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For General Release

REPORT TO: Cabinet 21 March 2011

AGENDA ITEM: 13

SUBJECT: Equality Act 2010 – public sector equality duty

LEAD OFFICER: Pam Parkes, Director HR&OD

CABINET MEMBER: Cllr. Vidhi Mohan, Cabinet Member for Communities

WARDS: All

CORPORATE PRIORITY/POLICY CONTEXT: The Equality Act 2010 covers all functions of the council including all of its powers and duties, as well as decisions about policies and procedures, budgetary decisions, public appointments, allocating resources, regulation, service provision and employment of staff.

FINANCIAL IMPACT Corporate costs associated with implementing the Act will need to be found from existing budgets and absorbed by departments as appropriate.

FORWARD PLAN KEY DECISION REFERENCE NO.: 1013

This is a Key Decision as defined in the Council’s Constitution. The decision may be implemented from 1300 hours on the 5th working day after it is made, unless the decision is referred to the Scrutiny & Overview Committee by the requisite number of Councillors. The Leader of the Council has agreed that Cabinet have delegated power to make the decisions set out in the recommendations below. 1. RECOMMENDATIONS 1.1 Members are asked to consider the changes set out in the Equality Act 2010

as they relate to the Council and agree: 1.1.1 The revised equality statement set out in appendix two; 1.1.2 The action plan set out in appendix three to support the implementation of the

new public sector equality duty under section 149 of the Act; 1.1.3 The revised programme of equality impact assessments set out in appendix

four; 1.1.4 Cabinet receive an annual report outlining the progress made with

implementing the general and specific duties of the new Act;

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1.1.5 Agree that for the purposes detailed in the report the Chief Executive, in consultation with the Cabinet Member for Communities, be given delegated authority to make minor amendments to the equality policy statement, implementation plan and equality assessment programme.

2. EXECUTIVE SUMMARY 2.1 The purpose of this report is to set out the details of the Equality Act 2010 (the

Act), the public sector equality duty (the general duty) as it applies to the Council and the compliance timetable for implementing the new general and specific duties. The report is accompanied by a comprehensive set of appendices which include a supporting implementation plan, a revised overarching equality statement for the Council as well as a new programme of equality impact assessments.

2.2 The Act represents the most significant change in anti-discrimination legislation

in the past 40 years and the culmination of years of debate about how to improve British equality law. It offers individuals stronger protection against discrimination, gives employers and businesses greater clarity about their responsibilities and a new expectation that public services must treat everyone with dignity and respect.

2.3 The Act came into force from October 2010 and a new public sector equality

duty comes into force from 6 April 2011 bringing together approximately 116 separate pieces of legislation including the duties found in the Race Relations Act and Disability Discrimination Act.

2.4 The public duties within the Act must be implemented to the timescales set out

within the guidance published by the Equalities and Human Rights Commission in January 2011. The compliance timetable is as follows:

• 6 April 2011 - general and specific duties come into force; • 31 July 2011 - listed bodies (except schools) to publish equality

information; and then annually, • 31 December 2011 - schools to publish equality information; and then

annually, • 6 April 2012 - listed bodies (including schools) to publish equality

objectives, and then every four years.

3. EQUALITY ACT AND THE PUBLIC SECTOR EQUALITY DUTY 3.1 GENERAL AND SPECIFIC DUTIES 3.2 Appendix one provides a summary of Section 149 of the Act which places a

general duty on public authorities, who must, in the exercise of their functions, have due regard to the need to:

• Eliminate unlawful discrimination, harassment and victimisation and other

conduct prohibited by the Act;

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• 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.

3.3 All functions of the council are in scope, as well as all of its powers and duties,

including decisions about policies and procedures, budgetary decisions, public appointments, allocating resources, regulation, service provision and employment of staff. Other examples include: audit/inspection, statutory discretion, external communication, commissioning services, conferring a qualification, procuring goods, partnerships, funding external bodies, and management of premises. The duty continues to apply to the public authority when functions have been contracted out or when a function is being considered for contracting out. It also applies to the allocation (or withdrawal) of funding or grants to the voluntary sector.

3.4 SPECIFIC DUTIES 3.5 In addition to the general duty the council is also subject to specific duties

under the Act. In summary the council must:

• Publish and use equality information by 31 July 2011; and annually after that;

• Publish information about the engagement undertaken with people with an interest in equality performance;

• Publish evidence of the analysis undertaken to analyse the effect of policies or practices, and details of the information considered in doing that analysis;

• Prepare and publish equality objectives by 6 April 2012, and at least every four years after that.

4 PROTECTED CHARACTERISTICS 4.1 Previous equality legislation primarily covered three characteristics: race;

disability; and gender. The Act widens this protection to include age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The general duty also requires public bodies to eliminate discrimination in relation to marriage and civil partnerships.

5 ASSESSING RELEVANCE TO THE DUTY 5.1 To ensure that the council has due regard to the aims of the general duty, it will

need to consider all of its functions in order to determine which of them are relevant to its aims.

5.2 Prior to the new public sector equality duty coming into the force the Council

has undertaken an initial review of its policy and functions to establish the main areas requiring further analysis which is set out in appendix four to this report. This will be incorporated into a rolling programme of equality analysis which is compliant with the requirements of the Act.

5.3 The equality impact assessment process currently being used in Croydon

includes an initial stage, which assesses the relevance of a policy or function to

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the previous equality duties. This process will be revised to ensure it meets the requirements for assessing relevance under the new public sector duty. Any decisions made by the council after April 2011 will need to be assessed for relevance and where appropriate impact assessed to the requirements of the Act.

5.4 Because functions change over time, this initial analysis should recorded and

kept for when a changed function will need to be reviewed. Publishing this work will help the public understand what the organisation does and which of its functions are relevant to equalities.

6 PUBLISHING INFORMATION 6.1 Publishing and using equality information is a requirement under the specific

duties. It will help to demonstrate compliance, concentrate efforts on the most important equality issues and enable monitoring of progress. The council is required to publish sufficient information to demonstrate its compliance with the general equality duty. This must be done by 31 July 2011 (and by 31 December 2011 for schools), and at least annually after that. The information to be published must include: • information on the effect that the council’s policies and practices have had

on employees, service users and others from the protected groups; • evidence of the analysis undertaken to establish whether the policies

and practices will (or have) furthered the three equality aims in the general equality duty;

• details of the information used in that analysis, and; • details of engagement with people with an interest in the aims of the duty.

In relation to employment information the council is expected to publish: • the race, disability, gender, age breakdown and distribution of your

workforce; • an indication of likely representation on sexual orientation and religion or

belief, provided that no individuals can be identified as a result; • an indication of any issues for transsexual staff, based on engagement with

transsexual staff or voluntary groups; • gender pay gap information.

Additional information for larger organisations would include: • success rates of job applicants • take-up of training opportunities • applications for promotion and success rates • applications for flexible working and success rates • return-to-work rates after maternity leave • grievance and dismissal • other reasons for termination like redundancy and retirement • length of service/time on pay grade, and • pay gap information for other protected groups.

Information relating to service delivery should include:

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• performance information relating to functions relevant to furthering the aims of the duty, especially around outcomes (for example attainment and recovery rates);

• access to services; • satisfaction with services, and • complaints (broken down by protected group, with an indication of reasons

for complaints). Equality information should be published in a way that is consistent with the Public Data Principles set out by the Public Sector Transparency Board.

By gathering and using equality information, the council will be better able to: • understand the effect on equality of current and proposed policies, practices

and decisions; • identify what the key priority equality issues are for the organisation; • set the most appropriate equality objectives and measure progress against

them; • demonstrate compliance with the duty, and; • demonstrate to the public how the organisation is performing and what it is

achieving.

Where the council has gaps or no information, including about potential service users and the barriers they face, engagement with protected groups can help to fill these gaps, and give an idea of how accurate information is. In addition on 31 July alongside the publication of data and information an action plan will be published setting out what will be done to address any data gaps.

7 ENGAGEMENT 7.1 Engagement is a broad term which covers a range of different activities, from

formal public consultations to direct engagement with people from protected groups in designing and delivering services.

7.2 Under the specific duties the council must publish information about the

engagement it has undertaken with people with an interest in equality performance, ensuring they are involved in the determination of objectives. The specific duties do not set out how or when engagement should be undertaken, but it should be published by July 2011 as part of the publishing of information, and then on an ongoing basis.

7.3 Engagement can inform the council of the areas where it is successful in

promoting equality and where action is most needed. It is particularly useful where there are information gaps.

7.4 Engagement will help the council to perform the following tasks, all of which will

in turn help the council to meet the general equality duty: • Identifying particular needs, patterns of disadvantage and poor relations

between groups; • Understanding the reasons for disadvantage, low participation rates and

poor relations; • Designing initiatives to meet these needs and overcome these barriers;

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• Identifying opportunities to promote equality and foster good relations; • Helping to fill gaps in equality information; • Determining priorities; • Identifying the relevance of functions to equality; • Analysing the equality impact of particular programmes, policies or

proposals; • Monitoring and evaluating initiatives, policies and programmes; • Checking the quality, relevance and comprehensiveness of information. In March 2011 the council will publish revised guidance and templates for collecting equality information which will be inline with the requirements set out in the new Act.

8 EQUALITY ANALYSIS 8.1 Under the new equality duty the council is required to analyse the effect of its

policies and practices and how they further the equality aims, and to publish the results of that analysis and the information used. The analysis will involve looking at the available equality information and the outcome of engagement in order to understand the effect or potential effect of decisions on different protected groups. It will help the council to identify practical steps to tackle any negative effects or discrimination, and to advance equality.

8.2 The council must publish evidence of the analysis undertaken to analyse the

effect of its policies or practices, and details of the information considered in doing that analysis. This must embrace the full range of the council’s policies, practices, activities and decisions, whether it is formally written down or whether it is informal custom and practice. This includes existing policies and any new policies under development.

8.3 Case law has established that public bodies should analyse the potential effect

on equality when it starts to develop or review a policy and continue throughout, informing policy design and final decision-making. The Council cannot satisfy the duty by justifying a decision after it has been taken and must be completed in such a way that it influences the final decision.

8.4 Under the previous legislation the council was required to conduct equality

impact assessments on its policies and functions. The change in terminology from ‘impact assessment’ to ‘analysis of the effects’ is intended to focus more attention on the quality of the analysis and how it is used in decision-making, and less on the production of a document.

8.5 The duty does not set out a particular process for equality analysis that all

public authorities are expected to follow, but the council needs to be able to show that it has had due regard to the aims set out in the general equality duty. Case law has established that the council should keep an accurate, dated, written record of the steps have taken to analyse the impact on equality. The Equality and Human Right’s Commission recommends drawing on the experience of conducting equality impact assessments to meet the equality analysis obligations. To this end the council’s existing process and templates for conducting equality impact assessments which are already integrated into

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the core business and decision making processes will be revised to ensure that the process meets the needs of the new Act. The key stages for equality analysis are: 1. Identifying who is responsible for the equality analysis; 2. Establishing relevance to equality; 3. Scoping your equality analysis; 4. Analysing your equality information; 5. Monitoring and review; 6. Decision-making and publication.

There are four main steps that can be taken as a result of equality analysis: 1. No major change 2. Adjust the policy 3. Continue the policy 4. Stop and remove the policy

Guidance and case law recommends that information on the equality analysis is published alongside the policy or decision that it is part of.

9 EQUALITY OBJECTIVES 9.1 The council (including schools) must prepare and publish equality objectives by

6 April 2012, and at least every four years after that. They must be specific and measurable, and they should set out how progress towards the objectives will be measured.

9.2 The council must publish details of the engagement undertaken in developing

the equality objectives, and then every four years. It will need to have considered the equality information it has published, and undertaken engagement, before preparing and publishing these objectives. Of which must be published in a reasonably accessible format, either as an individual document or as part of another report.

9.3 The council’s equality objectives should be challenging but achievable. When

choosing priorities, all three aims of the duty should be considered across all of the council’s functions - looking at issues of harassment, discrimination, advancing equality and good relations across of all the council’s policy, service delivery and employment functions, including any functions contracted out.

9.4 Objectives should be developed on the basis of evidence of the key issues

facing the protected groups, including through engagement with them about the objectives. The review of functions, engagement and equality analysis can also help decide on the areas where most effort is needed or have the most impact on equality.

9.5 The purpose of the general duty is to bring about positive change. It is therefore

important to focus on achieving real equality and good relations outcomes when developing equality objectives.

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9.6 Objectives and the progress made towards them is an important piece of evidence to demonstrate the council’s compliance with the general duty and to help the public assess our equality performance.

9.7 Senior management and Members must be involved in the choice of equality

objectives and should receive regular updates about the progress made towards them. This information will form part of the governance and leadership of the organisation.

10 COMMISSIONING AND PROCUREMENT 10.1 The council must have due regard to equality considerations in order to meet

the obligations under the duty when procuring and commissioning goods and services. In order to comply with procurement law, when doing this the council must consider the extent to which equality considerations are relevant and proportionate to the subject matter of the contract.

10.2 The council is legally responsible for complying with the general equality duty in

its timing and undertaking of procurement. Where functions are contracted out, the external contractor may themselves be subject to the general equality duty in carrying out a public function. Where the duty does not directly apply to the contractor, the council may need to include obligations relating to equality in the contract relating to the service, in order to comply with its obligations under the duty. The requirement to comply with the general equality duty applies to all procurement regardless of the value; the value of the contract may, however, impact upon the relevance and proportionality of equality considerations.

10.3 It is essential to build equality considerations into the appropriate stages of

commissioning and procurement processes, where relevant and proportionate. This is also the case for contracts let under private finance initiatives. Staff involved in commissioning will need to have a good understanding of the equality duty.

10.4 The general duty obligation to analyse the effect of policies and practices will

include analysis of procurement and commissioning policies, if relevant to the aims of the duty. The first step the council is therefore advised to take, to help meet the duty, is to embed equality considerations into corporate strategies or policies on commissioning and procurement.

10.5 Before designing and commissioning of a service, it is helpful to understand the

needs of the service users, including any needs due to having a particular characteristic. This is important for effective commissioning, as well as for meeting the general equality duty. This will often involve engaging with existing or potential service users and using equality information.

10.6 The specific duty on information requires the council to publish information

about its compliance with the duty across all of their functions, including contracted-out functions. Where a function is contracted out, it may need to specify in the tender documentation what information the council will need the contractor to collect and report on, in order to meet that obligation. As a minimum, include contract conditions which:

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• Prohibit the contractor from unlawfully discriminating under the Equality Act; • Require contractors to take all reasonable steps to ensure that staff,

suppliers and subcontractors meet their obligations under the Equality Act. The council will need to review the contractor’s performance on any equality conditions in the contract and report in compliance with the specific duties of the Act.

11 BUSINESS PLANNING AND REPORTING 11.1 It is good practice to integrate the general equality duty into all business-

planning processes which will help the council meet its obligations and includes drawing up budgets and developing and approving plans. Having clear equality objectives within business plans or annual work plans, measuring the progress made, and reporting against them in an annual report can improve staff ownership and increase transparency and accountability to the public.

11.2 Clear leadership from senior management and Members is crucial to ensuring

that the council meets the duty. This involves taking responsibility for compliance with the duty, taking account of equality analysis when making decisions, taking the duty into account in strategic planning, building it into partnership working, informing and reminding staff about the duty, and designating clear staff roles for implementation. It can involve allocating resources for advancing equality, including equality targets in staff appraisals, requiring updates on action taken and outcomes from the duty, and promoting the benefits of the duty in public communication. It is good practice to give operational responsibility for coordinating work on the equality duty to staff at a senior level.

12 REGULATORY FRAMEWORK 12.1 The Government Equalities Office (GEO) is responsible for the legislative

framework for equality in Great Britain. This is contained mainly in the Equality Act 2010.

12.2 Equality and Human Rights Commission is the regulator of equality legislation,

including the equality duty. The Commission has responsibility for monitoring and enforcing the equality duty. The main purpose of this work is to promote compliance, improve standards, and collate and promote best practice.

12.3 The equality data published by public bodies will enable the public and external

stakeholders to hold public bodies to account on their performance on equality. This involves citizens (including people from the protected groups) being able to scrutinise equality data and challenge decisions that they are unhappy with, including through judicial review.

12.4 Inspectorates are subject to the general equality duty so they must have due

regard to the aims of the duty in their inspection functions. Where their inspection functions are relevant to the aims of the duty, this would include ensuring that their assessment of public sector performance included

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consideration of performance on equality. They can help public authorities to identify equality issues through individual inspection reports and through national studies. This may help public authorities to benchmark their progress made, and they will be a source of information for the Commission.

12.5 The Council will need to take steps to ensure that discrimination is not

occurring. It is liable for unlawful acts committed by their employees unless they have taken reasonable steps to prevent such acts. The council is likely to be able to comply with the public sector duties under the Act and prevent their employees from discriminating against service users or customers if they take the following steps:

• establish a policy to ensure equality of access to and enjoyment of their services by potential service users or customers from all groups in society;

• communicate the policy to all staff, ensuring that they know that it is unlawful to discriminate when they are providing services;

• train all staff, including those not providing a direct service to the public, to understand the policy, the meaning of equality in this context and their legal obligations;

• monitor the implementation and effectiveness of the policy;

• address acts of discrimination by staff as part of disciplinary rules and procedures;

• ensure that performance management systems address equality and non-discrimination;

• maintain an easy to use, well-publicised complaints procedure;

• review practices to ensure that they do not unjustifiably disadvantage particular groups, and;

• consult customers, staff and organisations representing groups who share protected characteristics about the quality and equality of their services and how they could be made more inclusive.

In relation to the duty to make reasonable adjustments for disabled people, the following actions will help the Council meet its obligations under the Act:

• Review regularly whether services are accessible to disabled people;

• Carry out and act on the results of an access audit carried out by a suitably qualified person;

• Provide regular training to staff which is relevant to the adjustments to be made;

• Review regularly the effectiveness of reasonable adjustments and act on the findings of those reviews.

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13 TRAINING REQUIREMENTS 13.1 Case law has established that individuals who are responsible for the exercise

its functions (for example, its staff and leadership) are aware of the duty’s requirements. Compliance involves ‘a conscious approach and state of mind’.1 This means that decision-makers must be fully aware of the implications of the duty when making decisions about their policies and practices, and that staff, decision-makers and contractors understand the duty, including their own obligations.

13.2 Effective training should be appropriate to the responsibilities of staff, tailored to

the council’s approach to equality analysis and built into the mainstream training provided to staff and councillors, board members or governors.

13.3 The council is in the process of developing a learning and development

programme to support the implementation of the new Equality Act 2010 public sector equality duty

14. CONSULTATION 14.1 Engagement is an essential part of meeting the new public sector equality duty.

Engagement with protected groups (both staff and service users), and those who represent them, is a core requirement for assessing relevance to equality, for analysing functions and policies, producing accurate equality information and setting equality objectives, all of which must be published by the council.

14.2 It is essential that the engagement processes used by the council include the

collection and analysis of information relating to protected characteristics, and those involved in engagement are trained in how to collect and use information in the development of services and in the setting of objectives and priorities.

14.3 The council will undertake a programme of consultation on the development of

its equality objectives by April 2012. 15 FINANCIAL AND RISK ASSESSMENT CONSIDERATIONS 15.1 The Equality Act 2010 Public Sector Duty covers all functions of the council

including budget setting and financial decision-making. In the current financial climate the council needs to be able demonstrate it understands the impact of the Equality Act and has adopted a rigorous approach to implementation especially given the possibility of legal challenge by employees, communities and regulatory bodies.

15.2 Compliance deadlines are set out in the body of the report and included in the

Council’s Corporate Risk Register. 15.3 Corporate costs associated with implementing the Act will need to be found

from existing budgets and absorbed by departments as appropriate.

1 [1] R (Brown) v Secretary of State for Work & Pensions [2008] EWHC 3158 (Admin).

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(Approved by: Katharine Eberhart, Chief Executive’s Office, Resources & Customer Services) 16. COMMENTS OF THE COUNCIL SOLICITOR AND MONITORING OFFICER 16.1 The Council Solicitor comments that there are no additional legal

considerations beyond those detailed in the body of the report. A failure to comply with the Act’s requirements or statutory guidance issued under it may lead both to action by aggrieved individuals or enforcement action by the Equalities and Human Rights Commission by means of a formal inquiry or investigation. Failure to comply with an unlawful act notice issued as a consequence of these may ultimately be a criminal offence.

(Approved by: Gabriel MacGregor, Head of Legal Services (Corporate) on

behalf of the Council Solicitor & Monitoring Officer)

17. HUMAN RESOURCES IMPACT 17.1 The Equality Act requires organisations to:

• Remove or minimise disadvantages suffered by people due to their protected characteristics;

• Take steps to meet the needs of people from protected groups where these are different from the needs of other people;

• Encourage people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

These requirements apply to the employment practices and employees of the council as well as to the communities they serve. In addition, the council is required to publish: • the race, disability, gender, age breakdown and distribution of the

workforce; • indication of likely representation on sexual orientation and religion or belief,

provided that no individuals can be identified as a result; • an indication of any issues for transsexual staff, based on engagement with

transsexual staff or voluntary groups; • gender pay gap information.

Equality information will need to be published by the 31st July 2011, and on an annual basis.

17.2 In addition the Act requires training to be provided, as detailed in section 13

above. 17.3 (Approved by: Pam Parkes the Director of Human Resources & Organisational

Development) 18. EQUALITIES IMPACT 18.1 The Equality Act 2010 and the accompanying equality impact assessment sets

out the rationale for changing the legislation and the potential impact on public

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authorities and the wider community. The full equality impact assessment can be found by following the web link provided at the end of this report.

18.2 The Council has a statutory duty to comply with the provisions set out in the

Equality Act 2010. Case law has established that public bodies should analyse the potential effect on equality when starting to develop or review a policy, informing policy design and final decision making.

18.3 A review of the council’s current guidance and templates for conducting

equality impact assessment has been undertaken to ensure they fulfil the requirements to assess relevance to the duty and conduct equality analysis.

18.4 The following process will be used in the new guidance as recommended by

the Commission: 1. Identifying who is responsible for the equality analysis 2. Establishing relevance to equality 3. Scoping your equality analysis 4. Analysing your equality information 5. Monitoring and review 6. Decision-making and publication

18.5 A programme of equality impact assessments will be developed as part of the

implementation plan2. This programme will include all areas of the council: decisions about policies and procedures, budgetary decisions, public appointments, allocating resources, regulation, service provision and employment of staff, audit/inspection, statutory discretion, external communication, commissioning services, conferring a qualification, procuring goods, partnerships, funding external bodies, and management of premises.

18.6 Advice and guidance on the revised process will be available from the

departmental equality lead officers and the corporate equality team. Training will be available to all staff conducting equality impact assessments and mandatory training will be provided for all managers and decision makers, including Cabinet Members.

19 HUMAN RIGHTS

19.1 Public authorities have a duty under the Human Rights Act 1998 (HRA) not to

act incompatibly with rights under the European Convention for the Protection of Fundamental Rights and Freedoms (the Convention). The public functions covered by the equality Code of Practice are of a public nature as defined in the Human Rights Act 1998 (HRA).

19.2 Further, A.14 of the Convention also requires the Convention Rights to be

delivered without discrimination. Therefore, because of the close relationship between human rights and equality, it is good practice for those exercising public functions to consider equality and human rights together when drawing up relevant policies.

2 See Appendix Three

20 ENVIRONMENTAL 20.1 There are no environmental impacts resulting from this report. 21. CRIME AND DISORDER REDUCTION IMPACT

21.1 The Council has a statutory duty to exercise all its functions with regard to the

likely effects and the need to do all it can to reduce crime and disorder in its area. The Equality Act 2010 Public Sector Equality Duty applies to all functions including regulations set out the Crime and Disorder Act.

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CONTACT OFFICER: Sharon Godman, Head of Equalities and Cohesion, chief executive’s office. APPENDICES Appendix One – Section 149 of the Equality Act 2010 Public sector equality duty Appendix Two – Croydon Council’s revised Equality Policy Statement 2011 Appendix Three – Equality Act implementation plan Appendix Four – Equality Impact Assessment Programme 2011 – 2014 BACKGROUND DOCUMENTS Government Equality Act Impact Assessment April 2010 http://www.equalities.gov.uk/pdf/Equality%20Act%20Impact.pdf

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APPENDIX ONE

EQUALITY ACT 2010: SECTION 149 THE PUBLIC SECTOR EQUALITY DUTY (1) – A public authority must, in the exercise of its functions, have due regard to the need to –

(a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

(2) – A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1). (3) – Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to –

(a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; (b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it; (c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

(4) – The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons’ disabilities. (5) – Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to –

(a) tackle prejudice, and (b) promote understanding.

(6) – Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act. (7) – The relevant protected characteristics are – age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation. (8) – A reference to conduct that is prohibited by or under this Act includes a reference to –

(a) a breach of an equality clause or rule; (b) a breach of a non-discrimination rule. (9) Schedule 18 (exceptions) has effect.

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APPENDIX TWO DRAFT CROYDON COUNCIL’S EQUALITY POLICY The Council has an important role in creating a fair society through the services we provide,

the people we employ and the money we spend. Equality is integral to everything the council

does. We are committed to making Croydon a place of opportunity where everyone can

belong, addressing the needs and aspirations of all those who live and work in the borough.

OUR COMMITMENT TO EQUALITY The Council is committed to advancing equality of opportunity between people; fostering

relations between different communities; eliminating discrimination, harassment and

victimisation.

The Council will take steps to promote understanding, tackle prejudice, remove or minimise

disadvantages, meet needs, and encourage participation in public life.

The Council does not tolerate harassment, victimisation or unlawful discrimination in service

delivery and employment on the grounds of age, disability, gender reassignment,

race/ethnicity, religion or belief, sex/gender, sexual orientation, marriage & civil partnership,

and pregnancy & maternity.

Everyone is expected to share the council’s commitment including people, organisations, and

companies we work in partnership with and those who provide goods and services on our

behalf.

The Council will monitor its activity to make sure this happens. It will publish evidence of the

analysis undertaken to determine the effect of its policies and practices. The Council will take

decisive action against those found to be in breach of this policy.

Everyone will be expected to • Know the local community and understand its needs;

• Provide strong leadership, partnership and organisational commitment;

• Engage with and improve satisfaction across all our communities;

• Provide efficient, responsive services and excellent customer care;

• Be exemplary employees reflecting a modern and diverse workforce.

APPENDIX THREE: EQUALITY ACT PUBLIC SECTOR EQUALITY DUTY IMPLIMENTATION PLAN 2011 – 2012 Action

Milestone Lead Completion date

Comment/ Risk

1.0 Conduct an initial assessment of all council policies and functions across all departments for relevance to the new public duties* *some functions will need to be added following restructure of the council

• Produce a template to support assessment

• Departments produce a list of all council functions and policies

• Departments conduct initial assessments using the template

• Formulate a three year programme of equality impact assessments

HR&OD/ All depts.

March 2011

Part of compliance framework

1.1 Publish an equality policy statement for the council

• Revise policy statement agreed by Cabinet

• Publish throughout the council, partners and contractors – intranet and other relevant communication channels

HR&OD March 2011 Part of compliance framework

1.2 Departments to produce a programme that identifies policies, procedures and strategies (including other relevant documentation) to be updated in relation to the new Act * *some items will form part of the equality impact assessment programme

• Departments identify key policies and procedures to be reviewed

• Produce a scheduled programme of policies and procedures to be updated with timescales

HR&OD/All depts.

April 2011 ongoing

Supporting the compliance framework

Action

Milestone Lead Completion Comment/ date Risk

1.3 Publish equality information • Identify data and information in relation to the general duties and protected characteristics

• Outline data and information gaps and produce an action plan setting out how these will be addressed

• Produce a report for CMT outlining what information will be published as well as what will not and reasons for doing so

HR&OD/All depts.

July 2011 and then annually

Part of compliance framework

1.4 Publish engagement information • Identify engagement activity related to protected characteristics

• Outline data and information gaps and produce an action plan setting out how these will be addressed

• Incorporate this into the CMT report mentioned previously

HR&OD/ RCS

July 2011 and then annually

Part of compliance framework

1.5 Publish schools/education information

• Subject to the publication of code of practice for schools – all other information about young people to be published by July 2011

CYPL December 2011 and then annually

Part of compliance framework

1.6 Publish employment information • Review information currently available, taking into account the requirements of the public duties

• Identify information gaps and seek ways to address them, working with staff groups/networks and unions

HR&OD July 2011, then on an annual basis

Part of compliance framework

99

Action

Milestone Lead Completion Comment/ date Risk

1.7 Publish all equality impact assessments

• Identify equality information currently available and publish, showing how it has been used in the analysis

• Incorporate findings into the CMT report* mentioned previously including the information used, consultation undertaken and how outcomes have effected policy development

• Publish all equality impact assessments on intranet

*all published equality information to be incorporated into an annual report

HR&OD July 2011, and then annually

Part of compliance framework

1.8 Publish equality objectives • Conduct analysis of information • Identify priorities related to the

general duty • Consult with staff and community

on development of objectives • Develop strategy and action plan

to support the implementation • Ensure action plan is integrated

into corporate business/ service planning framework

• Publish equality objectives

HR&OD/All depts.

April 2012 and then every four years inclusive of education objectives

Part of compliance framework

1.9 Review relevant governance and partnership structures and practice

• Implement relevant changes as necessary and agreed by DMT .CMT as appropriate

HR&OD/All Depts.

July 2011

100

Action

Milestone Lead Completion Comment/ date Risk

2.0 Review the equality impact assessment process, guidance and template

• Revise existing process • Revised process signed off by

Corporate Equality Board • Intranet updated with new

guidance and templates • Training revised and rolled out

across the council

HR&OD July 2011

Part of compliance framework

2.1 Review existing procurement and commissioning strategies including tender stages, final contracts and contract monitoring and management

• Review processes and documentation

• Publish updated information on the intranet

• Amend procurement and commissioning training

RCS April 2012 Part of compliance framework

2.2 Produce a standardised equality monitoring form for use across the council for the collection of data relating to protected characteristics

• Draft monitoring form and guidance on use produced and signed-off

• Monitoring form and guidance published on intranet

• Departments integrated form into existing and new data collection processes

• Training provided on the collection and use of equality data

HR&OD April 2011 Support compliance framework

2.3 Review the current information collected and analysed on employment to ensure it meets the requirements of the equality act, and publish.

• Review information currently available, taking into account the requirements of the public duties

• Identify information gaps and seek ways to address them, working with

HR&OD April 2011, then on an annual basis

Part of compliance framework

101

Action

Milestone Lead Completion Comment/ date Risk

staff groups/networks and unions • Publish employment information no

later than July 2011, on an annual basis

2.4 Review complaints processes to integrate the collection and analysis of information relating to protected characteristics

• Review processes and forms used for complaints to integrate the collection and analysis of information relating to protected characteristics

• Include within the policy the requirement to publish the information

• Review and revise complaints handing training and roll out across the council

RCS/All depts.

April 2011 then on an annual basis

Part of compliance framework

2.5 Review community engagement processes to integrate the collection and analysis of information relating to protected characteristics

• Review processes use for community engagement across the council to integrate the collection and analysis of information relating to protected characteristics

• Include within policy requirement to publish the information

• Publicise new processes across the council

• Integrate into community engagement training

RCS/All Depts.

April 2011 and then annually

Part of compliance framework

2.6 Integrate the general equality duty and specific duties into business

• Incorporate key aspects into budget setting, service planning, workforce

HR&OD/RCS

July 2011 and then

Part of compliance

102

Action

Milestone Lead Completion Comment/ date Risk

planning planning, change management, training, commissioning, procurement, engagement, performance and complaints

annually

framework

2.7 Provide comprehensive training on the requirements of the equality duty to staff across the council, including staff, decision makers and contractors.

Training to include staff, decision-makers and contractors focussed on complaints handling procurement and commissioning community engagement equality data collection and analysis information about general and specific duties, including new terminology.

HR&OD April 2011 and then annually

Part of compliance framework

2.8 Review equality impact assessment training and roll out across the council

Update templates and provide training to include

• Staff • Senior managers • Decision makers/councillors • Commissioners

HR&OD March 2011, then on an ongoing basis

103

APPENDIX FOUR: EQUALITY IMPACT ASSESSMENT PROGRAMME 2011 – 2014 2011-12 Equality Impact Analysis Programme Lead Cabinet Member Chief Executives’ Office Whistle-blowing Cllr Dudley Mead Corporate plan Cllr Mike Fisher Community strategy Cllr Mike Fisher Agency spend Cllr Sara Bashford Management structures Cllr Sara Bashford Employers promise Cllr Sara Bashford Mobile and flexible working Cllr Sara Bashford Code of conduct Cllr Sara Bashford TUPE & staff transfer protocol Cllr Sara Bashford Reorganisation and redundancy Cllr Sara Bashford Probationary procedure Cllr Sara Bashford Health and safety Cllr Sara Bashford Community Services Waste strategy & recycling plan Cllr Phil Thomas Transforming green spaces Cllr Phil Thomas CCTV services and out of hours Cllr Steve O’Connell Parking services Cllr Phil Thomas Street based services review (incl.kennels) Cllr Phil Thomas Libraries Cllr Sara Bashford Children Young People & Learners Annual admission arrangements for community schools Cllr Tim Pollard Post 16 travel policy Cllr Tim Pollard Local safeguarding children board business plan Cllr Tim Pollard Early intervention strategy Cllr Tim Pollard

104

Equality Impact Analysis Programme Lead Cabinet Member Virtual school business plan Cllr Tim Pollard Family placements project Cllr Tim Pollard Youth service - Shaping Up Cllr Tim Pollard Family placements project Cllr Tim Pollard School improvement project Cllr Tim Pollard Special educational needs project Cllr Tim Pollard Croydon adult learning and skills provider services Cllr Tim Pollard Schools catering decommission Cllr Tim Pollard Adult Services & Housing Social services complaints Cllr Margaret Mead Housing allocation Cllr Dudley Mead Health improvement programme for Croydon Cllr Margaret Mead Healthy lives healthy weight strategy Cllr Margaret Mead Tobacco control strategy Cllr Margaret Mead Croydon carers strategy 2008-2011 Cllr Margaret Mead Safeguarding adults (adult protection) procedures Cllr Margaret Mead Asset management strategy for council homes Cllr Dudley Mead Strategic tenancy policy and scheme Cllr Dudley Mead Planning Regeneration & Conservation Mid Croydon masterplan Cllr Simon Hoar Coulsdon/Cane Hill masterplan Cllr Simon Hoar Site allocation and development plan documents Cllr Jason Perry Capital programme delivery hub Cllr Simon Hoar Resources & Customer Services Complaints freedom of information red files Cllr Sara Bashford Complaints - persistent/vexatious Cllr Sara Bashford Customer satisfaction & engagement plan Cllr Sara Bashford Communication policy Cllr Tim Pollard Procurement strategy Cllr Dudley Mead Customer access and customer relationship management Cllr Sara Bashford Transforming our space Cllr Sara Bashford

105

Equality Impact Analysis Programme Lead Cabinet Member Business support Cllr Sara Bashford Information management Cllr Sara Bashford Revenues and benefits: shared service or outsourced model Cllr Sara Bashford 2012-13 Equality Impact Analysis Programme Lead Cabinet Member Community Services Cultural strategy Cllr Sara Bashford Air quality action plan 2007-2010 Cllr Phil Thomas Children Young People & Learners Croydon local authority music plan Cllr Tim Pollard Play strategy Cllr Tim Pollard Adult Services & Housing Energy and environmental strategy 2008-2012 Cllr Margaret Mead Retender of repairs contract Cllr Dudley Mead Pilot moving on project Cllr Margaret Mead Housing strategy 2006-2010 Cllr Dudley Mead Homelessness strategy 2008-2013 Cllr Dudley Mead Strategy for people with learning disabilities Cllr Margaret Mead Planning Regeneration & Conservation Economic development strategy Cllr Simon Hoar Resources & Customer Services Risk management policy statement and strategy Cllr Dudley Mead 2013-14 Equality Impact Analysis Programme Lead Cabinet Member

106

Chief Executives’ Office Disciplinary Cllr Sara Bashford Capability Cllr Sara Bashford Employee complaints Cllr Sara Bashford Sickness management Cllr Sara Bashford Workforce strategy Cllr Sara Bashford Equality strategy Cllr Vidhi Mohan Employment based cost review Cllr Sara Bashford Community Services Highways maintenance Cllr Phil Thomas Arts & heritage Cllr Sara Bashford Regulatory services enforcement policy Cllr Steve O’Connell Street scene enforcement policy Cllr Phil Thomas Licensing policy Cllr Steve O’Connell Licensing statement Cllr Steve O’Connell Gambling Act 2005 policy Cllr Steve O’Connell Gambling statement Cllr Steve O’Connell Community safety strategy Cllr Steve O’Connell Safeguarding children protocol Cllr Steve O’Connell Street trading policy Cllr Steve O’Connell Children Young People & Learners Children and young people's plan Cllr Tim Pollard Adult Services & Housing Sheltered housing and careline Cllr Dudley Mead Staffing - homes and special sheltered for older people Cllr Dudley Mead Learning disabilities - respite homes Cllr Dudley Mead Local authority trading company - equipment services, learning disabilities, employment services

Cllr Margaret Mead

Croydon landlord services Cllr Dudley Mead Older people's strategy Cllr Margaret Mead Joint strategic needs assessment Cllr Margaret Mead Physical disabilities and sensory impairment strategy Cllr Margaret Mead

107

108

Information & advice action plan Cllr Margaret Mead Planning Regeneration & Conservation Transport - local implementation plan 2 Cllr Jason Perry Planning enforcement policy Cllr Jason Perry Environment & climate change strategy Cllr Jason Perry Core strategy (CS3) East Croydon masterplan Cllr Simon Hoar West Croydon masterplan Cllr Simon Hoar Asset strategy Cllr Jason Perry Resources & Customer Services ICT strategy 2009-2014 Cllr Dudley Mead Anti fraud & corruption policy Cllr Dudley Mead Money laundering policy Cllr Dudley Mead Council assurance framework Cllr Dudley Mead Data quality policy Cllr Dudley Mead London insurance consortium project Cllr Dudley Mead Home & mobile working strategy Cllr Dudley Mead Business continuity framework Cllr Dudley Mead Performance strategy Cllr Dudley Mead