Equality, Diversity and Human Rights Strategy

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1 Fylde and Wyre Clinical Commissioning Group Equality, Diversity and Human Rights Strategy Better Health Outcomes for ALL Inclusive Leadership at ALL Levels Fairness Respect Equality Dignity Autonomy Improved Patient & Carer Access and Experience Empowered, Engaged and included staff 1

2 Contents Page Foreword 3 Introduction 4 The Equality Delivery System 5 About the Communities we serve 5 Equality Pledges 6 Equality Objectives 6 Human Rights 7 Delivering the Strategy 7 Equality Action Plan 10 Appendix 1 - Definitions Appendix 2 Equality Delivery System Baseline Appendix 3 list of protected groups CCG Authorisation: Key Evidence Demonstrated: Evidence for authorisation: CCG can demonstrate compliance with the public sector Equality Duty and is using EDS or equivalent to help attain compliance and ensure good quality performance 2

3 Foreword We are pleased to launch our first Equality and Diversity Strategy for Fylde and Wyre Clinical Commissioning Group. This document sets out our commitment to taking equality, diversity and Human Rights into account in everything we do whether that s commissioning services, employing people, developing policies, communicating with or engaging local people in our work. This strategy and action plan will help the Clinical Commissioning Group to tackle current health inequalities, promote equality and fairness and establish a culture of inclusiveness that will enable health services in Fylde and Wyre to meet the needs of all. Our Governing Body commits to monitoring our progress and reporting regularly and openly on the developments in this plan. We acknowledge and accept our roles in supporting the strategy and will play our full part in making its aims a reality. The CCG will also involve local people in the continuing development and monitoring of this strategy to ensure that we buy the right health care services, reduce health inequalities and provide well trained staff to deliver and ensure our providers meet the equality duties set out in the Equality Act 2010 and promote people s rights. Inequalities are a matter of life and death, of health and sickness, of wellbeing and misery. Health inequalities that could be avoided by reasonable means are unfair. Putting them right is a matter of social justice. But the evidence matters. Good intentions are not enough. Fair Society, Healthy Lives (The Marmot Review) February 2010 Mr Mike Niland Jennifer Aldridge Dr Jimmy Reid CCG Chair Chief Nurse Equality Lead 3

4 Introduction The strategy is based on the vision of the CCG to ensure high quality care is delivered in a timely and effective way in the right place and time for the benefit of all our patients. Implementing this Equality strategy alongside the Clear and Credible Plan will ensure that the CCGs vision set out above is achievable for all people living in Fylde and Wyre regardless of their protected group status, vulnerability or social status. Meeting the Equality Duties The CCG will ensure that it meets all the aims of the Public Sector General Equality duty as set out in the Equality Act as set out below: Aim 1 Aim 2 Aim 3 Eliminate unlawful discrimination, harassment and victimisation Advance equality of opportunity between different groups Foster good relations between different groups The CCG will meet the requirements of the Specific Equality Duty of the Equality Act 2010 by publishing equality information annually this will include its performance against the four goals set out in the NHS Equality Delivery System which will allow all our patients to understand and have a say in how the CCG is performing in: Making health care services more accessible to everyone. Improving people s health regardless of their; race, gender, age, sexual orientation, religious and philosophical beliefs, gender status, disability or ability, pregnancy, maternity status or their marriage and civil partnership status. Ensuring our employees are trained and supported to ensure they are able to help the CCG to meet the Equality Duties and can make decisions that are fair, objective and legal. Ensuring that the CCG board and leaders understand their responsibilities and accountability in meeting the public sector equality duties and make fair, equitable and objective decisions and promote best practice in everything they do. The CCG has adopted the NHS Equality Delivery System to demonstrate how the CCG is meeting the three aims of the Equality Duty and providing local people the opportunity to actively be engaged and involved in how the CCG makes its decisions around equality. 4

5 Equality Delivery System (EDS) The Equality Delivery System (EDS) is a tool to help the CCG review their equality performance and to identify future priorities and actions. Its aim is to enable the NHS to deliver better outcomes for patients and communities and better working environments for staff, which are personal, fair and diverse. At the heart of the EDS is a set of 18 outcomes grouped into four goals. These outcomes focus on the issues of most concern to patients, carers, communities and staff. It is against these outcomes that performance is analysed, graded and action determined. The grading of the CCG will be carried out by local people across Fylde and Wyre on a yearly basis. The four EDS goals are: 1. Better health outcomes for all 2. Improved patient access and experience 3. Empowered, engaged and included staff 4. Inclusive leadership at all levels The grades for EDS are as follows: 1. Undeveloped Red 2. Amber 3. Achieving Green 4. Excelling Purple The CCG has undertaken a base line assessment against the four goals of the Equality Delivery System (see appendix 2) which has supported the development of this strategy and the Equality Objectives. The CCG is committed to working with local people across all protected characteristic groups to ensure year on year improvement against the four goals and 18 outcomes and will report annually on its performance. About the communities we serve: The CCG serves a population of approximately 152,000 people this includes people registered with practices in the CCG and unregistered people living within the CCG s geographical area. The majority of the population live in the urban towns of Fleetwood, Thornton Cleveleys, Poulton-le-Fylde, Kirkham and Lytham St Anne s but a significant proportion live in rural villages. Our population has a larger proportion of people aged over 45 years than the England average and a significantly greater proportion of people aged 65 years and over compared to the national average, with a smaller proportion of children and younger adults. 5

6 It is estimated that over the next ten years the population of Fylde and Wyre will increase by over 7,000 people to approximately 158,800. The largest increase will occur in the over 70 age group which will increase from 25,900 to 33,100. On the other hand the young adult (15-30) and middle age (40-50) populations are projected to fall significantly more than the national average. The population of Fylde & Wyre is much less ethnically diverse than the population of England. Black and minority ethnic groups account for only 5% of the population compared to 16% nationally. Of these 2.1% are non-british White and 1.9% are Asian. Equality Pledges Fylde and Wyre Clinical Commissioning Group (CCG) will: Pledge 1 Ensure we will talk to local people to involve them as much as possible in our decision making processes to ensure we hear the voice of all our communities. Pledge 2 Ensure that all policies and processes carried out by the CCG or on behalf of the CCG are based on a robust review of equality information and are based on the needs of all the people we serve. Pledge 3 Ensure all staff including board members undertake equality, diversity and human rights training at a level related to their role and in line with the NHS Equality and Diversity Competency Framework. Pledge 4 Have an inclusive Engagement Strategy which aims to ensure that all people irregardless of their; race, gender, age, sexual orientation, religious and philosophical beliefs, gender status, disability or ability, pregnancy, maternity status or their marriage and civil partnership status are engaged effectively. Pledge 5 Use the NHS Equality Delivery System (EDS) to inform local people of how the CCG is performing and ensure that any health care providers commissioned by the CCG are also using EDS. 6

7 Our Equality Objectives These objectives have been developed following engagement with local people and are based on the health needs of the people living in Fylde and Wyre: Reduce inequalities for people irregardless of their protected characterisitcs To reduce early deaths from conditions such as heart disease and cancer paying particular attention to groups of people who are most at risk. To reduce unacceptable differences in the health (health inequalities) of people who live within Fylde and Wyre Buy health care whether it is in a hospital or community based setting that delivers the best care and health outcomes for the people of Fylde and Wyre. We will improve access to all health care services for the most vulnerable groups and we will support carers and family members. Human Rights The Human Rights Act 1998 sets out a range of rights which have implications for the way the CCG buys services and manages their workforce. In practice this means that we must: Act compatibly with the rights contained in the Human Rights Act in everything we do Recognise that anyone who is a victim under the Human Rights Act can bring a claim against the CCG (in a UK court, tribunal, hearing or complaints procedure) Wherever possible existing laws that the CCG as a public body deals with, must be interpreted and applied in a way that fits with the rights in the Human Rights Act The CCG know that human rights underpin the aims of the Equality Act 2010, and lay at the heart of the NHS Constitution As an organisation we have stated our commitment to incorporating these principles in our policy making, as well as the day to day running of the CCG. Delivering the Strategy Leadership and governance The CCG has put in place governance arrangements with the skills, abilities and capacity to deliver all our duties and responsibilities, including the delivery of statutory functions like equality, diversity and human rights. Our CCG Board has already had a development 7

8 session on Equality, diversity and Human rights and this will be built into the boards and staff Development programme. Jennifer Aldridge Chief Nurse Accoutable Officer -lead for Equality Our Governance Structure for Equality, Diversity and Human Rights Dr Jimmy Reid-Clinical Lead for Equality Julie Wall Equality, Diversity and Human rights Specialist Commissioning Support Unit What we plan to do: Publish our equality data and information annually Report on performance of the CCG against our equality objectives and NHS Equality Delivery System (EDS) grades annually Make sure exception reports on CCG, Commissioning Support Organisation, and other provider performance around equalities are on the Clinical Commissioning Committee (or relevant sub-committee) agenda at least twice a year Put in place a robust equality analysis and assessment of impact process which is carried out as part of the decision making process from the beginning and enables the CCG to have a full understanding of the equality risks to patients of any decisions they make. The Equality Strategy will be taken forward in line with the CCGs Commissioning Plans and achievements against the equality objectives and the four goals of the NHS Equality Delivery System will be published annually by the CCG in formats that are accessible to all the people of Fylde and Wyre for example: Easy Read 8

9 Braille or embossed Display British Sign Visual Audio WWW. Engagement with local people: The CCG has in place an Engagement and Communication Strategy which will work in partnership with this Equality Strategy. The CCG also has in place a Patient and Public Engagement Group which is a sub Group of the Quality Improvement Committee, this group will work together to ensure that the voice of the CCG s patients, their carers, and the public, including seldom heard groups is embedded in the business of the CCG, embracing the no decision about me without me promise. The CCG will also engage with local people and staff when undertaking its annual review of performance and outcome delivery against the four goals of the Equality Delivery System. This engagement will inform the CCG on its performance and will form part of the annual reporting mechanisms. 9

10 Equality Objectives 1. To put in place a Robust Governance system reporting to Integrated Governance Committee 2. To ensure the Executive and Clinical Leads and the Board have the right knowledge and competencies to effectively lead on this agenda EDS Goals Goal 4. Inclusive leadership at all levels Goal 4 Inclusive leadership at all levels Action Plan Actions Identify a Lead GP for equality and human rights to champion at Board level. Board equality and diversity training. Ensure a robust governance structure is in place to allow the CCG Board to receive assurance of compliance with equality and human rights legislation. Develop clear role descriptions and governance structure Measurable Outcomes An Executive and Clinical Lead is identified E & D is a standard agenda item at CCG board meetings E&D is a standard agenda item on the Quality Improvement Committee The CCG Board receive assurances that the CCG and the CSU are compliant with all equality legislation Clear role descriptions and governance structure in place Development for the Executive and Clinical Lead is provided in line with the NHS Competency Framework Board development is delivered and board Timescale September 2012 From April 2013 Quarterly from April 2013 September 2012 Lead(s) Chief Nurse and Dr J Reid Chief Nurse Chief Nurse Chief nurse Head of EDHR CSU Dr J Reid

11 3. To ensure patients and carers are safely accessing services commissioned by the CCG Goal 2 Improved patient access and experience Link the Equality function with the Governance, Safety and Quality functions within the CCG. (Commonalities include: SUIs, policies, safeguarding, risk management, equality analysis, compliance, reporting) members can demonstrate how they are using the information to inform their decision making Attendance of CSU Equality lead at Quality Improvement sub-committee to provide advice/support A clearly defined process exists for Equality analysis of complaints and SUIs From April 2013 Review annually Barbara Campbell supported by the Head of EDHR CSU Outcomes and or exceptions in relation to Equality Analysis are reported to the Quality committee quarterly and lessons learned are Relevant information is included in an annual report to each CCG and CSS board SUIs, Complaints safeguarding issues are reviewed to identify the relevance

12 4. To meet the specific Equality duty annually Goal 3. Empowered, engaged and wellsupported staff Goal 1 Better health outcomes for all The CCG will routinely collect and publish data on the CCG website regarding Equality information relating to our workforce who share protected characteristics The CCG will publish equality information about the population it serves such as: o Health Profiles o Annual Report outlining outcomes against Equality Objectives o EDS Grading outcomes o Engagement and involvement of people with protected characteristics and seldom head groups o Annual Learning Disability Self- Assessment to Equality and Human rights and where required this is considered as part of the investigations and brought to the attention of the Quality Improvement Committee for assurance as required. Recruitment and selection processes are fair, inclusive and transparent so that the workforce becomes as diverse as it can be within all occupations and grades 31 st January Annually Christine Al- Sharifi Head of Equality Diversity and Human Rights CSU Amanda Bate Community Engagement

13 5. To reduce unacceptable differences in the health (health inequalities) of people who live within Fylde and Wyre in line with Health inequality Duty set out in the Health and Social Care Act 2012 Goal 1 Better health outcomes for all Goal 3. Empowered, engaged and wellsupported staff Utilise principles of proportionate universalism when developing contracts and service specifications to ensure proactive engagement of members of the population who experience the worst health outcomes, based on health profiles for the CCG footprint. Ensure commissioning and contracting staff are trained in mandatory equality and diversity awareness (as part of organisational development programme and personal development process) and in equality Analysis techniques Patients health needs are assessed, and resulting services provided, in appropriate and effective ways The Quality Improvement Committee review performance data to ensure the CCG is on the right trajectory to remove health inequalities. From April 2013 Report on outcomes annually Claire Lewis Integrated Governance and Performance Routinely collect and publish data on CCG website regarding Equality information relating to the people who live in North Lancashire as they are the people affected by the Trust s policies and practices when buying or not buying health and social care services. 6. To work toward reducing inequalities for people regardless of Goal 1 Better health outcomes for all All contracts and service specifications to be equality analysed and include relevant equality requirements in relation Services are commissioned, designed and procured to meet From April 2013 Reported on CCG Commissioning Leads

14 their; race, gender, age, sexual orientation, religious and philosophical beliefs, gender status, disability or ability, pregnancy, maternity status or their marriage and civil partnership status. to the demographic needs of Wyre and Fylde the health needs of local communities, promote wellbeing, and reduce health inequalities annually to the relevant CCG Committee and included in the annual Equality report 7. To work towards reducing early deaths from conditions such as heart disease and cancer paying particular attention to groups of people who are most at risk. Goal 1 Better health outcomes for all Goal 2. Improved patient access and experience All contracts and service specifications to be equality analysed and include relevant equality requirements in relation to the demographic needs of Wyre and Fylde Patients, carers and communities can readily access services, and should not be denied access on unreasonable grounds Patients are informed and supported so that they can understand their diagnoses, consent to their treatments, and choose their places of treatment Grading against goal 1 and 2 show improving outcomes year on year From April 2013 Dr J Reid

15 8. To buy the right health care in the right place based on the needs of the local population in line with QIPP - whether it is in a hospital or community based setting, that delivers the best care and health outcomes for the people of Fylde and Wyre. To improve access to all health care services for the most vulnerable groups and we will support carers and family members. Goal 2 Improved patient access and experience Goal 2 Better health outcomes for all All contracts and service specifications to be equality analysed and include relevant equality requirements in relation to the demographic needs of Wyre and Fylde All contracts and service specifications to be equality analysed and include relevant equality requirements in relation to the demographic needs of Wyre and Fylde Patients, carers and communities can readily access services, and should not be denied access on unreasonable grounds Patients are informed and supported so that they can understand their diagnoses, consent to their treatments, and choose their places of treatment Grading against goal 1 and 2 show improving outcomes year on year Patients, carers and communities can readily access services, and should not be denied access on unreasonable grounds Patients are informed and supported so that they can April 2013 April 2013 Dr J Reid Commissioning Leads Chief Nurse & Dr J Reid

16 understand their diagnoses, consent to their treatments, and choose their places of treatment Grading against goal 1 and 2 show improving outcomes year on year

17 Appendix 1 - Definitions Equality Act The Equality Act came into force from October 2010 providing a modern, single legal framework with clear, streamlined law to more effectively tackle disadvantage and discrimination. Public Sector Equality Duties - The public sector equality duty consists of a general equality duty and the specific duties which came into law on the 10th September 2011 in England. In summary, those subject to the equality duty such as the CCG must 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. NHS Equality Delivery System (EDS) - is a tool to help the CCG to review their equality performance and to identify future priorities and actions. Its aim is to enable the NHS to deliver better outcomes for patients and communities and better working environments for staff, which are personal, fair and diverse. NHS Equality and Diversity Competency Framework the Framework sits alongside the new national Equality Delivery System (EDS), and it offers an holistic, comprehensive and evidence-based overview of the competencies required to support improved equality in health outcomes and workforce diversity across all the diverse communities which the NHS is there to serve. Human Rights Act The Human Rights Act 1998 came into force in the United Kingdom in October It is composed of a series of sections that have the effect of codifying the protections in the European Convention on Human Rights into UK law. All public bodies such as the CCG and other bodies carrying out public functions have to comply with the Convention rights.

18 NHS Constitution - The NHS Constitution establishes the principles and values of the NHS in England. It sets out patient and staff rights and responsibilities. It protects the NHS and helps ensure we receive high-quality healthcare that is free for everyone. The NHS Constitution brings together in one place details of what staff, patients and the public can expect from the National Health Service. It also explains what you can do to help support the NHS, help it work effectively, and help ensure that its resources are used responsibly. Health Inequalities stem from differences in people s early life experiences, their education and their employment status (they have a job and what type of job it is, or are they unemployed) etc. People in disadvantaged groups and areas tend to experience the poorest health but health inequalities can happen to anyone. (Department of Health (2007) Tackling health inequalities: 2007 status report on the Programme of Action) Protected characteristic groups / Equality Groups - Those defined by the Equality Act 2010 with protected characteristics : disability, gender, pregnancy and maternity, race, religion or belief, gender variance (Trans),, marriage and civil partnership, sexual orientation, age). Governance these are the rules by which the CCG will be directed such as polices, structures and having the right people to carry out the work in the right way. Commissioning Support Organisation this organisation provides the support to the Clinical Commissioning Group and buys health care from hospitals and private providers of health care services for the people of Fylde and Wyre. Equality analysis or equality impact assessment - is designed to allow public authorities like CCGs to identify the effect (either negative or positive) of their policies, procedures and functions on various sections of the population, paying particular regard to the needs of protected groups and minorities. Where negative impacts are identified the organisation then needs to take steps to deal with this. Statutory authorities are required to carry out equality analysis under the Equality Act 2010.

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20 Appendix 2 Fylde and Wyre CCG Equality Delivery Outcomes EDS 2012 Base Line Predicted Services are commissioned, designed and procured to meet the Achieving health needs of local communities, promote well-being, and reduce health inequalities 1.2 Patients health needs are assessed, and resulting services provided, in appropriate and effective ways 1.3 Changes across services are discussed with patients, and transitions are made smoothly 1.4 The safety of patients is prioritised and assured 1.5 Public health, vaccination and screening programmes reach and benefit all local communities and groups 2.1 Patients, carers and communities can readily access services, and should not be denied access on unreasonable grounds 2.2 Patients are informed and supported so that they can understand their diagnoses, consent to their treatments, and choose their places of treatment 2.3 Patients and carers report positive experiences of the NHS, where they are listened to and respected and their privacy and dignity is prioritised 2.4 Patients and carers complaints about services, and subsequent claims for redress, should be handled respectfully and efficiently 3.1 Recruitment and selection processes are fair, inclusive and transparent so that the workforce becomes as diverse as it can be within all occupations and grades. 3.2 Levels of pay and related terms and conditions are fairly determined for all posts, with staff doing the same work in the same job being remunerated equally 3.3 Through support, training, personal development and performance appraisal, staff are confident and competent to do their work, so that services are commissioned or provided appropriately 3.4 Staff are free from abuse, harassment, bullying, violence from both patients and their relatives and colleagues, with redress being open and fair to all 3.5 Flexible working options are made available to all staff, consistent with the needs of patients, and the way that people lead their lives. 3.6 The workforce is supported to remain healthy, with a focus on addressing major health and lifestyle issues that affect individual staff and the wider population. 4.1 Boards and senior leaders conduct and plan their business so that equality is advanced, and good relations fostered, within their organisations and beyond 4.2 Middle managers and other line managers support and motivate their staff to work in culturally competent ways within a work environment free from discrimination 4.3 The organisation uses the NHS Equality & Diversity Competency Framework to recruit, develop and support strategic leaders to advance equality outcomes Achieving Achieving Achieving Undeveloped Achieving Achieving Achieving Achieving Achieving Achieving 20

21 Appendix 3 The Public Sector Equality Duty 2010 (protected characteristics) (1-8) 1 Age By being of a particular age / within a range of ages 2 Disability A physical or mental impairment which has a substantial and long term adverse effect on day to day activities 3 Gender (sex) being a man or a woman 4 Gender Reassignment 5 Pregnancy and maternity Transsexual people who propose to; are doing or have undergone a process of having their sex reassigned If a woman is treated unfavourably because of her pregnancy, pregnancy related illness or related to maternity leave 6 Race Includes colour, nationality, ethnic origins and national origins 7 Religion or belief / lack of belief The full diversity of religious and belief affiliations in the United Kingdom. 8 Sexual orientation A person s sexual preference towards people of the same sex, opposite sex or both 9 Marriage and Civil Partnership This is relevant in relation to employment and vocational training, the CCG will ensure that this protected group is considered in relation to employment of staff and their training.

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