Striving for a Fairer Blackburn with Darwen. Equality Strategy

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1 Striving for a Fairer Blackburn with Darwen Equality Strategy

2 Contents Page Foreword 3 Introduction 4 Section 1: Equality and Blackburn with Darwen 5 About Blackburn with Darwen 5 What does Equality and Diversity mean? 14 Section 2: Our Equality Vision 17 Our work around equality to date 17 National drivers: Equality Act Section 3: Our Equality Objectives 25 Monitoring and Review 26 Appendices Appendix A: LSP Equality Objectives and Action Plan Appendix B: Equality Objectives Consultation 2 P age

3 Foreword Equality for all is a key priority for Blackburn with Darwen Borough Council. The Local Authority has a long-held and strong commitment to equality, diversity and community cohesion. The positive reputation the authority holds nationally highlights the bold, proactive and progressive stance it takes in relation to addressing inequality and narrowing the gap for all those who live and work in the borough. In order to remain at the forefront of the Equality and Diversity agenda, and to respond appropriately to new Equalities legislation, the council has embarked on a renewed programme to embed equality and diversity within all its activities. Our strong commitment to mainstreaming equality and diversity by embedding it into all activities of the council will ensure the public sector equality duty is integrated into all the functions, processes and policies of Blackburn with Darwen Borough Council. In continuing to work with our partners and the wider community of Blackburn with Darwen, we want to ensure: The borough is a fair and inclusive place to live, work and visit Blackburn with Darwen is a place where people have similar life choices and opportunities People who live in Blackburn with Darwen are able to get on well with each other and are confident in dealing with demographic changes The people who live, work, or visit the borough encounter a culture that is open and welcoming, where people are treated with respect Residents are able to influence decisions and contribute positively in shaping their neighbourhoods. Graham Burgess Kate Hollern Chief Executive Leader of the Council 3 P age

4 Introduction Welcome to the Blackburn with Darwen Borough Council Equality Strategy, which along with our action plan sets out the council s approach to promoting equality and diversity. As one of the largest employers in the area and one of the main providers of services, it is the council s strong commitment to provide equality of opportunity and to tackle discrimination and disadvantage to help ensure that Blackburn with Darwen becomes a place where people are treated with fairness and respect. The purpose of the Equality Strategy is to provide an overview of how we intend to embed equality into the Council s core services across all departments. It brings together in one document everything the Council intends to do and has done to help make the borough a place where all people are welcome to live and work and individuals and communities are supported to fulfil their potential and deliver solutions for themselves. This strategy provides an opportunity to demonstrate how the council intends to address inequality, disadvantage and discrimination that people may face in their everyday lives. The council along with its partners is committed to providing an environment where respect is shown to all and where everyone is valued and able to achieve their full potential. It also covers what we will do to support equality of opportunity within our workforce. We recognise that equality and diversity is a fundamental requirement in the delivery of services that meet the needs of individuals. We also recognise that it is essential to securing the employment of the best people. The strategy sets out clear strategic objectives and a detailed action plan to achieve them. This strategy has been informed by lessons learnt through implementing our previous race, disability and gender equality schemes, and through the combined single equality scheme, it has also been developed to meet the requirements of the Equality Act P age

5 Section 1: Equality and Blackburn with Darwen About Blackburn with Darwen Blackburn with Darwen is a unitary authority area in Lancashire. It consists of Blackburn, the town of Darwen to the south of it, and the surrounding countryside. The Borough covers an area of 13,700 hectares and at the time of the 2001 census had approximately 55,000 households. Demographics: According to the 2001 census Blackburn with Darwen had a population of 137,470, the 2010 ONS mid-year population estimate shows that this has increased to 140,100. Broad age groups from the 2010 mid-year population estimates: Age group BwD % 16-59/ % % Total 140,100 A quarter of Blackburn with Darwen s population is under the age of 15. It is also evident from the statistics that there are a smaller proportion of people of retirement age in the borough with 12.9% aged 65 or over. The following table shows the change in the broad age distribution of Blackburn with Darwen s population between 2001 and Table 1: Changing age balance of Blackburn with Darwen s population No. % No. % % change Aged , , % 16 to 64 85, , % , , % Total 138, , % Source: ONS, Mid-year population estimates Blackburn with Darwen in common with many other areas is expected to see growth in its population in the future. Most recent government population projections suggest that by 2030 Blackburn with Darwen s population will be 145,900, a 4.2% increase on the 2010 projected population. The number of households within the borough is also projected to grow to 66,000 by P age

6 Below the population of Blackburn of Darwen has been identified by the nine protected characteristics as outlined in the Equality Act 2010 and two additional characteristics which are important to the borough: Age Figures from the 2001 census show that Blackburn with Darwen had a population that was significantly younger than the UK average, with 30.3% aged 0-19 compared to 23.9% nationally. This includes under a quarter (22.6%) aged Conversely, approximately one in eight (12.9%) of the population is aged 65+ compared to 16% nationally. The bias towards a much younger population means there are fewer people of pensionable age than the average for England and Wales. Overall, three fifths (60.6%) of Blackburn with Darwen s population are of working age. Sixty three percent of all males are of working age compared to 57% of females. The profile is not too dissimilar to that for the North West and Great Britain. Blackburn with Darwen has a growing population of older people, projections between 2008 and 2030 show that in 2008 older people made up 25.4% of the population in Blackburn with Darwen. By 2030 older aged people are projected to increase to 36.2%. In August 2011, the state pension caseload in Blackburn with Darwen was 21, 840 1, up from 21,770 in August 2009, three fifths of these claimants were aged between 60 and 74. The average amount of pension benefit 2 recorded at the national level (GB) was Blackburn with Darwen recorded a weekly average of , lower than the North West figure of Disability There is currently no single definitive source of information on disabled people at local area level but a number of data sources can be used to assist in building a geographical picture of disability in a locality. These include benefit data on people claiming Disability Living Allowance (DLA) or Incapacity Benefit/Severe Disablement Allowance (IBSDA) and Census 2001 data on people reporting a limiting long term illness or disability (LLTI). According to the 2001 census 20.3% of the borough s residents have a limiting long term illness, which is on a par with the North West figure of 20.7% and above the England and Wales figure of 17.9%. The number of people claiming Disability Living Allowance 3 is 11,280 as at August 2008 up from 10,720 in August Recent statistics (August 2011) from the Department of Works and Pensions for key benefit claimants 4, show that there were 19,870 claimants in Blackburn with Darwen, 22.6% of the resident population of the area, this is higher than the North West figure of 18.0% and much higher than the national figure of 14.8%. The largest proportion 1 State Pension Caseload: DwP Tool 2 Benefit claimants, state pension, (WPLS) 3 Disability Living allowance claimants, 4 Key out of work benefits, 6 P age

7 were in receipt of ESA and incapacity benefits (9,900) followed by job-seekers allowance 4,310. There were 7,390 pension credit claimants in Blackburn with Darwen, the majority 5,520 or three quarters were claiming this as couples. A third of pension credit claimants fell into each of the 3 age groups, 60-69, and 80+. Three fifths have been claiming this for 5 years or more. Gender reassignment Statistical information on gender reassignment is difficult to locate due to there not being any reliable statistics collected on the prevalence of gender reassignments. However, in 2009 the Gender Identity Research and Education Society published a report 5 that estimated in 2007, the prevalence of people who had sought medical care for gender variance nationally was 20 per 100,000 i.e. 10,000 people. Of these people 6,000 had undergone transition. Marriage and Civil Partnership The most recent statistics 6 for marriage are from 2008 and these show that 504 marriages took place in Blackburn with Darwen during Of these marriages, 368 were civil ceremonies and 136 were religious ceremonies. At a North West level, there were 27,296 marriages during 2008, of which 17,671 were civil ceremonies and 9,625 were religious ceremonies. Data on civil partnerships 7 is more recent and in 2010 there were 8 ceremonies performed in Blackburn with Darwen. Of these, 4 of the couples were male and 4 were female. The North West figures are significantly higher with a total of 631 marriages of which 259 were male couples and 372 were female. Pregnancy and Maternity The birth rate for Blackburn with Darwen is higher than regional figures. In 2010 there were 2,296 live births in the borough. Within Blackburn with Darwen there were 81.8 births per 1,000 women aged 15 to 44, compared to 64.7 births per thousand for the North West as a whole. At the 2010 birth levels, women in Blackburn with Darwen would be expected to have on average 2.54 children in their lifetimes, compared to 2.03 in the North West P age

8 Race Blackburn with Darwen s population is diverse, with 80% identifying themselves as White and 21% as non-white. The non-white population is the highest in the region, and almost four times higher than the national average. Most of the non-white population comes from Indian (11%) or Pakistani (9%) backgrounds. This demographic picture is changing dramatically in Blackburn with Darwen and we anticipate the 2011 Census results to portray a BME population in the region of 30%. People from BME groups are concentrated heavily in three of the borough s 23 wards. At the time of the 2001 census Audley, Bastwell and Shear Brow wards accounted for 56.9% of all Asian or Asian British residents in the borough. These together with four other wards that have large shares of the Asian or Asian British population are located in the North East of the borough. The age profile by ethnicity shows that of the Black and Minority Ethnic (BME) population 37.5% are aged 0-15 and a further 18.5% aged In comparison, of those with White ethnicity 21.7% are aged 0-15 and 9.7% aged These differences are reflected in school populations in the Borough; 37% of secondary school pupils are of BME background while in the first three years of primary school (5-8 year olds) 51% are BME. This trend reverses with age; with the proportion in each age group increasing for the White population and decreasing for the BME population such that 12.8% of the White population are aged 50-59, 4.9% aged 60-64, 8.5% aged and 7.6% aged 75+ compared to 4.8%, 1.9%, 2.3% and 1% of the BME community. The age profile shows BME groups generally having younger populations with considerably fewer older people. Children are especially predominant in the mixed group, 54.8% of whom are under 15 compared to 21.7% of those from a White ethnic background. Asian people are more likely than the White population to be young or with a particular concentration of people in their twenties. The large Indian population contains fewer children than the Pakistani and Bangladeshi ones. Whilst only 3.3% of the BME population is aged over 65, the percentages of people from BME backgrounds increases to 6.7% for those aged Five percent of the Chinese and Other ethnic group and 8.8% of Black ethnic groups are aged over 65. The young BME population will lead to a growth in the percentage of the workforce from a BME background, conversely, the profile of older people in Blackburn with Darwen will change in the coming years, particularly with the increasing proportion of older people from BME groups, thus over time increasing proportions of people above pensionable age will be from BME households. 8 P age

9 Religion and Belief In Blackburn with Darwen, just under two thirds (63.3%) described themselves as Christian, 8% had no religion and 8.6% did not state their religion. One in five of the population follow Islam, the third highest proportion in England and Wales and the highest outside London. Less than 1% followed other religions. Religious belief is related to ethnicity, In Blackburn with Darwen 80.4% of White residents were Christian, 9.9% had no religion and 8.9% did not state their religion. Amongst those of mixed heritage 39.5% were Christian and a high proportion, over 1 in 10 said they had no religion or did not state their religion. Compared to White and mixed groups, Black and in particular Asian groups were less likely to have no religion. Over a third of those with mixed ethnicity were Muslim compared to 90% of those with Asian ethnicity. Sex Of the population of Blackburn with Darwen there exists a roughly equal split between the male and female residents; 69,954 were male and 70, 091 female. Sexual Orientation Data from the last census shows that there were 138 same sex couples living together in Blackburn with Darwen, more recent data from the 2003 Living and Working in East Lancashire survey shows that of the 335 respondents, 4.3% described their sexual orientation as bisexual, 1.4% gay, 0.2% lesbian and 1.7% transgender, the remaining ones described their sexual orientation as heterosexual.. The North West Development Agency (NWDA) commissioned research in partnership with other agencies. According to the research, the Northwest region has a lesbian, gay, bisexual and transgender (LGBT) population of roughly 430,000. The NWDA however recognise there is a lack of data available on the lesbian, gay, bisexual and transgender (LGBT) communities at national, regional or local level. The question on sexual orientation will not be included in the forthcoming 2011 census. The Office of National Statistics has introduced a sexual identity question into its Integrated Household Survey however, respondent numbers in the sample aren't sufficient enough to estimate numbers for the borough. A local survey was undertaken a few years ago that attempted to ask a sexual orientation question, however again, numbers responding were too small to allow any breakdown. Deprived Communities The 2007 Indices of Deprivation revealed a number of areas in the unitary authority with very high levels of deprivation. The index presents information for small areas, these are known as lower super output areas (LSOAs). According to the 2010 Indices of Deprivation the ward of Wensley Fold contains the most deprived LSOA in Blackburn with Darwen. However, since 2007 this area has become less deprived on 9 P age

10 national rankings. The areas was ranked the 35 th most deprived LSOA in the country in 2007, it is now ranked 68 th nationally. The other four areas in our most deprived five lower super output areas are found in the wards of Mill Hill, Shadsworth with Whitebirk and Queen s Park. All these areas have experienced increases in deprivation compared to One of the four LSOAs in Mill Hill was ranked as the 220 th most deprived LSOA in England in 2007; it is now ranked 123 rd. Similarly one of five LSOAs in Shadsworth with Whitebirk was ranked 184 th in 2007 and another 285 th. These areas are now ranked 141 st and 158 th respectively. Of the four LSOAs in Queen s Park, one was ranked 218 th most deprived nationally in 2007, in 2010 it was ranked 208 th most deprived nationally. Blackburn with Darwen recorded an average index of deprivation score of 35.83, ranking 17 th on the rank of average score (out of 354 local authorities) in In 2010 Blackburn with Darwen again ranked as the 17 th most deprived local authority in England (out of 326) local authorities). Its average index of deprivation score on this occasion was Any change in rank between 2007 and 2010 will therefore be influenced by the different number of authorities, in addition to any change in relative deprivation. The most deprived wards are concentrated in the centre and north east corner of the Authority. These include the areas with the highest concentrations of BME residents. However, deprivation is by no means confined to the BME communities, more White than BME residents live in the seven most deprived wards and two of the wards are over 90% White. Analysis of 2010 IMD shows that in Blackburn with Darwen approximately 1 in 12 (8.7%) of residents live in the 1% most deprived areas. This increases to a fifth of residents in the 5% most deprived and over a third in the 10% most deprived area. A breakdown by age shows that 39.5% of all 0-15 year olds live in the 10% most deprived areas. This percentage falls as age increases such that by age of retirement 27.5% of all residents live in the 10% most deprived wards. Thus from the data those aged 0-15 are 1.4 times more likely to live in the 10% most deprived ward than those who are retired, this ratio reduces for 5% and 1% most deprived areas such that 9.6% of all 0-15 year olds live in the 1% most deprived areas compared to 7.7% of those who are retired. Qualification levels play an important role in determining the future earnings potential of residents. Most recent data for GCSE achievement in 2009/10 show that 55.6% of Asian ethnic background pupils achieved 5+ A-C including English and Mathematics compared to 50.4% of pupils from a white ethnic background. Level of qualifications achieved by pupils from a black ethnic background show that 57.1% achieved 5+A-C including English and Mathematics. Whilst educational attainment for 16 year olds is significant to long term skills supply, a more immediate issue is that of skills and qualification levels in the current workforce. Data on educational attainment for adults is available through two key sources, the 2001 Census and the ONS Annual Population Survey through nomisweb. The ONS data will be more current. The data shows that within the workforce there is an upward trend in attainment levels for NVQ levels 4, 3 and P age

11 At the end of % of the population achieved an NVQ level 4 qualification and above by 2010 this has increased to 23.6%. Similarly the percentage attaining NVQ level 3 and above increased from 39.3% to 43.1%. The percentage of the population achieving a level 1 and above qualification decreased from 74.4% in 2004 to 72.8% in At the same time the percentage of the population with no qualifications in Blackburn with Darwen increased slightly from 18.5% in 2004 to 20.1% in 2008 and it has since decreased below 2004 levels to 18.1% in The 2011 ASHE (Annual Survey of Hours and Earnings) results reveal that the average median weekly earnings for full time resident employees in the Blackburn with Darwen area was 412.8, 17.9% or lower than the national average of Over the year earnings for all full-time employed residents in Blackburn with Darwen decreased by 5.8% and by 2.3% regionally, nationally median earnings for full time residents increased by 0.3%. The gap between male and female wage rates remains substantial. The median male weekly earnings figure for Blackburn with Darwen residents of is considerably higher than the female result of (i.e. the median wage for male residents is 24.2% higher than that of female residents). Similarly the median male weekly earnings for those for whom Blackburn with Darwen is a place of work show female earnings to be compared to for males, male earnings in this case are 14.5% or 58 more than that for females. In general terms, not taking into account the gender of wage earners, resident based earnings are 7.5% lower than workplace earnings. At the ward level, the variation in income levels between the most and least affluent wards in Blackburn with Darwen is extreme. Wards, either with good connections to the M65 or bordering the Ribble Valley, have income levels that are amongst the highest in the county. In contrast, the urban wards of Sudell, Bastwell, Wensley Fold and Audley have some of the lowest income levels recorded in Lancashire 11 P age

12 Blackburn with Darwen Borough Council as an employer The Council is one of the largest employers in the area and will continue to promote equality of opportunity as an employer with a workforce that reflects the demographic profile of the borough. An important part of quantifying our equality commitment is to monitor the workforce profile and service users experience as included in the Equality Watch Report. Monitoring and analysing the workforce profile is crucial as it enables the Council to compare its workforce to its local demographics, identifying gaps or areas which need positive action which can then influence the Council s Recruitment and Employment Strategy. The information collected will be used to: Inform and develop the Council s Recruitment Strategy Inform the work of the Organisational Development Strategy (People Plan) Inform employment policy and practices Support departmental policies and service areas Inform and develop corporate equality objectives The Council s commitment to ensuring it operates fairly and equitably extends beyond its workforce to also include service delivery. Below is a short summary of the workforce profile of the Council as at 30th November This indicates that: Women make up two thirds of the workforce Three quarters of the workforce are from a white ethnic background and 14.1% come from a BME background. Over time there has been a gradual positive increase in the council s workforce representation in relation to BME staff The average age of a council employee is approximately 42.9 years The proportion of women in the top 5% of earners has increased from 49.75% in 2006/07 to 55.27% in 2010/11 The proportion of black and minority ethnic staff in the top 5% of earners increased from 2.44% in 2006/07 to 3.31% in 2010/11 The proportion of disabled staff in the top 5% of earners decreased from 4.27% in 2006/07 to1.45% in 2010/11 Only 1.7% of the total workforce declared a disability. Further detailed information is available on: Equality Watch report 12 P age

13 Consultation and Engagement The Local Authority has a strong commitment to tackling inequality and by embedding it in all the council s business we ensure that functions and services are delivered to meet the diverse needs of the whole community. The council recognises the need to find out people s key concerns and priorities and accepts the need to consult widely to ensure everyone s view is taken into account. Through regularly consulting and engaging with service users we are aware of areas of service provision in which we excel but we know from consultation, feedback and complaints that there are areas where we need to deliver an improvement. Service users have valuable insights into the equity and fairness of the processes they experience. The council has a network of arrangements that provide a wide range of consultation opportunities for local people. These include the Local Strategic Partnership supported by community networks, residents surveys, neighbourhood partnerships and thematic partnerships. The Council will ensure that all people living within the borough have the chance to participate in public life and be able to influence council policies. It recognises that different groups of people are likely to feel that they have different levels of influence. A summary of consultation results from surveys such as the citizens panel and annual assessments, strategies and plans can be found on the council s website. Over time the council have consulted by: Conducting impact assessments and consulting a range of people to inform need for action Supporting existing forums to act as consultative bodies e.g. the Youth Forum, the Citizens Panel Making good use of existing information from surveys already carried out Developing a centralised complaints strategy which ensures that we make use of this source of feedback Using focus groups for specific and targeted consultation Building on existing strong links with individual community groups Supporting and promoting trained facilitators from various communities to assist services with consultation. To further help to co-ordinate consultation, engagement and research in Blackburn with Darwen, the Council and key partners have developed a consultation database which will help in the collation of consultation and engagement activities for both employees and service users. The consultation and engagement database will hold information about future consultations the council or its partners may be planning, or consultations which are currently open and reports or findings from those which have taken place. 13 P age

14 What does equality and diversity mean? The government s Equality Strategy, Building a Fairer Britain outlines two key principles of equality: equal treatment and equal opportunity. These are important principles because people experience disadvantage and inequality for a number of reasons. Equality of opportunity is summarised in terms of equal access, equal treatment and outcomes that meet the needs of the individual. Equality of opportunity is essential in helping to create a fairer society where everyone has the same chance to fulfil their potential, to participate in the economic and social life of the community and have access to the services they need. This is backed by legislation designed to address unfair discrimination. Equality for Blackburn with Darwen Borough Council means all staff, service users and the local community: Are committed to equality of opportunity Have equal access to employment, promotion, training, and development Have equal access to services Are involved and consulted with the development of all policies, practices and process that effect people. In order to achieve equality, the council recognises that under represented groups may have different requirements that are not catered for by one-size-fits-all approach. In order to achieve equality for everyone, it may be necessary to use our knowledge of diversity to take positive action. Positive action means providing assistance in order to remove real or perceived barriers to specific under represented groups. Positive action is lawful and is encouraged as good practice because it helps create a level playing field. Positive action is often confused with positive discrimination. Positive discrimination is different this means giving one group an advantage over others, which would not be fair and hence is unlawful. The council does not use positive discrimination. Thus equality in Blackburn with Darwen is about making sure people are treated fairly and given the same life opportunities. It is not about treating everyone the same as they may have different needs to achieve the same outcome. Diversity is about recognising and valuing differences. This means understanding how people s differences and similarities can be mobilised for the benefit of the individual, the organisation and the Borough as a whole. The Equality Act 2010 outlines nine protected characteristics that must be considered when new policies and services are being planned or when changes are being made to existing provision. Alongside the nine protected characteristics, Blackburn with Darwen Borough Council has included an additional three characteristics which it believes are necessary to ensure equality for all its residents. These are carers, vulnerable groups and socio-economic deprivation. 14 P age

15 The table below defines the government s nine protected characteristics: Definitions of the protected characteristics Age Where this is referred to, it refers to a person belonging to a particular age (e.g. 32 year olds) or range of ages (e.g year olds). Disability A person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities. Gender reassignment The process of transitioning from one gender to another. Marriage and civil partnership Marriage is defined as a 'union between a man and a woman'. Same-sex couples can have their relationships legally recognised as 'civil partnerships'. Civil partners must be treated the same as married couples on a wide range of legal matters. Pregnancy and maternity Pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding. Race Refers to the protected characteristic of Race. It refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins. Religion and belief Religion has the meaning usually given to it but belief includes religious and philosophical beliefs including lack of belief (e.g. Atheism). Generally, a belief should affect your life choices or the way you live for it to be included in the definition. Sex A man or a woman. Sexual orientation Whether a person's sexual attraction is towards their own sex, the opposite sex or to both sexes. Source: Equality & Human Rights Commission 15 P age

16 Why we need an Equality Strategy for the Borough It is the aim of all equality guidance and legislation to allow everybody to live in a society where equality is ingrained into the mainstream. However, despite decades of enforcement and positive action on behalf of the government, public authorities and other interested bodies, inequality is still rife in today s society. An equality strategy therefore is necessary to: Help make improvements to the services the council provides and help eliminate discrimination Help mainstream and embed equality and diversity practices across the organisation Promote equality of opportunity to services and employment Provide a fair framework within which all our employees, elected members, external partners and contractors can operate. There also exists a clear moral case for equality. Organisations that promote and achieve a diverse workplace will attract and retain quality employees. For public organisations, it translates into effective delivery of essential services to communities with diverse needs. 16 P age

17 Section 2 Our Equality Vision Blackburn with Darwen Council is committed to promoting and embedding equality, diversity and community cohesion. The Council continues to work towards eliminating discrimination against residents, service users and employees - regardless of which equality groups (protected characteristics) they belong to. The Council is aspiring to create and maintain a community that embraces change and welcomes diversity. Blackburn with Darwen Borough Council uses a variety of methods to ensure that the needs of employees, service users and local residents are met, and that equality and diversity is considered when developing policies, delivering services and making decisions. This section outlines how we ensure that the needs of groups with protected characteristics are always considered in employment and service delivery and provides examples of previous practices and procedures that have helped us embed equality and diversity. Our work around equality to date Prior to the Equality Act 2010, the key pieces of legislation to promote equality were: The Race Relations (Amendment) Act 2000 The Disability Discrimination Acts of 1995 and 2005 The Equality Act 2006 (Gender Equality Duty) The council implemented various strategies and plans to make sure that all the legislative requirements were met and as a result, staff and service users did not experience discrimination and were given equal opportunities when accessing services. The previous disability, gender and race equality related legislation impose both general and specific duties on all public authorities. The broad obligations of the race, gender and disability duties included: Promoting equality of opportunity Encouraging positive attitudes and good relations between differing communities Eliminating harassment and unlawful discrimination Developing and publishing race, disability and gender equality schemes and action plans in consultation with stakeholders Systematic equality impact assessments for all policy and service changes. 17 P age

18 Single Equality Scheme Each of the equality schemes above had a different timeframe and over a period the council combined these into one, known as the Single Equality Scheme. One advantage of this was to bring together the issues and timeframes for all schemes together. The disability, gender and race equality schemes had been regularly reviewed and updated and lessons learnt have been incorporated into this strategy. The Single Equality Scheme provided a single coherent approach, bringing together the statutory equality duties for race, disability and gender and the common elements of each duty that extended to age, transgender, sexual orientation and religion and belief. The scheme also covered socio-economic issues and human rights. The policy set out the Council s strategic aims in relation to equalities and the approach taken to deliver equalities in all aspects of the council s business. Equalities Framework Local Government (EFLG) The Equalities Framework for Local Government (EFLG) was used to help embed equality and diversity in every aspect of the authority s business. The framework builds upon and develops work undertaken using the Equality Standard for Local Government (ESLG). The ESLG was used to help the council progress in mainstreaming equality. Over time the strength and weaknesses of the ESLG became apparent, in addition new thinking and challenges with respect to equality led to the EFLG framework to be produced through which the council could meet legal obligations under anti-discrimination legislation. The new Framework encouraged critical self-assessment and Peer Challenge. The framework consists of 3 levels and 5 areas against which the authority measured its performance: The three levels are: Level 1 Developing Level 2 Achieving Level 3 Excellent. The five areas for which the authority can measure performance are: Knowing your community equality mapping the use of local and national data to understand the profile of communities and to measure inequalities Place shaping, leadership, partnership understanding the importance of equality in visions of place, political and officer leadership, working with partners to challenge inequality Community engagement and satisfaction involving equality groups in decision making and assessing satisfaction Responsive services and customer care providing personalised services that meet the needs of people from differing backgrounds, reflecting differing needs in commissioning and procurement and measuring access 18 P age

19 A modern, diverse workforce measuring diversity of the workforce, setting appropriate objectives to improve performance, equal pay and flexible working. The Framework has helped Blackburn with Darwen Borough Council comply with other requirements such as: compliance with the public duties on race, gender and disability customer service excellence good practice on community cohesion and migration evidence for the Comprehensive Area Assessment (CAA). Having self assessed against the Equality Standard the council migrated to level 3 - the Achieving level of the Framework. Peer Challenge for self-assessment will be required if the council wishes to progress to the Excellent level of the Framework. Corporate Equality and Diversity Group The Corporate Equality and Diversity Group comprises of representatives from across departments and service areas within the organisation. The overarching aim for the group is to develop and promote activity to support a positive culture and organisational excellence around equality and diversity within Blackburn with Darwen Borough Council and in the policies and functions it delivers to residents and staff. The departmental leads for equality and diversity provide valuable on-going support and advice at service level to ensure colleagues across the Council continue to give consideration to addressing discrimination and promoting equal opportunities. The group also helps to embed equality and diversity through the delivery of the work programme which has helped to map equality progress for the Council using the Equality Framework for Local Government. The group has helped to develop and establish the corporate equality and diversity training for the Council and continues to help embed the training for all staff including new starters. Furthermore, the group also supports bespoke training developed ondemand including one-to-one or team specific training sessions on equality analysis and impact assessments. 19 P age

20 Roles and Responsibilities Executive briefing papers and reports to Council Forum include details on equality implications of proposed recommendations to help Elected Members give consideration to potential equality issues when taking decisions. The Leader and Deputy Leader of the Council hold responsibility for equality and diversity. The Chief Executive is the lead Chief Officer from the management team. Elected Members and Chief Officers are responsible for ensuring that equality and diversity principles are reflected in respective departments and functions of the Council. The Human Resources and Organisation Development group maintain overall corporate responsibility around monitoring and progressing the equality agenda in relation to employment policies and practice. The Corporate Policy and Communications department has a dedicated lead to support governance and monitoring and to ensure equality and diversity continues to be embedded across the Council through the equality strategy and equality objectives. Equality Analysis and Impact Assessments One of the methods by which the Council promotes equality and diversity is to ensure it carries out an equality analysis and impact assessment (EIA) on decisions that have an affect on both individuals and community groups. Impact assessments help the council to meet the needs of our communities by ensuring that all of our services, in terms of their design and delivery, are fair and accessible to everyone and that there is equality of outcome for all. This will in turn enable us to be confident that the policies we develop do not disadvantage any particular group of people. Equality analysis and impact assessment is a way of considering the effect on different groups protected from discrimination by the Equality Act Impact assessments continue to help the Council: Identify how services can be made more accessible and appropriate Ensure that different groups are equally served by policy and decisions Consider if there are any unintended consequences for some groups Identify improvements to services Avoid adopting harmful policies or procedures Make better decisions Become a better employer. The equality analysis and impact assessment involves using equality information and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of the policies, functions, or decisions. It can help the Council to identify practical steps to tackle any negative effects or discrimination, to advance equality and to foster good relations. 20 P age

21 The on-going assessments aim to prevent discrimination, promote equal opportunities and continue to develop a better understanding of Blackburn with Darwen s community. The Council continues to conduct equality analysis and impact assessments as part of its business planning process to help improve services. Completed EIAs are published on our website: Equality Impact Assessments Employment monitoring We collect and publish information on our website about the profile of our workforce in terms of age, disability, gender and race on an annual basis. This includes an analysis of pay grades, length of service, grievance, disciplinary, harassment, reasons for leaving and applications for employment with the council. We also report on the profile of job applicants by age, sex and race and their success rates. The data collected is used to check whether any equality group is being disadvantaged by any of the Council s employment policies or procedures. If the data shows that this is the case, we take steps, such as designing and implementing relevant Positive Action measures to address the issue. Employment monitoring information and analysis is available on our website through the Equality Watch report. Equality and Diversity learning and development for staff and elected members Training is provided to all staff and elected members who are or will be, involved in conducting an EIA. This training has been designed and delivered internally and runs on a rolling basis throughout the year. Each training session is evaluated after completion, with the overall equality and diversity learning and development programme evaluated on an annual basis. Procurement for Blackburn with Darwen Blackburn with Darwen Borough Council is responsible for commissioning high quality services on behalf of the local community. It is therefore important that the organisation ensures that contractors comply with their responsibilities under legislation and promote equality and human rights. It is the Council s responsibility when commissioning services to ensure that all those who work for us and provide services on our behalf share the values of the authority and are meeting all statutory duties. This will be achieved through working in partnership with our key partner organisations jointly to deliver the best possible outcomes for all of the people of Blackburn and Darwen. The process of undertaking equality analysis and impact assessments is built into the procurement and contract management framework to ensure that the equality and diversity implications of commissioned or contracted out services are fully 21 P age

22 addressed. Embedding equality and diversity into the procurement and contract monitoring process begins with pre-qualification questionnaires. Processes and Procedures Equality and Diversity is built into the Business Improvement Planning cycle; equality analysis and impact assessment are conducted to demonstrate consideration in the development of Service Improvement Plans. Equalities issues that need addressing at service level are included in departmental service plans. These will be identified through the engagement and involvement of the local community, equality impact assessments and through guidance issued by the Corporate Cohesion and Equality Unit. Project Management In terms of Project Management, the requirement to undertake impact assessments is built into our Project Management Toolkit. At the initiation stage of any project, it is mandatory to consider the impact the proposed project may have in terms of equality; thereby paying due regard to the potential impacts on the protected characteristic groups as well as locally identified equality groups. Community Cohesion & Vision 2030 priorities - key themes/strategic priorities Equality is also a key strand of our efforts to tackle community cohesion issues. We believe strongly that the Local Strategic Partnerships efforts to reduce inequality in standards of housing, education, health and economic well-being are all vital to reducing tensions and resentment within and between communities. We have therefore aligned our efforts around cohesion with broader interventions in support of the 2030 Vision and the borough s broader aim to reducing inequality and narrowing the gap. The Community Cohesion Strategy is available on the council website. 22 P age

23 National Driver: The Equality Act 2010 The Equality Act 2010 brought together nine separate pieces of legislation into one single Act as an attempt to simplify and strengthen the law in important ways which would help tackle discrimination and inequality. Areas where the law has been strengthened include disability, equal pay, the rights of carers and pregnancy & maternity. Public Sector Equality Duty On 5 April 2011 the Public Sector Equality Duty (PSED) came into force. The Equality Duty replaces the three previous duties on race, disability and gender and brings them together into a single duty, and extends it to cover age, sexual orientation, religion or belief, pregnancy and maternity, and gender reassignment. The new Equality Act no longer requires public bodies like the Council to produce separate equality schemes as required under the Race Relations (Amendment) Act 2007, Disability Discrimination Act 2005 and Equality Act The aim of the Duty is for public bodies to consider the needs of all individuals in their day to day work, in developing policy, in delivering services and in relation to their own employees. General Equality Duty The general equality duty states that we must, in the exercise of our organisational functions, have due regard to the need to: Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act Advance equality of opportunity between people who share a protected characteristic and those who do not Foster good relations between people who share a protected characteristic and those who do not. These are sometimes referred to as the three aims or arms of the general equality duty. Having due regard for advancing equality involves: Removing or minimising disadvantages suffered by people due to their protected characteristics Taking steps to meet the needs of people from protected groups where these are different from the needs of other people Encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low. 23 P age

24 Specific Equality Duties There are also a number of specific duties that are designed to help public bodies perform the Equality Duty better. The specific duties require public bodies to be transparent about how they are responding to the Equality Duty requiring them to publish relevant, proportionate information showing compliance with the Equality Duty and to set equality objectives. The Government believes that public bodies should be accountable to their service users. Publishing information about decisionmaking and the equality data which underpins those decisions will open public bodies to informed public scrutiny. It will give the public the information they need to challenge public bodies and hold them to account for their performance on equality. Moreover, knowing that such information will be published will help to focus the minds of decision-makers on giving proper consideration to equality issues. The specific duties require public bodies to: Publish sufficient information to demonstrate compliance with the general equality duty by 31 January 2012 and at least annually after that, from the first date of publication: and Set and publish equality objectives, at least every four years. All information must be published in a way which makes it easy for people to access. The council s equality objectives are outlined in the next section. 24 P age

25 Section 3 Our Equality Objectives As outlined above, it is a requirement of the Equality Act 2010 to develop one or more equality objectives that will allow the requirements of the act to be fulfilled. Following consultation with groups across the borough we have agreed upon the following objectives to be adopted to allow us to meet our legal obligations and help promote equality and diversity in the council and within the services we provide. Equality Objective 1: Representative and skilled workforce To achieve a representative workforce at all levels of the organisation, ensuring effective services are provided through an improved understanding of the diverse local communities we serve. Analysis captured within the Equality Watch Report provided the rationale for Equality Objective 1. The summary of the rationale for the objective includes: - Areas for improvement in relation to under representation of certain groups within the council s workforce - Limited data on some protected characteristic groups within the workforce - Recruitment, retention and progression of underrepresented groups. Equality Objective 2: Enhance understanding of Blackburn with Darwen s diverse communities To further develop our understanding of the diversity of Blackburn with Darwen, thereby allowing us to shape policies and services to meet the diverse needs of the community. The equality analysis and impact assessment process highlighted key areas for improvement which led to the development of objective 2. The summary of the rationale for the objective includes: - Information from published sources and local knowledge of the diverse population of the borough - Limited sharing and use of equality information across the council - Limited understanding of the impact of decisions on service users and the wider community - Knowledge gap across some sections of the workforce in relation to the needs of equality groups. 25 P age