Equality Analysis. Guidance Notes for completing the template CONTENT

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1 Equality Analysis Guidance Notes for completing the template CONTENT 1. INTRODUTION Page 2 2. LEGAL FRAMEWORK Equality Act 2010 and Protected Characteristics The Public Sector Equality Duty (PSED) The General Equality Duty and Policy and Decision-Making 3. PROTECTED GROUPS Age, Disability, Race, Religion of Belief, Sex, Sexual Orientation, Gender Reassignment, Pregnancy & Maternity, Marriage& Civil Partnership, Carers 4. KEY CONSIDERATION Cuts and service Re-designs New / redesigned service Who should undertake the Analysis? When an Equality Analysis should be carried out 5. STEP BY STEP GUIDE TO UNDERTAKING EQUALITY IMPACT ASSESMENT Step 1 - Timing of your analysis and decide who will contribute to the EIA Step 2 - Identify your policy or service aims Step 3 - Evidence - gather data and research that is already available Step 4 - Assess the likely impact on equality Step 5 - Involve and consult relevant stakeholders Step 6 - Produce an action plan Step 7 - Set up monitoring and review arrangements Step 8 - Sign off the EIA and agree the policy/service Step 9 - Publish the results 6. DOCUMENTATION Appendix 1 - Equality Impact Assessment Form Page 2 Page3 Page 4 Page 5 Page 6 Page 8 Page 9

2 1. INTRODUTION Equality Analysis is not simply about identifying and removing negative aspects or discrimination, but it is also an opportunity to identify ways to advance equality of opportunity and to foster good relations. Equality Analysis must be practical and should demonstrate what you do, or will do, to make sure that your service/policy is accessible to, and meets the needs of, different people and communities. It is not enough to say that a service is open to everyone or that a policy applies to everyone. 2. LEGAL FRAMEWORK EQUALITY ACT 2010 AND PROTECTED CHARACTERISTICS Equality legislation has been developed over several decades in response to the lack of equity experienced by individuals and groups. The Equality Act 2010 has strengthened and harmonised the law which now covers 9 protected characteristics: Religion or belief Age Race Sex Disabled people Marriage and civil partnership Gender reassignment (in terms of best practice this template covers all people who identify as Trans) Pregnancy and maternity Sexual orientation For more detail on the Equalities Act 2010 & Guidance details can be obtained on various websites including: THE PUBLIC SECTOR EQUALITY DUTY (PSED) The public sector equality duty is made up of a general equality duty which is supported by specific duties. The general equality duty requires public authorities, in the exercise of their functions, to have due regard to the need to: Eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Act Advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it Foster good relations between people who share a relevant protected characteristic and those who do not share it These are often referred to as the three aims of the general equality duty. The functions of a public authority include all of their powers and duties such as policy decisions, budgetary decisions, public appointments, service provision, individual decisions, employing staff and procurement of goods or services. The Equality Act explains that 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 with certain protected characteristics where these are different from the needs of other people. 2

3 Ensuring people with certain protected characteristics are able to participate in public life or in other activities where their participation is disproportionately low. It states that meeting different needs involves actions such as making adjustments to take account of disabled people s disabilities. It describes fostering good relations as tackling prejudice and promoting understanding between people from different groups. THE GENERAL EQUALITY DUTY AND POLICY AND DECISION-MAKING Public authorities are required to have due regard to the aims of the general equality duty when making decisions and when setting policies. Understanding the effect of your policies and practices on people with different protected characteristics is an important part of complying with the general equality duty. This can help you to consider whether the policy will be effective for all sorts of different people. For example, does your planned service meet the needs of people with protected characteristics? Does it minimise disadvantages faced by them? It can help you to identify any negative impacts or potential unlawful discrimination, as well as any positive opportunities to advance equality. Identifying these areas may help you to develop practical course of action to mitigate negative consequences or to promote positive ones. Having due regard to the aims of the general equality duty is about using good equality information and analysis, at the right time, as part and parcel of your decision-making processes. The law also requires transparency about how you reached your decisions. This involves recording the evidence used and publishing records of your equality considerations with the relevant policy/proposal. Since the actual, as opposed to predicted impact of policies and proposals may differ, they must undergo regular monitoring and review. The Trust is committed to publish all Equality Analysis undertaken. For more information please contact: Sue Rampal (Equality and Diversity Officer) 3. PROTECTED GROUPS PROMPT QUESTIONS -The following questions, broken down by protected group, are meant to serve as prompts and not all questions will be relevant to all services /policies or decisions AGE Does your service give out positive messages about all ages in the leaflets and posters that it uses? Is publicity material easy for older people to read (e.g. large print) or in an appropriate format/language for young people? Do any eligibility criteria for your service discriminate against older or younger people without just cause? DISABILITY This includes people with long-term conditions, learning disabilities, mental health problems and people with physical and sensory impairment Do you currently monitor whether or not users have a mental health condition, physical or learning disability, or sensory impairment so that you know how well your service is being used by people with a disability? 3

4 Does your printed information take account of communication needs of people with various disabilities and is it easy to understand? Do your staff members know how to access a sign language interpreter, or an interpreting service for Deaf and hearing impaired people, how to use an Induction Loop and where to get advice on material in different formats? RACE Do you currently record the ethnicity of users so that you know how well your service is being used by people from minority ethnic backgrounds? Does your staff know how to access interpreting services (both Face to Face and telephony)? Do they also know where to get advice on material in other languages and formats? Do you have systems in place to identify and record any specific dietary or any religious needs of users or any other specific requirements that you need to be sensitive to? RELIGION OR BELIEF Is your service religiously and culturally sensitive to meet the needs of people from various religious backgrounds? If not what approaches would you develop to address this? Have you publicised your service among various religious communities and groups by making information available at different appropriate venues as well as visiting them and talking about your service? If you are commissioning an inpatient or residential service, have you thought about the prayer needs or the need for a quiet space for your patients or residents? SEX If your service is for men and women, do you routinely monitor the uptake of your service by sex and take appropriate action? Do you need to target men by, for example, providing drop-in sessions at sporting events or workplaces? Do you need to adopt different approaches to target women from different backgrounds to make your service more appropriate for women from some BME and faith communities? SEXUAL ORIENTATION How do you give positive messages and a positive reception to people who are gay, lesbian or bisexual? Does information about your service use visual images that are inclusive or are the images mainly heterosexual couples? When carrying out assessments, do you make it easy for someone to talk about their sexuality if it is relevant, or do you assume that they are heterosexual? GENDER REASSIGNMENT Are gender specific services inclusive of transgender persons? How are records updated to reflect a change in gender? PREGNANCY & MATERNITY Are staff aware that women now have the right to breastfeed in public? Are appropriate baby changing facilities available? 4

5 MARRIAGE & CIVIL PARTNERSHIP The law does not require service providers to take account of the impact of what they do on married people or civil partners. However, if a service is provided to married people, protection from sexual orientation discrimination requires that the same service and standards must also be provided to people who are civil partners. HUMAN RIGHTS How will you use a human rights based approach to support the planning and delivery of policies and services? You might find the following prompts useful though you will also have actions that are particular to your service: Does your policy or service promote and support individuals self-respect? Have you considered how your policy or service may impacts on vulnerable groups who are particularly at risk of having their human rights abused, e.g. asylum seekers, older people, people with mental health difficulties, people with learning disabilities? Have you built in the necessary systems and processes to protect human rights, e.g. consent forms for patients, appropriate storage of personal records? Have your staff members received training in their responsibilities under the Human Rights Act? What actions will you undertake to ensure that your staff members are treating people with respect and dignity? How will you mainstream human rights into the core business of your service? CARERS Carers are not specifically protected under the Equality Act but they are a vulnerable group with specific needs Are carers recognised and identified as a carer and is their own health and well-being taken into account? What arrangements need to be considered to ensure extra help is given to those carers who require it? Do staff/carers have access to up-to-date information about services and support available that may help them in their caring role? 4. KEY CONSIDERATION There are certain key questions that the Equality Analysis process should be used to answer. Cuts and Service Re-designs Any reduction or change in provision is likely to impact unequally on vulnerable communities and key equalities groups. Any decision must be made in full knowledge of the likely consequences. Have the impacts on vulnerable communities and key equalities groups been fully identified? Have the proposals identified mitigation strategies especially for changes that impact specifically upon vulnerable communities and key equalities groups? New / redesigned service Is your proposed activity accessible to all? How do people find out about your activity (think about communication and language)? How are you recording and monitoring uptake and outcomes by protected characteristic where applicable? Who should undertake the Analysis? 5

6 Assessing the impact on equality is most effective when it is integrated into day-to-day policy making, business planning and other decision making arrangements. It is a core part of policy making and so should be undertaken by those involved in the policy development. When an Equality Analysis should be carried out When developing new policies, strategies, services and functions. When reviewing existing policies, strategies, services and functions. Definitions of Policy, Strategy, Service and Function 1) Policy: An official or prescribed plan, intended to guide decisions and actions. 2) Strategy: A long-term plan of action designed to achieve particular goals or objectives. 3) Function: The actions and activities assigned to, or required/expected of a person, group or organisation. 4) Service: A division of a corporate department that provides a specified service such as: - Corporate Services, including Human Resources and Organisational Development - Children s Learning Disability Services and Nursing Directorate - Adults, Older People and Specialist Services Directorate When an Equality Analysis IS NOT REQUIRED TO BE CARRIED OUT Memo s s Codes of Practice Handbooks - examples: Staff Handbook. Protocols / Procedures - documents which specify a sequence of action which the user must comply with. Standards - documents setting out the level of performance which must be achieved. Guidelines - documents which specify a sequence of actions with which the user may wish to comply but allows for the use professional judgement when the use of the guidelines would be inappropriate. Information Leaflet - documents provided for information to patients, staff or visitors. Forms - a schedule to be completed by users and includes standard letters, care plans, request forms, amendment to contract forms 5. STEP BY STEP GUIDE TO UNDERTAKING EIA The individual or group responsible for work being undertaken should use the following steps: Step 1 - Timing of your Analysis and decide who will contribute to the EIA Your assessment should start early in the policy development process or at the early stages of a review. If you leave it until the end of the development process you will be unlikely to be able to demonstrate that you have had due regard to the aims of the general equality duty when decisions were made. This would leave you open to legal challenge. Your policy may still contain adverse impacts on particular groups of people and an opportunity to advance equality may be missed. Identify the people who will lead and be responsible for undertaking the EIA and other people or partner organisations who will contribute to the assessment. Try to get a balance of skills and experience as well as mix of staff at different levels. For some (smaller) assessments, it may be easier to have a virtual team with one or two people taking responsibility for the review but drawing on the knowledge and expertise of others as and when necessary. 6

7 Step 2 - Identify your policy or service aims Only by being clear about the aims of your policy or the focus of your service can you meaningfully assess whether it will have a positive or negative impact on certain groups, and whether this impact will be high medium or low. Step 3 - Evidence - Gather data and research that is already available An Equality Analysis should draw on evidence from a range of sources and it is not always necessary to collect new data to inform your analysis. Sources of data include: Existing Information from engagement, consultation, patient surveys etc. Equalities monitoring data in relation to access and take up of a service by equality group. This may include service activity, workforce profiles, information from formal audits, consultation exercises (with the public and staff), surveys, information of the local population, census data and JSNA National research / data Step 4 - Assess the likely impact on equality Assessment of the likely impact on equality is found by examining the function or policy, taking into account information gathered, supported by involvement and / or consultation. If the results of the analysis lead to a finding of potential adverse impact and / or unlawful discrimination, the policy or service will need to be revised and any barriers or failings tackled. In some cases, it may be appropriate to consider alternative ways to achieve the policy or service objectives. Before making a decision, it is important to make sure that reducing the adverse impact on one particular group does not create an adverse impact on another group. If this is unavoidable it will be necessary to satisfy that this can be justified on non-discriminatory grounds. Step 5 - Involve and consult relevant stakeholders EIAs must be informed by consultation. This could include engaging with staff and members, staff associations or trade unions, other public bodies or voluntary and community groups. If relevant and recent consultation data exists which can be analysed by the different equality groups you can use that. If you do not, then you will need to undertake consultation as part of the assessment process. There may be consultation processes or forums already in place, which should be used; however such mechanisms should be representative of the local community. Step 6 - Produce an action plan The outcomes of the analysis are more important than the process. Use the Action Plan to outline what you are going to do as a result of the analysis. These may include actions that need to be carried out before the EIA can be completed or longer-term actions that will be carried out as part of policy development or service delivery If there are gaps in evidence, state what you will do to fill them. Also include any general actions to be taken to address specific equality issues and data gaps that need to be addressed through consultation or further research. Actions should be prioritised. Step 7 - Set up monitoring and review arrangements EIA should not be considered as one-off exercise. The actual impact will only be realised when it has been put into practice and a review date should be planned as practicable to see how the function or policy is working in practice. Checking for and reporting any potential for adverse impact in the future is a crucial element of the EIA process. Step 8 - Sign off the Equality Impact Assessment and agree the policy/service The EIA s should be discussed within the team and signed off by the relevant service manager. Completed EIA should be sent to the Trust Equality and Diversity Officer for a final check 7

8 Where a report to the Trust Board or Senior Management Group is recommending the adoption of a new or revised policy or service, the EIA should be attached as an appendix to the policy or the consultation. Step 9 - Publish the results Publishing results of EIAs show commitment to promoting equality and will also demonstrate that the organisation is carrying out the specific duties of assessing, involvement, consulting and monitoring. Once completed, a copy of the EIA report should be forwarded to the Trust Diversity & Equality Officer for publication on the Trust s website. Copies of the completed forms should be sent to Sue Rampal - Equality and Diversity Officer, Block 14, Ida Darwin, Cambridge CB21 5EE, Mob: , 6. Documentation Attached at Appendix 1 - Equality Impact Assessment Form. Please note: Training on undertaking Equality Impact Assessment can be made available for individuals or teams on request. If there is something that is not clear regarding the EIA process or you need help to complete the EIA form please contact: Sue Rampal - Equality and Diversity Officer, Block 14, Ida Darwin, Cambridge CB21 5EE, Mob: , 8

9 Appendix 1 Equality Impact Assessment Form Equality Impact Assessment Form November 2014 Introduction The general equality duty that is set out in the Equality Act 2010 requires public authorities, in the exercise of their functions, to 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. The general equality duty does not specify how public authorities should analyse the effect of their existing and new policies and practices on equality, but doing so is an important part of complying with the general equality duty. It is up to each organisation to choose the most effective approach for them. This standard template is designed to help CPFT staff members to comply with the general duty. Training on undertaking Equality Impact Assessment can be made available for individuals or teams on request. If there is something that is not clear regarding the EIA process or you need help to complete the EIA form please contact: Sue Rampal - Equality and Diversity Officer, Block 14, Ida Darwin, Cambridge CB21 5EE, Mob: , 9

10 Equality Analysis Name of Proposal - policy, strategy, function, service being assessed: Is this a new or existing policy, practice or change to a service? Directorate, Department / Service: Details of the person completing this impact assessment form. Name, Job Title, Telephone / Extension: Those involved in the assessment: Date assessment completed and signed off: What are the intended outcomes of this work)? (Include outline of objectives and function aims) Who will be affected? (e.g. staff, patients, service users etc.) What are the desired outcomes? What factors could detract from the desired outcomes? What factors could contribute to the desired outcomes? What does this policy, function, process link to in terms of wider Business plans and objectives? 10

11 Evidence considered When looking at the impact on the equality groups, you must consider the following points in accordance with General Duty of the Equality Act 2010: In summary, those subject to the Equality Duty must have due regard to the need to: eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity between different groups; and foster good relations between different groups Consider how your assessment has been able to demonstrate Positive Impact, Negative / Adverse Impact or Neutral Impact? What evidence have you considered? List the main sources of data, research and other sources of evidence This can include national research, surveys, reports, research interviews, focus groups, pilot activity evaluations etc. If there are gaps in evidence, state what you will do to close them in the Action Plan on the last page of this template. Disability Consider and detail on attitudinal, physical and social barriers. Sex Consider and detail on men and women (potential to link to carers below). Race Consider and detail on difference ethnic groups, nationalities, Roma gypsies, Irish travellers, language barriers. Age Consider and detail across age ranges on old and younger people. This can include safeguarding, consent and child welfare. Gender reassignment (including transgender) Consider and detail on transgender and transsexual people. This can include issues such as privacy of data and harassment. Sexual orientation Consider and detail on heterosexual people as well as lesbian, gay and bi-sexual people. Religion or belief Consider and detail on people with different religions, beliefs or no belief. Pregnancy and maternity Consider and detail on working arrangements, part-time working, infant caring responsibilities. Carers Consider and detail on part-time working, shift-patterns, general caring responsibilities. Other identified groups Consider and detail and include the source of any evidence on different socioeconomic groups, area inequality, income, resident status (migrants) and other groups experiencing disadvantage and barriers to access. 11

12 Engagement and involvement Have you consulted on the proposal? If so with whom? If not why not? How have you engaged stakeholders in gathering evidence or testing the evidence available? How have you engaged stakeholders in testing the policy or programme proposals? For each engagement activity, please state who was involved, how and when they were engaged, and the key outputs: Action planning for improvement: Outline key actions based on any gaps, challenges and opportunities you have identified. Please complete the Action Plan template below to action, address specific equality issues, data gaps that need to be addressed through consultation or further research. Completed form should be sent to: Sue Rampal - Equality and Diversity Officer, Block 14, Ida Darwin, Cambridge CB21 5EE, Mob:

13 Action Plan template This part of the template is to help you develop your action plan. You might want to change the categories in the first column to reflect the actions needed for your policy. Category Actions required to address the issue/s Target date Person responsible and their division Involvement and consultation Data collection and evidencing Analysis of evidence and assessment Monitoring, evaluating and reviewing Publishing the Results of the Assessments. (It is a legal requirement to publish the results of the impact assessment, consultation and monitoring so please state below how you aim to publish the result of the assessment and when this will be available) EQUALITY ANALYSIS Guidance November

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