Children s Commissioner for Wales Annual Equality Report

Transcription

1 Children s Commissioner for Wales Annual Equality Report

2 1. The purpose of this document The purpose of this document is to report against how the Children s Commissioner for Wales (the Commissioner) is complying with the requirement to have due regard to the general duties of the Equality Act In particular: Eliminating unlawful discrimination; Advancing equality of opportunity; and Fostering good relations. The report also demonstrates how the Commissioner has progressed against the equality objectives as outlined in the Commissioner s Strategic Equalities Plan (hyperlink). 2. The Office of the Children s Commissioner for Wales A Children s Commissioner is someone who speaks up for children and young people and their rights; and helps strengthen and improve the systems there to protect them and enables them to fulfil their potential. Establishing such an independent human rights institution for children is necessary as: Sometimes children s rights are ignored, or forgotten about; Children lack economic and political power; sometimes children don t get what they need; and Sometimes children are at risk. The Commissioner s Team There is a team of people who work for the Children s Commissioner in Swansea and in Colwyn Bay to help him: Support children and young people to find out about children s rights; Listen to children and young people to find out what s important to them; Advise children, young people and those who care for them if they feel they ve nowhere else to go with their problems; Influence government and other organisations who say they re going to make a difference to children s lives, making sure they keep their promises to children and young people; and Speak up for children and young people nationally on important issues. The Commissioner works for every child and young person up to the age of 18 who live in Wales, or who normally live in Wales. He also has the power to act on behalf of older young people under certain circumstances. Under the legislation that established the Commissioner for Wales there is a duty to: 2

3 Have regard to the United Nations Convention on the Rights of the Child (UNCRC) in everything he and his team do; Make sure that children and young people know where his offices are and how to contact him and his team; Encourage children and young people to contact him and his team; Ask children and young people what they think about his work and future work, and allow them to influence the work programme; and Make sure that he and his team go and meet children and young people. The work is not confined to what are usually considered to be children s issues, like health, education and social services. Planning, transport, the environment, economic development and rural affairs also fall within the scope of the Commissioner s role. The Commissioner can: Review the effects of policies, proposed policies and the delivery of services for children; Examine in more depth the case of a particular child or children if it involves an issue that has a general application to the lives of children in Wales; Require information from agencies or persons acting on their behalf, and require witnesses to give evidence on oath; and Provide advice and assistance to children and young people, and others concerned about their rights and welfare. The Commissioner also has the power to consider and make representations to the National Assembly for Wales about any matter affecting the rights and welfare of children in Wales. The Commissioner s Key Functions The Commissioner has a range of core responsibilities as a public sector organisation which support the aims of the Commissioner; and are tailored according to its size and nature. These functions are described in more detail on the Commissioner s website (hyperlink). 3. The Commissioner s Strategic Equality Plan Listed public bodies in Wales, including the Commissioner, are subject to specific duties placed upon them by Welsh Government in relation to the Act. The specific duties outline the steps public bodies are required to do in order to demonstrate their compliance with the General Duty. Overview of Objectives The Commissioner s equalities priorities are general in nature and at this stage do not identify specific objectives in relation to protected characteristics. This decision was taken in order to enable the office to address in the short to medium term: 3

4 Effective data collection ; and Effective mainstreaming of equalities work via governance structures and planning processes. Compliance reports for the Strategic Equality Plan as well as the Welsh Language Scheme have now become standing items for review at each Management Team meeting. As our equality work develops we will refine and amend the objectives accordingly. The Commissioner s Scheme and Objectives are in place for 4 years. These can be found at Equality Plan.pdf. The scheme sets out four key objectives, these are: Table 1: The Commissioner s Strategic Equalities Objectives Objective 1: Corporate leadership and governance leading from the top - As an established national human rights institution, the Children s Commissioner for Wales will ensure that corporate leadership and processes will ensure that equality objectives are included in all corporate planning processes. Objective 2: Delivering an effective service - The Children s Commissioner for Wales will continue to improve the way in which his office delivers services ensuring that the needs of the public are central in the way in which services are configured and implemented. Objective 3: External Relations How we communicate and with whom - To further develop our external relations policy and participation work to ensure diversity and equality is integral to all external communications. Objective 4: Employment, pay and training in CCfW - The Children s Commissioner for Wales will ensure that as an employer he creates supportive, inclusive and empowering workplace through the promotion of exemplary people and performance management practices using equality related evidence. Review and Development of the Scheme The Scheme and its Objectives were developed during This will be reviewed in Engagement During the period the Commissioner s office has collected information from a number of sources, for example, information gathered from the work undertaken by the Commissioner s Investigation and Advice team, information gathered from the Commissioner s school visits work, or obtained from attending other events and activities. During the planning process, relating to specific projects, it has been identified that the office needs to increase its level of information identification and gathering. The office will ensure that this is undertaken in Assessing Impact 4

5 The Commissioner s office has developed a full package of guidance and support materials for its equality impact assessment tool; and has made this tool available on the staff intranet. As part of this process a series of training sessions for all staff has been held. The training has helped to increase staff s understanding of the changes to Equality legislation; and to help staff understand the use of equality impact assessment tools. During a number of Equality Impact Assessments (EIA) were undertaken, however, a review of the schedule of expected EIAs, has identified slippage in the delivery of EIAs. The office has engaged some external support for quality assurance process and peer review of its equalities work. Progress against the Objectives During work has continued to complete EIAs and collect information relating to equality, however, as noted above, work continues to be undertaken to ensure that the Commissioner meets the objectives set out in his Equality Scheme. The Commissioner has established an Equalities Working Group to lead on this area of work. The group reports monthly to the Commissioner s Management Team. Where the Strategic Equality Action Plan is discussed and any remedial action agreed. Included at Appendix A is a summary of the compliance issues identified at the end of March Employment Information The Commissioner collects employment data as part of normal human resource work. The Workforce Profile figures for and are provided at Appendix B. Further development of workforce profile data including equality strands will take place in Gender As at 31st March 2013 the Commissioner employed women in 70% of posts; and men occupied 30%. This exceeds the gender split in the general population in Wales. Pay Differentials The Commissioner is a public appointment made by the First Minister, the appointment is made for a fixed term of seven years. The terms and conditions of the Commissioner s team mirror those of Welsh Government. During the Commissioner employed 25.2 (full time equivalent) employees. The pay system in the Commissioner s office is underpinned by the Job Evaluation and Grading System (JEGS). This system allocates a banding to individual posts based on seven different work factors: Autonomy; 5

6 Problem solving; Decision making; Impact; Management of resources; Contacts and communication; and Knowledge and skills. This system ensures that differences in pay relate to specific job requirements. The Commissioner conducted a job evaluation exercise in 2009, which ensured job descriptions were consistently described and independently assessed. This exercise also resolved any inequity present in additional responsibility allowances. However, analysis of our current work force by gender, pay band, contract and working pattern reveals some gender pay differences which will not be addressed by a fair job evaluation system: Table 2: Key pay differentials Of the 19 fe staff employed on 31 st March 2013, five (26% of the fe workforce) are employed in the two lowest pay bands compared to nil of men. Of the 19 fe staff employed on 31 st March 2013, one (5% of the fe workforce) is employed in the three highest pay bands compared to three (37% of the workforce). Of the 19 fe staff employed on 31 st March 2013, nine (47%) are employed in part time roles compared to one (12%) of the staff employed. The average salary for a fe worker on 31 st March 2013 was 22,945 compared to the average salary for a worker of 45,049. Training The Commissioner provides an annual in-house learning and development programme for staff. The staff survey conducted in 2012 evidenced that all staff had taken part in some learning and development during the period. In addition, during , twelve staff had successfully applied for an external training course. All were approved. Analysis of training information has highlighted: Table 3: Analysis of training information Of the twelve employees who applied for an external training course, seven were fe (58%) and five (42%) were. (Appendix B table 2.10). 62% of the total workforce applied for external training courses; compared to 38% of the total fe workforce. Analysis by pay bands shows that those applying for external training courses were in Management Band 2 and above. Ethnicity and Religion or Belief Although not all of information is available for the diversity of our workforce due to some non-disclosures. Of those who responded, 81% disclose their ethnicity as 6

7 being of white origin; 40.5%, of those who responded, disclose their belief as being Christian; and 40.5% as having no belief. Sexual orientation Although not all of information is available for the sexual orientation of our workforce due to non-disclosures. Of those who responded, 81% report themselves to be heterosexual in nature (Appendix B table 2.7). Disability Although not all of information is available in terms of the number of people with a long term illness, disability or health problem due to non-disclosures. Only 7% of those who responded, consider themselves to have a disability or long term illness (Appendix B table 2.9). Improving Diversity of the Commissioner s Workforce There are several protected characteristics in equality terms not currently represented in our work force. The Commissioner has identified a number of steps in order to improve the diversity of our workforce: Table 4: Steps to be taken to improve Diversity Future recruitment campaigns should ensure that advertising in a wider variety of appropriate forums is undertaken. For example, advertising to reach audiences in the LGBT community, other ethnic communities and disabled people. Review of the Commissioner s recruitment pack with diversity in mind so that we are more effectively promoting the wider benefits of our office. More emphasis should be placed on enabling a wider number of staff to access external training courses or mentoring support. Analysis of the issues that prevent or discourage people from applying for external training courses. Procurement The majority of services provided by the Commissioner are relating to the internal business needs of the office. Rather than services provided directly to the general public. However, where contractors are used they are made aware of the Commissioner s and their responsibility relating to equality 4. Addressing the General Duty The Equality Act 2010 brings together and replaces the previous anti-discrimination laws within a single Act. The Act introduced a new equality duty (the general duty) on public sector organisations. The aim of the General Duty is to ensure that public bodies and those who carry out their function consider how they can positively contribute to a fairer society through advancing equality and good relations in their day to day activities. 7

8 Public bodies also require to have a due regard to the need to: Eliminate unlawful discrimination, harassment and victimisation and other conduct that is prohibited under the Act; Advance equality of opportunity between people who share relevant characteristics and those who do not; and Foster good relations between people who share relevant characteristics and those who don t. The Act sets out a number of protected characteristics that the General Duty covers, these are: Age; Disability; Gender reassignment; Pregnancy and maternity; Sex; Sexual orientation; Race including ethnic or national origin, colour or nationality; and Religion or belief including lack of belief. The Act also requires that all public bodies produce an annual report by 31st March each year. This part of the report sets out the response to the specific duties, as outlined in the Equality Act 2010 (Statutory Duties) (Wales) Regulation Eliminating Unlawful Discrimination, Harassment and Victimisation and Advancing Equality of Opportunity The majority of the Commissioner s business involves working with others to affect changes in policies and practices. The Commissioner s specific age remit should also be considered as the focus of the office is bound to be pre dominantly aimed at children and young people. The Commissioner s Advice and Support service is there for children and young people, and the people who care for them, to have someone to turn to when they run out of all other options when dealing with a problem they re experiencing. It s also a service which provides information and advice to professionals working with young people. This is a free service, providing independent and impartial advice based upon the UNCRC where the aim is always to seek resolution to a problem at an early stage. The Officers, take calls, tweets, text messages, s and letters from children and young people. This year, advice was sought on 535 separate occasions from the service. Contact was received: 8

9 326 times over the phones; 147 times via ; 14 times in person; 40 times by letter; and 8 times text message. Contact was made by: 248 parents; 52 child or young person; and 57 Other includes elected members, foster carers, voluntary organisations and teachers. Examples of cases: Social services - A young person s case was referred to the office by an independent fostering agency. Despite having an agreement for the young person to remain in her placement beyond her 18th birthday. The Local Authority changed its decision. The office was able to advise the young person and help with her representation. The Local Authority eventually agreed to abide by it s original decision and the young person was able to remain in her placement. Education A parent contacted the office concerning difficulties her son was having resulting from being bullied. Following liaison with the school s educational welfare team, provision of home tutoring was agreed. Health A mother contacted the office were she raised concerns over the health provision being given to her son. Following the office s intervention the child received his necessary treatment. Operation Pallial and the Macur Review in November 2012 the Commissioner s office became involved in a significant piece of work relating to the historical abuse of children in North Wales care homes; and the Waterhouse Report. My team have assisted callers and provided advice and support where necessary. The office s involvement continues in this period and will also continue in The Commissioner s policy function has submitted consultations responses to Welsh Government on their legislative programme which raised issues of equality that directly impact on children and young people. These include: Social Services (Wales) Bill; Together for Mental Health Strategy; Tackling Poverty Action Plan; and Refreshing the Carers Strategy for Wales. 9

10 In addition to the work undertaken through the Commissioner s advice and support service, work was also focused on direct engagement with specific groups to help advance equality of opportunities. Examples of this work are: Local Aid Schools Challenge; Care Leavers event ; and Eisteddfod yr Urdd. Fostering Good Relations As part of the overall aim of the Commissioner is to speak up for children and young people nationally on important issues. As part of this process the Commissioner s Communication Function has played a key role in help develop and enhance the rights and welfare of children and young people. For example: Increased media coverage compared to the prior year was up by 112 percent; 1,114 pieces of media coverage was secured; and The Commissioner s twitter account reported 1,000 new followers. During development work continued on his Positive Images campaign, designed to foster a better understanding of children and young people in the media. The Commissioner s Ambassadors scheme also grew. The scheme is designed to help communicate children s rights as listed in the UNCRC. The office has also strengthened its links with other organisations fostering children s rights and welfare, for example, Funky Dragon (the Youth Parliament of Wales). Annual Reporting The annual report has been developed by the working group consisting of members of the Commissioner s Management Team. The annual report, once approved by the Management Team, is made available on the Commissioner s internet. However, hard copies are available directly from the Commissioner s office by writing to the following address: Oystermouth House, Charter Court, Phoenix Way Llansamlet Swansea SA7 9FS Or by sending an to: post@childcomwales.org.uk 10

11 5. Future Actions The Commissioner s work programme, until March 2015, has identified a number of key objectives which raise issues of equality or promote equality for children and young people. These include: Raise awareness of the UN Convention on the Rights of the Child (UNCRC) and the Children s Commissioner for Wales, making sure 60% of children and young people know about the UNCRC. And we want the number even higher with the groups of children and young people we are going to be working closely with so, 80% of looked-after children and young people, children and young people with disabilities, gypsy traveller children and those in the youth justice system know about the UNCRC and Children s Commissioner for Wales. Raise awareness of the UNCRC and Children s Commissioner for Wales with adults and make sure that 70% of professionals working with children and young people know about the UNCRC. Invite all primary schools in Wales to become Children s Commissioner for Wales Ambassadors Schools, with at least 50% of schools taking part. Welcome 150 groups of children and young people to our offices. The Children s Commissioners staff will visit at least one group of children and young people a week with the Commissioner visiting at least two groups a week. We will listen to the views and experiences of children and young people and make sure we act on what they say. Have champions to promote children s rights and the Children s Commissioner across Wales. Increase awareness of the advice and support service and the national advocacy helpline and increase the calls to our service from children and young people by 25%. Co-ordinated and produced a report on the state of children s rights in Wales in the UK for the UN Committee on the Rights of the Child and report positive changes for children s rights in Wales. Best practice for working with children and young people is understood by 50% of professionals working with children and evidenced by inspectorates and inspection frameworks. 11

12 Appendix A Progress Against Objectives Objective 1: Corporate Leadership and governance During this reporting period work has been progressing internally to ensure that equality objectives are included in all elements of the planning processes: The Commissioner s approach to risk management was reviewed and a revised mechanism for reporting risk issues was developed. Training on risk management was delivered to all staff in September Following the review of the risk management system an appropriate risk was drafted for compliance with the Equalities and Welsh Language legislation. This risk is owned by the Chief Executive Officer and continues to be monitored on a monthly basis by the Management Team. The Commissioner s Annual Work Plan for featured, for the first time, reflections of the equalities considerations of each work objective. The assessment of the impact of our work on the equalities agenda was undertaken by the Management Team and was supported by an external consultant. This practice continued to be applied to the development of the Annual Work Plan and will be later reflected in the documented Corporate Planning process. The Annual Report for (published in July 2013) featured a policy call for the Framework for Action on Independent Living. The framework is intended to set out for the first time a strategic approach to disability in Wales and to set out what the Welsh Government is doing to promote an inclusive and enabling society in line with equality objectives. The Commissioner was calling on Welsh Government to amend the Framework for Action on Independent Living before publication of a final draft so that it includes actions directed at giving greater effect to the UNCRC for disabled children and young people in Wales. The Commissioner has established an Equalities Working Group to lead on this area of work internally. Compliance reports for the Strategic Equality Plan as well as the Welsh Language scheme have become standing items for review at each Management Team meeting and any remedial action agreed. A two year schedule of Equality Impact Assessments was developed for and training and practice in undertaking equality impact assessments for staff continued during However, a review of the schedule has identified slippage in the delivery of EIA s mainly due to capacity issues and remedial action will be necessary to rectify this situation. The further development of our data management systems (in order to improve the capture of equality relevant data) has been delayed due to capacity issues but priority has been given to the Investigations and Advice service case management system in the annual work plan. 12

13 Objective 2 and 3: Delivering an effective service and how we communicate externally During this reporting period work has been progressing internally to ensure that the needs of the public are central to the way in which services are configured and implemented and to ensure diversity and equality is integral to all external communications: Two learning and development days (July and September 2012) have been delivered to further improve the skill set of staff in participation and facilitating group work. This was to enable more staff to effectively participate in meaningful engagement sessions with our service users. A working group has been established to review the approach of the organisation to service users and to develop a set of written standards and principles to ensure consistency in the way in which we work with others. This work was completed and shared by March The aim of this work is to ensure that we employ practices that ensure we are sensitive to the needs of those with whom we engage. An objective to review and improve the practical arrangements in place for visitors to the office premises was agreed for the annual work plan. The development of a new and exciting website for our School Ambassador scheme was proposed early in The Super Ambassadors website will raise awareness of the rights of children and young people but also introduces an improved facility for gathering views from children and young people on our work programme via the Special Missions application. - 13

14 Appendix B Children s Commissioner for Wales Workforce Profile and Equal Pay Profile The Children s Commissioner for Wales has introduced annual monitoring of workforce equality data early in In advance of this initiative some equality data was available from standard personnel records but was not routinely sought. 1. Financial year April 2011 to March 2012 Table 1.1 HEADCOUNT ON 31 ST MARCH 2012 BY GENDER AND COMPARISON AGAINST CENSUS POPULATION DATA 2011: WALES (3,060,000) GENDER CCFW WALES % DIFFERENCE AGAINST No. % No. % POPULATION Male ,500, Fe ,560, Table 1.2 HEADCOUNT BY GENDER, PAY-BAND, CONTRACT TYPE AND WORKING PATTERN ON 31 ST MARCH 2012: Job Team Band Officer 17-20k pa Officer band k pa Officer band k pa Officer band k pa Exec. Officer band k pa Exec Officer band fe fe fe fe k pa Commissioner 1 1 Total Totals 14

15 Table 1.3 HEADCOUNT OF LEAVERS BY GENDER, PAY BAND, CONTRACT TYPE AND WORKING PATTERN BETWEEN APRIL 11 AND MARCH 12: PAY - BAND Team Band Officer 17-20k pa Officer band k pa Officer band k pa fe fe fe fe Officer band k pa Exec. Officer band k pa Exec Officer band k pa Commissioner Total Totals Table 1.4 HEADCOUNT BY AGE ON 31 ST MARCH & Over Table 1.5 PREGNANCY AND MATERNITY Number of pregnant employees during 2011/12 0 Number of employees taking Maternity Leave during 2011/

16 2. Financial year April 2012 to March 2013 Table 2.1 GENDER HEADCOUNT ON 31 ST MARCH 2013 BY GENDER AND COMPARISON AGAINST CENSUS POPULATION DATA 2011 WALES (3,060,000) CCFW WALES % DIFFERENCE AGAINST No. % No. % POPULATION Male ,500, Fe ,560, Table 2.2 HEADCOUNT BY GENDER, PAY BAND, CONTRACT TYPE AND WORKING PATTERN ON 31 ST MARCH 2013: PAY - BAND Team Band Officer 17-20k pa Officer band k pa Officer band k pa Officer band k pa Exec. Officer band k pa Exec Officer band fe fe fe fe k pa Commissioner 1 1 Total Totals Table 2.3 HEADCOUNT OF LEAVERS BY GENDER, PAY BAND, CONTRACT TYPE AND WORKING PATTERN BETWEEN APRIL 12 AND MARCH 13: PAY - BAND Team Band Officer 17-20k pa Officer band k pa Officer band k pa Officer band k pa Exec. Officer band k pa fe fe fe fe Totals 16

17 Exec Officer band k pa Commissioner Total Table 2.4 HEADCOUNT BY AGE AND PAY BAND ON 31 ST MARCH 2013 Pay Band & Over Team Band Officer 17-20k pa 2 1 Officer band k pa Officer band k pa Officer band k pa Exec. Officer 2 band k pa Exec Officer 1 band k pa Commissioner 1 Totals Table 2.5 PREGNANCY AND MATERNITY Number of pregnant employees during 2012/13 3 Number of employees taking Maternity Leave during 2012/13 2 Table 2.6 HEADCOUNT BY ETHNICITY COMPARISON AGAINST CENSUS POPULATION DATA 2011 WALES (3,063,456) ETHNICITY CCFW WALES % DIFFERENCE AGAINST No. % No. % POPULATION White ,928, Asian/Asian British , n/a 17

18 Black African Caribbean Black British Mixed / Multiple Ethnic Groups Other Ethnic Groups Non- Disclosure , n/a , n/a , n/a Table 2.7 HEADCOUNT BY SEXUAL ORIENTATION Bisexual Gay/lesbian Heterosexual Prefer another Non- disclosure description Table 2.8 HEADCOUNT BY RELIGION OR BELIEF None Buddhism Christianity Hinduism Islam Sikhism Other Non disclosure Table 2.9 HEADCOUNT BY LONG TERM ILLNESS, HEALTH PROBLEM OR DISABILITY Yes No Non disclosure Table 2.10 HEADCOUNT OF EMPLOYEES WHO SUCCESSFULLY APPLIED FOR EXTERNAL TRAINING BY GENDER, PAY BAND, CONTRACT TYPE AND WORKING PATTERN BETWEEN APRIL 12 AND MARCH 13: PAY - BAND Team Band Officer 17-20k pa Officer band k pa Officer band k pa Officer band k pa Exec. Officer band k pa Exec Officer band fe fe fe fe Totals 18

19 k pa Commissioner Total