristics including age.
The duty applies to public bodies and those carrying out public functions –
including private and third sector organisations where they are fulfilling
public functions.
This will become law in 2011 and applies to all age groups
2
Will it mean anything for Joseph and Alice?
Age Discrimination Review
Joseph is 77 years old. He went to the GP because he was having
problems with walking to the shops. The doctor said that if he had
been younger, then he would have referred him for an operation on
his knee, but at his age, what did he expect? His daughter was
present and she intervened and so the doctor agree to refer and
Joseph successfully had the operation.
Alice is 85 and lived in her own home with support from her daughter.
When the daughter became ill ,the social worker and GP were concerned
about the level of support she would need to remain at home, even
though she strongly wanted to remain there. She was not offered the
option of direct payments. Alice was re-housed into residential care,
where she died six months later.
Ageism and age discrimination
Age Discrimination Review
‘…ageism is used to describe stereotypes and
prejudices held about older people on the grounds of
their age.
Age discrimination is used to describe behaviour
where older people are treated unequally (directly or
indirectly) on grounds of their age.’
(Ray, Sharp and Abrams, 2006)
BUT NOT ONLY
OLDER PEOPLE
LESS FAVOURABLY RATHER
THAN UNEQUALLY
The legislation will also provide protection against “dual
discrimination” where less favourable treatment is based on a
combination of two factors – e.g. age plus gender or race or disability
But different treatment by age is not automatically discrimination
It can be “good”
Age Discrimination Review
Age appropriate
services where these
It can be “neutral”
It can be “bad”
Differences in treatment Direct discrimination is
may reflect natural
treating someone
meet people’s needs
variation rather than be
less favourably
the result of specific
because of their age
Positive action - to
decisions
redress unfairness
Indirect discrimination
Reflect physiological
is when an
characteristics in the
apparently neutral
population rather than
criterion places
individuals
people of a
particular age at a
disadvantage
compared to others
unless the less
favourable treatment is
justified
We would like your views on the best approach to ending
age discrimination
Age Discrimination Review
Should the legal test be that all differences in treatment
need to be “objectively justified”?
Or would a couple of targeted exceptions within the law
where different treatment is clearly appropriate, help with
local implementation the intentions of the law ?
A possible exception based on
individual professional
judgements about the use of age
but only when based upon a full
and fair assessment of the
patient/service user’s needs
A possible exception for
national public health
programmes where age criteria
reflect the characteristics of the
population rather than
individual’s needs
Age equality in health and social care
Age Discrimination Review
The new public sector duty requires public bodies and persons
(i.e. individuals and independent organisations) carrying out a
public function, to have due regard to the need to advance
equality through:
(a) eliminating discrimination, harassment, victimisation
(b) advancing equality of opportunity – for age this means between
people of one age group and people of other ages
(c) fostering good relations for age this means between people of
one age and people of other ages (i.e. intergenerational work)
Implementation Timetable
Age Discrimination Review
The review recommended that health and social care
should be the same as other sectors
October 2010: consolidation of existing equalities
legislation covering race, gender, disability etc.
April 2011: implementation of the new public sector
duty to have due regard to the need to advance equality
2012: implementation of the ban on age discrimination
in the provision of services and exercise of public
functions
Age Discrimination Review
The NHS 2010-2015: from good to great
“The Equality Bill sets the scene for delivering
high-quality public services for all, taking full
account of disability, age, race, gender or any
other characteristic requiring protection from
discrimination. It provides an unprecedented
opportunity for the health and social care
system to build on the progress already made,
truly eliminate age and disability
discrimination and take further strides to
ensure that care is personal and meets the
needs of each individual and their carers,
regardless of age. Ending age discrimination
and promoting age equality are as much
about changing the attitudes and behaviours of
individuals and the culture and practices of
organisations”
Age Discrimination Review
The Green Paper
“The prohibition of age
discrimination is a very big part of
our drive to improve the way that
health and social care services are
commissioned and delivered to
different age groups.”
“Our vision is for a system where
people will be able to live their
lives in the way they want,
supported by the services that they
choose. A system that gives local
authorities the space to innovate,
enables services to respond to local
conditions and delivers true
personalisation.”
Next steps
Age Discrimination Review
Once the consultation is complete, the Department of Health will set
out its formal position on the recommendations for the NHS and LAs
The NHS Operating Framework
2010-11: “the Equality Bill is
scheduled to become law … in
preparation, NHS organisations
need to take account of
Achieving age equality in health
and social care, the report of the
review led by Sir Ian Carruthers
and Jan Ormondroyd.”
ADASS regional directors and DH
are exploring how progress in
2010-11 and 2011-12 can be linked
with the transformation
programme in adult social care