Race Equality Scheme and Action Plan

Size: px
Start display at page:

Download "Race Equality Scheme and Action Plan"

Transcription

1 Race Equality Scheme and Action Plan Striving for Quality with Equality The Trusts vision, values and operation principles demonstrate our commitment to providing equitable, accessible and acceptable services for all. The Trust has adopted values where service users and carers are at the centre of everything and full regard is given to their diversity and requirements. The Trust is committed to delivering equality of opportunity for all our staff and service users and of providing a healthcare service that recognises, respects and responds to the diversity of the community that we serve. The Trust is equally committed to developing and supporting staff, and to creating a working environment where everyone is able to do their job to the best of their ability without having to face discrimination or harassment. Approved by Trust Board November 2005 Reviewed June 2009 C:\Users\mark\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\KR2T17CY\Race Equality

2 CONTENTS Foreword by Chief Executive and Chairman Introduction Race Relations Legislation and its Implications Sandwell Mental Health & Social Care NHS Foundation Trust Values and Priorities Sandwell Mental Health & Social Care NHS Foundation Trust Trust Approach Some of the Areas We Have Progressed So Far Our Governance Approach to Delivery of the Race Equality Scheme Trust Action Plan Complaints Consulting our staff, the Public and BME Groups in Implementing 12 our Action Plan 7.0 Maintaining Community Confidence Maintaining the Confidence of our Staff Conclusion Your Views Count 15 Page 2

3 Foreword We both welcome the Race Equality Scheme as a statement of our commitment to meet our statutory duties under the Race Relations Amendment Act This scheme sets out the strategic framework and the structures and processes through which the Sandwell Mental Health and Social Care NHS Foundation Trust (SMHFT) is currently working to meet this commitment. Publication of this scheme represents a very significant step forward. It is not, however, the end of a process; rather it is the start of a new phase. This is a living document it is not set in stone. It is part of an evolving process, and builds on existing work in the areas of diversity, equal opportunity, partnership, participation and good community relations. We recognise that we can only achieve this by working ever more closely with other health and social care providers, the voluntary sector and the public in developing a common understanding of those needs and how they are best realised. Our commitment therefore to striving for and ensuring equity, is reflected within the Race Equality Scheme and action plan set out within this document. We trust that the scheme will promote and support a better understanding of the approach we are taking to ensure race equality within SMHFT amongst those who access our services, our staff, our partners and the wider public... Mr B Piper Chairman Miss K Dowman Chief Executive If you would like this document in an alternative language or different format, please contact the Trust for further information. Contact details can be found on page 19. 3

4 1.0 Introduction Race Relations Legislation and its implications The General Duty to Promote Race Equality The Race Relations Act 1976 provides the legislative base for action taken to address the issue of racial discrimination within Britain. The 1976 Act was significantly strengthened as a result of the recommendations that came out of the Report of the Stephen Lawrence Inquiry. The Race Relations (Amendment) Act 2000 (RRAA) strengthens and extends the scope of the 1976 Act. It does not replace it. The RRAA, which came into effect on 2 nd April 2001, has two main provisions. The first is that it places a positive duty on public authorities to promote racial equality and eliminate unlawful discrimination. Secondly, it makes it unlawful for a public authority to discriminate on race grounds in carrying out of its functions. The general duty is set out in section 71 (1) of the 1976 Act, as amended, which states that a body subject to the general duty: shall, in carrying out its functions, have due regard to the need: - to eliminate unlawful racial discrimination; and - to promote equality of opportunity and good relations between persons of different racial groups. This scheme therefore sets out the structures and processes through which the Trust is working to meet its responsibilities. The Specific Duties to Promote Race Equality In addition to the general duty to promote Racial Equality, and how we intend to meet the general duty to tackle racial discrimination, promote equality of opportunity and promote good race relations, we must also have a comprehensive action plan with clear targets. In particular, the Race Equality Scheme should state: a) which of our functions and policies, or proposed policies, are relevant to the general duty to promote race equality; b) what our arrangements are for: Assessing and consulting on the likely impact of our policies on the promotion of race equality; Monitoring our policies for any adverse impact on the promotion of race equality; Publishing the results of such assessments, consultation and monitoring; Ensuring public access to the information and services we provide; Training staff in connection with the duties imposed by the new Act and the specific and general duties 4

5 c) Our arrangement for reviewing the assessment referred to in (a) every 3 years. Employment Duties The specific duty also requires us to carry out the following activities in relation to employment issues: a) Monitor the ethnicity of: Staff in post Applicants for jobs Promotion Training b) Monitor the ethnicity of and analyse the subsequent results from: Grievances Disciplinary action Performance appraisal (when this results in benefits and sanctions); Training Dismissals and other reasons for leaving c) Publish annually the results of the above ethnicity monitoring. Equality & Human Rights Commission Codes of Practice Under the RRAA the Equality & Human Rights Commission (EHRC) has the power to issue Codes of Practice. The SMHFT Race Equality Scheme and Action Plan follows the guidance set out in the Codes. 5

6 2.0 Sandwell Mental Health and Social Care NHS Foundation Trust Values and Priorities Sandwell Mental Health and Social Care NHS Foundation Trust is the major provider of mental health and hospital-based learning disabilities services to people of all ages in Sandwell. These services are provided at a number of sites in the borough. Services are also provided in the community and in people s homes. The Trust employs just over 1000 staff. The Trust is made up of two directorates: the Adult and Older Adult Directorate and the Specialist Services Directorate which includes Child and Adolescent Mental Health, Substance Misuse and Learning Disability services. The service emphasis is to enable people to live as independently as possible in their own homes or in appropriate settings in the community. This must be achieved in an efficient and equitable manner with the resources available. The Trust is dedicated to banishing stigma and enabling the recovery of people with mental health issues and learning disabilities. We will do this by working in partnership to proactively provide the right services in the right places at the right time. As a Trust we value diversity, learning from each other and openness. 2.1 Key priorities for SMHFT need to include: Meeting the obligations and requirements under the Race Relations 1976 Act, as amended Establishing arrangements for publishing, monitoring and reviewing functions in relation to the promotion of race equality to the Trust Board, all staff and the public Establishing arrangements for assessing and monitoring current/proposed policies and their impact on race equality Creating an Action plan for DRE (Delivering Race Equality) in line with national objectives. Establishing arrangements for training all staff both on general and specific duties in relation to the Race Relations 1976 Act, as amended Linking promotion of race equality to all senior managers objectives and review associated outcomes Ensuring objectives and targets relating to the statutory duties are incorporated into the Trust s Annual Business Plan Reviewing the Trust s Equality & Diversity Action Plan to incorporate actions built into the race equality scheme on a regular basis Ensuring that the Race Equality Scheme is incorporated into the Single equality Scheme Working towards mainstreaming race equality/diversity awareness across the whole Trust Celebrating achievements and providing a can do attitude. Our organisation will recognise its responsibility to ensure that the services we provide are accessible, culturally appropriate and equitably delivered. In keeping with this, we are committed to providing the very best of mental health care and treatment to all those individuals, families and carers who need our services according to the following principles: Non Discrimination: 6

7 We will ensure that everyone who requires specialist mental health services will have equal access to the care and treatment they need irrespective of race, culture, gender, disability, age, sexual orientation or religious beliefs. User Empowerment: We will help the users of the service to feel empowered, with particular attention being paid to the following areas: By giving readily understandable information about their illness, its treatment, and their rights as patients By the maximum possible involvement of users in the decision making process about care By the provision of choice, where this is possible By always respecting users as individuals with individual needs Staff Ownership of the Equalities Scheme: By ensuring that all staff: Are aware of the race equality scheme and the requirements it sets out Have the opportunity to contribute to its continued development Consultation and Involvement: By ensuring that the Trust regularly talks with, and actively listens to, those who use services and their representatives. This regular consultative dialogue will be a core influential factor in the task of improving the cultural sensitivity of existing and planned services. 7

8 3.0 Sandwell Mental Health and Social Care NHS Foundation Trust Approach 3.1 Trust Approach SMHFT actively promotes both racial equality and diversity in all its work towards developing services, which are equally accessible, recognising the diverse cultural make up of our community. We aim to provide a culturally sensitive to the people of Sandwell. This means ensuring that the views and priorities of all our staff, service users, carers and members are reflected throughout SMHFT policies. As part of its commitment to openness, the Trust communicates and consults widely when developing and evaluating policies to ensure that the views of all stakeholders are taken into account. 3.2 Some of the Areas we have Progressed So Far The Trust is involved in various projects and initiatives to help mainstream Equality and Diversity and to help gain a better insight into the nature of the challenge of building race equality and diversity into the Trust s business agenda. Below is a summary of some of the work already being undertaken to progress this challenging race equality agenda. This includes all of the work done in respect of the Trust s wider Equality & Diversity Action plan: The Trust has developed an Equality and Diversity Action Plan. This plays a key part in helping to meet an integral part of government policy in Our Health, Our Care, Our Say and the Darzi review. A mandatory training programme for all members of staff was initially introduced in An external consultancy agency has been appointed to help facilitate this programme. The training enables employees of the Trust to gain an understanding of Equality and Diversity issues that affect us in our workplace, provides an overview of the legal framework, its implications and the responsibilities of the Trust and its employees. It also helps staff to appreciate the range and diverse nature of the community within Sandwell and to explore the concept of categories of discrimination and how the effects of prejudice, stereotyping, labelling, are maintained through language and behaviour. Positively Diverse (Department of Health) Positively Diverse was an initiative developed within the NHS, which was launched in It was designed to provide a strategic, integrated management approach to addressing a number of related issues and problems. The Trust has continued with its commitment as an associate site for the project and has utilised its resources to establish the Vital Connection: the connection between the communities served, services provided and the people who deliver the service. To progress the work around this initiative we have set up a diversity steering group that will also link into the development and implementation of the Trust s race equality scheme. To date the Trust has undertaken diversity attitude surveys and developed associated action plans. The Trust s Carers Team has a BME subs group to look cultural sensitivity and some of the particular issues facing those with mental health problems from a BME background. 8

9 The Trust has participated in the annual Count Me In census which aims to highlight inequalities in access and outcomes that may affect in-patients from Black and minority ethnic communities, or their carers. The census provides provide information that supports positive action and change at local level The Trust continues to achieve annual compliance with Standards for Better Health the core standards of the NHS. Core standard C07e focuses particularly on equality and diversity issues and requires the Trust to highlight where it is challenging discrimination, promoting equality and respecting human rights. 3.3 Our Governance Approach to Delivery of the Race Equality Scheme SMHFT Trust Board has given a strong commitment to promoting race equality by allocating responsibility to the Executive Director of Strategic Planning, Business Planning & Partnership to lead on this and the wider diversity agenda, supported by the Executive Committee. SMHFT has a newly formed Equality and Diversity Strategic Group that is responsible for ensuring that the Race Equality Scheme and Equality and Diversity Action Plan are taken forward and progress monitored. This Group is accountable to the Trust Board via the Executive Committee and Trust Board, thus ensuring that race equality and diversity matters are mainstreamed throughout the organisation. As well as monitoring from national bodies, such as the Care Quality Commission, the Mental Health Act Commission and through National Indicators on Data quality, SMHFT also works in partnership with Sandwell PCT and other local commissioners through the Service Quality Review, and the Partnership board. These local groups are interested in issues of access to care and an equal quality of care for all. As a Foundation trust, the new governors would have a role in ensuring that the Trust is delivering Race Equality. SMHFT Directors and Service Managers are responsible for ensuring that relevant actions and targets set out within the Race Equality Scheme and Equality & Diversity Action Plans are incorporated into Directorate Action Plans and that these are realised. All Service Managers have an essential role in supporting departments in achieving departmental action plans relating to equalities development and are required to: Be proactive in developing a service led approach to race equality development Ensure that staff are adequately trained Establish appropriate consultation with minority group service users and ensure their representation in their Directorate s infrastructure Work within the framework of agreed standards 9

10 4.0 Trust Action Plan 4.1 Introduction The key central functions of the Trust are: To employ a workforce capable of delivering the services needed and which reflect the communities it serves To provide inpatient and community based services required by those communities To exercise the responsibilities placed on the Trust and its staff as legislated by the MHA The above mentioned functions reflect why the Trust was created and what it is expected to deliver. It is in these areas that staff, service users and the public meet us and expect to receive our assistance with appropriate respect. Our Race Equality Scheme Action Plan details our commitment to delivery of those functions. 4.2 SMHFT Race Equality Scheme and Action Plan The Trust s Race Equality Scheme (RES) Action Plan were reviewed in 2009 and are made up of 3 sections: 1 Workforce Provision & Resources for Service Development 2 Service Delivery: Community based services In-patient services Service Users and Carers 3 Strategy, Policy, Performance and Monitoring Arrangements The Scheme outlines the Governance arrangements to support its delivery, accountability, responsibility and partnership working arrangements to ensure the delivery of quality Mental Health Services to the population of Sandwell. The Action Plan gives details of timescales, measurable tasks and outcomes. It can be accessed on the Trust intranet and internet on the Equality and Diversity section. 10

11 5.0 Complaints The Trust is committed to meeting its statutory obligations to promote race equality. It is, however, inevitable that there will be those who think that these obligations have not been met properly or that more should be done under the scheme to promote race equality. It is considered very important, therefore, that suitable procedures are in place to consider such complaints or concerns. Individuals do not have the right to take legal action against a public authority which has not fulfilled its specific duties in respect of their RES. It is open to individuals, community organisations, trade unions and others to notify the Equality & Human Rights Commission (EHRC) if they are concerned that a public authority has failed to comply with its specific duties. However, the Trust hopes that if there were concerns about SMHFT compliance with specific duties, then in the first instance these concerns would be raised with SMHFT itself. The systems in place to support this are the existing complaints, grievance and disciplinary procedures. The EHRC has the power, however, to enforce the specific duties imposed on listed public authorities. Under terms of the new legislation, if it is satisfied that a public authority has failed to comply with any specific duties, the EHRC may serve a compliance notice. This will require the authority to comply with its specific duties and to inform the EHRC, within 28 days, of the measures it has taken. The EHRC can also require the authority to provide written information verifying compliance. If after three months the authority has not complied with the EHRC notice, then the EHRC can ask the courts to order the authority to comply. 5.1 Dealing with Complaints The Trust welcomes suggestions, complaints, compliments and general comments as an invaluable aid to monitoring and developing our services. We employ a complaints manager who ensures that all complaints are properly investigated and processed in keeping with national guidance and that full responses are made. Additionally, interpreters or translation support and advocacy will be considered for users with limited English or understanding of the service. All complaints from staff are treated seriously through internal grievance procedures as appropriate. Data is collected on complaints that include gender and racial issues. This data is analysed and findings reported to the Executive Committee via the Equality & Diversity Strategic Group. If you wish to make a complaint about the services provided by us please contact the Complaints Manager at: Trust Headquarters Delta House Greets Green Road West Bromwich West Midlands B70 9PL 11

12 6.0 Consulting our Staff, our members and BME Groups in Implementing our Action Plan Consultation on this scheme takes place through our Staffside Committee and the Equality & Diversity Strategic Group. To support the process of continual improvement in promoting race equality, staff are also encouraged to be involved in external networks and are supported to go on BME Leadership Programmes to help them in playing a positive and active role in developing further our duties under the Act. In short, our philosophy on consultation is one of proactive community and key stakeholder engagement. We appreciate the diversity of the black and minority ethnic communities within Sandwell and shall take appropriate and constructive steps to engage with as many black and minority ethnic groups and individual citizens as possible, particularly through our Foundation Trust membership and service user groups. Through demographic profiling, we have a clear picture of the make up of our local communities and this helps us shape our strategy, involvement and communications strategies. 7.0 Maintaining Community Confidence in our Approach In using the approach described above and being transparent in our complaints process, we hope to increase satisfaction and confidence in our organisational ability to deliver on this important agenda Maintaining the confidence of our Staff Black and minority ethnic staff need policies and support that promote and maintain in them the confidence to tackle discrimination and prejudice in the workplace. In addition the national strategies and guidance referred to in this document, we have a policy on Whistleblowing that supports raising concerns at work. Staff concerns around racial equality can also be raised through the annual staff survey and any appropriate action taken. 8.2 It is our policy to ensure that any member of staff who wishes to raise a concern at work is able to do so within a clearly described process. We are committed to ensuring that staff concerns will be taken seriously and investigated where necessary. The term Whistle blowing is used here to describe the action of a person or persons in bringing unethical or illegal acts or malpractice to the attention of the appropriate authorities, particularly in circumstances where existing procedures for monitoring or disclosure have not worked or disclosure is being suppressed. 8.3 The policy of SMHFT is: To encourage all staff to raise such matters as soon as possible To provide a separate and additional channel of communication for doing so To support and protect staff from victimisation or any other detriment where they have raised their serious concerns in good faith 12

13 To speedily and effectively to investigate and take appropriate action To promote a climate of openness and accountability and thereby to deter and detect wrongdoing in the workplace To ensure that staff are aware that they should exhaust this procedure before referring the matter to the media. 8.4 Staff also have protection under the Public Interest Disclosure Act 1988 from victimisation and dismissal for disclosing information or raising genuine concerns about malpractice. They are protected if they act in good faith and make the disclosure under this internal procedure or externally in the appropriate way. It is unlikely that disclosure to the media will be routinely covered by the Act. 8.5 SMHFT is concerned at all times to conduct its activities within the law. We will not tolerate fraudulent or corrupt conduct and will treat any such matter with the utmost seriousness. Appropriate action, including disciplinary action, will be taken to address any malpractice or attempts to suppress evidence of malpractice and protect those who raise concerns from harassment or victimisation. 8.6 Training on harassment, victimisation and bullying is provided for all staff and the relevant policies are available through line managers and the Human Resources Department. 8.7 Individual members of staff have a right and duty to raise any concerns that they may have about the provision of care or services or the management of the organisation. Likewise every manager has a duty to ensure that staff are able to express their concerns readily through all levels of management and to ensure that such concerns are dealt with thoroughly, fairly and consistently. 13

14 9.0 Conclusion Sandwell Mental Health and Social Care NHS Foundation Trust has already undertaken work in areas relating to race equality and diversity, therefore the requirement to publish our revised Race Equality Scheme is seen as an opportunity to build upon what is already happening. It is important to recognise that the Race Equality Scheme is intended to identify areas where work needs to be done and how the Trust is going to go about addressing the issues. If we are to succeed then all of us, at all levels, have to take the responsibility for making race equality a reality. This scheme demonstrates the arrangements that will enable us to do this. 14

15 10.0 Your Views Count If you wish to make any comments about this Race Equality Scheme then please contact: Mr John Campbell Director of Strategic Planning, Business Planning and Partnership Sandwell Mental Health and Social Care NHS Foundation Trust Delta House Greets Green Road West Bromwich B70 9PL Tel: If you need support in making such comments in an alternative language of different format then please contact: The Communications Team Sandwell Mental Health and Social Care NHS Foundation Trust Delta House Greets Green Road West Bromwich B70 9PL Tel: