Equality Analysis: a design tool for services, functions, strategies and policies

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1 Equality Analysis: a design tool for services, functions, strategies and policies 1

2 Inclusive Design Design is a crucial factor in developing effective policies, strategies and inclusive services. Every design opportunity has the potential to include or exclude customers. Inclusive design realises the benefits that understanding the user diversity brings to informing decisions. User diversity covers variations such as capabilities, needs and aspirations. Inclusive design can foster innovation and better design of services and functions. Design is a structured, creative process All products and services are, in effect, designed, even if not by a professional designer. - Department of Trade and Industry (2005) Whether we create, develop or improve, a service, a strategy, a policy, a function or a product, we are designing. Whether we are reviewing or starting from scratch, we are designing. Design is not an optional feature; it is fundamental to developing a policy, strategy, function or service. Successful design is based on knowledge and understanding of the customers needs, it is inclusive. Inclusive design is simple, functional and easy to use. Inclusive design means successful business; fewer customers are dissatisfied if a service suits their needs. Failure to understand the diversity of users can result in services that exclude people unnecessarily. A service needs to be functional, usable, desirable and viable. Services that have a positive impact on a person s quality of life are the most successful. The design of mainstream services, policies and strategies needs to ensure that they are accessible to / usable by as many people as possible. The Equality Analysis process is a tool to help you design your service. When used correctly, this tool will enable you to break down and understand the different needs of different customers. It will enable you to consider peoples experience from their point of view, their lived experience, their journey. When considering the customer journey, consider points of engagement and access points such as referral, treatment and other points of the care pathway. 2

3 The Equality Duty The Public Sector Equality Duty of the Equality Act requires the Trust to analyse the impact of equality when carrying out its functions. The Duty applies to all of our work, policies, services, planning, procurement and employment. The equality analysis process enables us to consider the way in which we deliver our services and the impact it has on people with different protected characteristics. Within the diverse society that we live, we can not have a one size fits all approach. It is vital that we gather information and use this to understand the journey that our customers experience. The main purpose of the Act is to integrate consideration of different groups into the day to day planning of services. The Equality Act requires us to have due regard to the need to: Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. Advance equality of opportunity between people who share a protected characteristic and those who do not Foster good relations between people who share a protected characteristic and those who do not These are often referred to as the main aims of the general equality duty. The duty applies to the public authorities listed in the Act and to any other organisation carrying out duties on behalf of a public authority such as a voluntary organisation or private business. This means that any procured or commissioned service is subject to the duty in the carrying out of the public function. What is due regard? The Act defines having due regard to as: 1. Removing or minimising disadvantages suffered by persons who share a protected characteristic 2. Taking steps to meet the needs of persons who share a relevant characteristic 3. Encouraging persons who share a relevant characteristic to participate in public life 3

4 When should equality analysis take place? Equality analysis informs design and decision making. It should begin before a policy, strategy, service or function is developed or at the earliest stage possible. It is also not a one off. If review occurs a year later, then the EA must also be reviewed as an integral part of design processes such as service change and restructure or policy review. What is covered by policy, function or service? The term policy is to be understood in its broadest sense, incorporating strategies, practices, decisions and activities. Existing and new policies need to include equality analysis as do service redesigns, restructures, Long Term Financial Management, Cost Improvement Plans, Service Development processes and any other process that leads to a change to resources. Who is responsible? Identifying who is responsible is an important factor. If a policy is being assessed then the policy originator should be responsible. If it a strategy then the strategy lead(s) should be responsible. A Head of Service, Service Director or nominated Change Lead is responsible if a service, department, finance or business plan is undergoing equality analysis. The equality analysis process is not an administrative task; nor is it a desk top exercise; it is a fundamental aspect of policy development and service design. To enable maximum benefit from the process and effective inclusive design appropriate resources and support are needed, for example, allocated staff time, budget for consultation or engagement, allocated time for discussion at appropriate meetings or working groups established. Undertaking equality analysis in collaboration with a partner or partners is beneficial as it means a more streamlined approach, less use of resources and shared practice and understanding. Remember there are others out there 4

5 to support this process. Whatever the circumstance Equality Analysis should not be undertaken alone, as a desk top exercise. Assessing relevance All policies, strategies, functions and services need to be considered in relation to their relevance to equality, the Equality Act and the protected characteristics. Many things need to be considered such as: Does the policy affect different groups differently? Is it relevant to an area with known inequalities? Does it affect how other organisations function? Does it affect partnerships you are involved in? Does it relate to a service that is known to be of significance to protected groups? These are just some of the questions that will help you to assess relevance. The template in Appendix 1 will assist you with this. If you conclude that your service, policy or function is not relevant to equality and diversity or the arms of the Equality Duty then detail your reasons, justification and evidence on the template, have the form signed by your Head or Director of Service and return to the Equality and Diversity Team. In these circumstances you do not have to carry out an Equality Analysis. Please note all service plans, changes, redesigns and restructures are relevant as they have an impact on people. If you are carrying out a service change do not complete a relevance assessment, go straight to the Equality Analysis template (Appendix 2). However, if you are leading a Service redesign or staffing restructure use Appendix 3 only. Business Planning & Service Development Equality analysis should be embedded into business planning, service design, Cost Improvement Plans and Long Term Financial Management processes. Equality is not an add on or stand alone item, it is a fundamental part of developing, collecting and 5

6 analysing customer information to enable you to design and plan your services appropriately and successfully, ensuring that as many people as possible get the maximum benefit from your service. To integrate equalities into business planning, actions developed from the equality analysis process should be transferred to your service delivery and business plans. The equality analysis process enables you to consider the customer journey. You should outline the key purpose of the service, function, strategy or policy and continue to detail evidence based analysis of the impact it has on the groups covered by the protected characteristics. You are then asked to identify any positive or negative impacts and to develop actions to either mitigate or safeguard those impacts. Finally, these actions should be put into the EA action plan and transferred into your main business or service plan. Service redesign and / or staff restructure When undertaking a Service Redesign and / or staff restructure you should use the documentation in Appendix 3 This includes equality analysis as part of the process so you do not need to complete Appendix 1 and 2 also. The Service redesign & Restructure flow chart highlights how Equality Analysis can be integrated into project management. If you are solely focusing on a restructure of staff go directly to the Service Change HR & OD checklist. When making changes to staffing structures your analysis should consider the protected characteristics of your current workforce set against the demographics of your proposed structure. Use the available demographics to undertake comparative analysis of slot in, competitive interviews and disestablishment within the proposed structure. If there is disproportionate impact in light of any protected characteristic(s), then this needs to be addressed by developing actions to create a solution. Disproportionate impact can be objectively justified but this must be clearly thought through, discussed widely and evidenced. It is crucial that you understand the picture of your staff in terms of protected characteristics before you design your projected structure. It is also important to have an awareness of the overall workforce profile within the Trust. Workforce demographics are readily available to 6

7 assist you with this and can be requested through the Human Resources department. What are the protected characteristics? There are 9 protected characteristics. Definitions of the characteristics are: Age Where a person belongs to a particular age or age group, e.g. 50 year olds or year olds. Disability A person who has a physical or mental impairment that has a substantial and long term adverse effect on day to day life. Gender Reassignment A person who transitions from one gender to another, i.e. born a man but transitions to become a woman or vice versa (The Equality Act does not require this to include medical intervention) Marriage and Civil Partnership Civil partners must be treated the same way as married couples on a wide range of issues. Marriage is defined as the union of a man and woman, Civil Partnerships are between same sex couples. Pregnancy and maternity A woman who is pregnant. Maternity is the period after birth when the woman is a new mother. Protection is for 26 weeks and includes treating a woman less favourably because she is breastfeeding. Race or ethnicity Refers to a group of people defined by their race, colour, and nationality, ethnic or national origins. Religion and belief This includes religious and philosophical beliefs and lack of believe such as Atheism. A belief should influence your lifestyle and choices for it to be considered. 7

8 Gender Man or woman Sexuality Whether a person is attracted to their own sex, opposite sex or both sexes. Why analysis? Completing an Equality Analysis Template is not an end in itself. It is a method to capture information; you must analyse this information, understand it, interpret it and use it to influence and, shape and design your plans.. We can not assume what the experience of a customer will be, we need to ask. The refreshed approach to delivering on equalities is smarter and more evidence based, and that is what you are asked to do. Use information that is already available, whether this is research, a customer survey, qualitative or quantitative information or conduct new consultation. Use this information to evidence your conclusions. The key thing to remember is that if there is something that you don t know, find out! The sources and scope of data available will differ for different service areas but it is essential that you bring together as much relevant evidence as possible. When gathering this evidence think about: Customer demographics (check the Trust Intranet for staff and service user demographics) Recommendations available from any inspections or reports Customer feedback and complaints National research and local knowledge If you have gaps in your information consider making plans to carry out some consultation. Research and detail this plan in the EA action plan with timescales and resources attributed. Who are our Customers? Customers are people who buy or use the services that you provide. The term should be taken with its widest meaning and 8

9 encompasses clients, service users, patients, staff, stakeholders, the wider community and any other term used to describe the people that your policy will have an effect on. If your service has an internal focus then your customers may be other staff or your board, if you have a service delivery focus then your main customers may be service users, carers or volunteers. If your policy, strategy or function impacts on any of these categories of people then an equality analysis needs to be undertaken. It is important not to forget employees in this process. External Customers Those customers who are outside of the organisation, carers, service users, clients, external agencies or partners who commission our services Internal Customers Those customers who are inside the organisation, Trust employees, Trust Board members, other service teams or departments who require your service Differential Impact It is important to consider whether you would experience the service differently if you are disabled, were from a BME community, identified as transgender, were aged 60 or perhaps a combination of protected characteristics? Identifying differential impact is about the different experiences different people may have because of their identity or characteristics of who they are. You should collect evidence of discussions, analysis and decisions undertaken with regard to this aspect of the process. Safeguarding positive impact Not all impact is negative. Some services and policies will treat particular groups more favourably to address disadvantage, for example, disabled staff. This is encouraged by the Equality Act and the EA process should acknowledge this and develop an action to protect this, thus ensuring positive impacts remain safe and sustainable. This is a safeguarding measure. 9

10 Mitigating negative impact Your analysis may have concluded that there are barriers or potential for adverse impacts. You will need to adjust the policy, plans or service accordingly in order to remove the adverse impact, to mitigate it. You should design actions that will produce solutions to these adverse impacts. If you think that your analysis has revealed some negative impacts but they can be objectively justified please ensure your Equality Analysis includes all evidence relating to this. If the Equality Analysis identifies adverse impacts that can not be justified and that you can not mitigate, seek advice urgently as this could lead to unlawful discrimination. What is Discrimination? Discrimination is when you treat somebody less favourably because of a protected characteristic, for example, not allowing somebody or a group to access a service because they are gay. In order for someone to show that they have been directly discriminated against, they must evidence that the way they have been treated is not the same as somebody without their protected characteristic. It is lawful however, to act favourably towards a disabled person or a female in connection to her pregnancy or maternity. Indirect discrimination occurs when everybody is treated in the same way but this puts a particular group at a disadvantage. You may not have intended to discriminate, you may believe that you are treating everybody equally but if you have not taken into account the needs of a protected group then this can be indirect discrimination. For example, a policy make require all staff to wear a hat, however this would have the effect of excluding a Sikh male whose religion requires them to wear a turban. This would be indirect discrimination if the requirement cannot be objectively justified. 10

11 What is harassment? Harassment is unwanted conduct relating to any of the protected characteristics. Harassment can lead to disadvantage and suffering. The behaviour is unwanted and uninvited. A victim does not have to say that they do not want it in order for it to be harassment. Types of harassment which are unlawful under the Equality Act include: Harassment related to a relevant protected characteristic. Sexual harassment. What is advancing equality of opportunity? The Equality Act states clearly what this means. Removing or minimising disadvantages suffered by people due to their protected characteristics. Taking steps to meet the needs of people from protected groups where these are different from the needs of other people. Encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low. What is to foster good relations? This means to support good relations between between people with different protected characteristics, encouraging understanding and awareness of difference, increasing awareness of the harm and suffering prejudice can cause and encouraging people to understand each others needs. Evidence and Consultation 11

12 The Equality Analysis that you undertake must be evidence based and you must bring together as comprehensive and thorough a body of evidence and information as possible. The information must be relevant to equality issues. What you have available will differ from service to service and you will have to do some research to find out what equality information has been picked up through more generic consultation work that has already taken place. Your evidence must demonstrate why you have come to your conclusions, for example, if your analysis concludes that your policy has an adverse impact on disability, then your evidence must demonstrate this. Likewise if you conclude that, for example, there is no adverse impact in relation to race, then you must evidence why? It is important that you do not assume. If you don t know what the answer is then find out! This conclusion may lead to you making plans to gather some customer feedback or to carry out some consultation or research. Examples of existing sources you may use to gather your evidence are: Customer complaints Monitoring information Customer and staff feedback Recommendations from any internal or external assessments or audits National and local reports and research Consultation or engagement where equality issues have been relevant The new duty uses the term engagement. This is a broad term that incorporates all sorts of consultation and activities, from large scale public consultation to directly involving people from protected groups in the delivery of services. Engagement will help you understand the needs of different groups and to understand reasons for low participation and disadvantage. This knowledge will assist you in designing services, business plans and policies which address these barriers and prioritise need. Good engagement can mean more sustainable services, as services that better meet the needs of users are more likely to be more effective in the longer term EHRC. The Equality and Human Rights Commission give some useful tips on engagement 12

13 Take an approach that is proportionate to your size and resources and to the relevance of the equality issue Establish what is already available and what your information gaps are before you plan your engagement Consider joining up with a partner in order to carry out some consultation. This can save resources and prevent stakeholders feeling like they are always being consulted with. Be mindful of diversity within protected groups and of multiple barriers that many people face. The Equality and Human Rights Commission has published a guide to Engagement and the equality duty, see the EHRC website for details. Your conclusions and actions The findings of your assessment should be transferred as actions into the action plan on the template. These actions should be SMART Specific Measurable Achievable Realistic Time bound The information on the template will then enable key decisions to be made in the policy / service design. Recording It is important to record the steps you have taken to analyse the effect your service change, business plans policy or service has on equality groups. Each stage of this process should be recorded and dated, including any relevant consultation or engagement. This will help you to be able to check whether you are complying with the duty and it will be useful if a decision is challenged. Date of assessment and date of completion 13

14 Remember to record the date that you fill in your assessment and the date that it is completed and approved. You should also complete the date that you have sent it to the Equality and Diversity Team. Monitoring Please note how progress on the policy will be monitored and how progress on the equality actions will be monitored. Equality Analysis is a cyclical tool and when a policy is revised or changed then the EA will also need to be refreshed. New information and research may come to light and you may want to redesign in response to this, the EA process will help you do this. Remember, services and policies are never fixed and local demographics change. Role of the Equality and Diversity Team Upon receipt of your Equality Analysis documents you will receive an acknowledgement from the Equality & Diversity team (EDT). Refer to the intranet for details of the current response timeframes. In responding the EDT will quality check, provide recommendations, suggestions and relevant signposting as appropriate to ensure that the Equality Analysis is as robust and Equality Act compliant as possible. It is the responsibility of the service change lead to incorporate or provide objective justification(s) based upon the feedback from the EDT. Where further clarity is required the EDT are available to answer any queries and provide further support. Useful links

15 Advice on all protected characteristics and the Equality Duty can be found at the Equality and Human Rights Commission website Appendix 1. Equality Relevance Assessment 2. Equality Analysis Assessment 3. Service Redesign and Staff Restructure checklist 15

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