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Equality, Inclusion And Human Rights Archive - 2013/14

As a public sector organisation we have to meet the requirements of the Equality Act 2010 (the Act). It is recognised good practice to set four equality objectives. These four objectives will be reported on at regular intervals. The action plan of what we are going to do to meet these objectives will follow shortly.

You will find a brief explanation of the equality duty below and you can read more using this link www.equalityhumanrights.com/legal-and-policy/equality-act/

If you have any questions or comments please do not hesitate to contact us:

NHS Southern Derbyshire Clinical Commissioning Group 
Engagement Manager
First Floor, Cardinal Square 
10 Nottingham Road 
Derby DE1 3QT
T: 01332 868 677
E: claire.haynes@southernderbyshireccg.nhs.uk          

What is the equality duty?

The public sector equality duty which is set out in section 149 of the Equality Act 2010 itself and came into force on 5 April 2011. As well as the specific duties set out in the Equality Act 2010 (Specific Duties) Regulations 2011 which came into law on 10 September 2011 in England.

In summary, those subject to the equality duty 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.
  • 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 sometimes referred to as the three aims or arms of the public sector equality duty. The Act helpfully explains that having due regard for advancing equality involves:

  • Removing or minimising disadvantages suffered by people due to their protected characteristics.
  • Taking steps to meet the needs of people 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.

The Act states that meeting different needs involves taking steps to take account of disabled people's disabilities. It describes fostering good relations as tackling prejudice and promoting understanding between people from different groups. It states that compliance with the duty may involve treating some people more favourably than others.

The new duty covers the following nine protected characteristics for public sector organisations:

  • Age
  • Disability
  • Gender reassignment
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation
  • Marriage or civil partnership

Our equality objectives

In October 2013 we set out the following 4 equality objectives and twelve months later we have made significant progress towards achieving them as outlined in this report produced by Greater East Midlands Commissioning Support Unit. The objectives have been set with a mix of one and two year timelines to allow our CCG as a newly authorised public organisation to make measurable achievements in year one, which will be expanded upon in year two. This report details the progress made in that first year (up to 1 October 2014) and includes planned actions for the following year. Please click hereto read the full report.

Understand the experience of all patients - build a profile of all the 9 protected characteristics and the general experience of healthcare(a  two year objective, year one will be about collating what information exists and year two will be finding ways to expand on the information working in conjunction with Public Health)

  • This objective has been identified in order to ensure that the most up-to-date information is available on the population served across all protected characteristics.
  • This builds on work that previous NHS commissioner organisations undertook and so will be focusing towards improving on the level of information already available.
  • This will enable the Clinical Commissioning Group, across its functions, to ensure that a comprehensive approach to understanding the health needs (including any health inequalities) of its population is undertaken (part of proportionate Due Regard to the Public Sector Equality Duty (PSED)) and all decisions reflect this understanding. 

Improving access to the seldom heard - improve the relationship between the Clinical Commissioning Group and seldom heard communities (a one year objective)

  • The community engagement and involvement work already undertaken by the Clinical Commissioning Group has begun to highlight the diverse communities within the local population. This includes a high number of emerging communities as well as more established yet small communities.
  • This objective is designed to support the community engagement and involvement strategy so the Clinical Commissioning Group can be assured, as much as is practicable, that the voices of all sections of the population are heard and these views are utilised in decisions the Clinical Commissioning Group makes (part of the proportionate Due Regard to the PSED).
  • Previous NHS commissioner organisations began work in this area however it was not sustained.

Responding to the healthcare needs of the LGB&T community - respond to and action recommendations from the LGB&T community health needs report(a t wo year objective, year one will look at the development of an action plan and year two will look at delivery against the actions identified)

  • The Clinical Commissioning Group supported a local Lesbian Gay Bisexual &Trans community organisation (Derbyshire Friend) to undertake a Health Needs Assessment of the Lesbian Gay Bisexual & Trans communities. This report is now available and contains a number of recommendations.
  • This report also identifies how the Lesbian Gay Bisexual & Trans communities have specific health inequalities which are more prevalent due to their protected characteristics.
  • This Objective is designed to firstly ensure that recent support for Derbyshire Friend is seen as important by both the Clinical Commissioning Group and Lesbian Gay Bisexual & Trans communities. Secondly to properly review the Health Needs report and identify which recommendations the Clinical Commissioning Group can influence/action.
  • Thirdly, to agree and action the appropriate recommendations in order to reduce the health inequalities experienced by Lesbian Gay Bisexual & Trans people in the local area..

Understand and respond to the the health needs of the frail elderly - ensure the needs of those with protected characteristics are considered and supported (a two year objective, year one will look at pulling together the information to date and action plan for further work, year two will measure the engagement work and understanding against commissioning plans/intentions)

  • This objective has been identified and developed to ensure that other protected characteristics (apart from age) are considered when understanding and responding to the health needs of the frail elderly.
  • This Objective is a continuation of the work already being undertaken across the Derby & Derbyshire area (21st Century) and is designed to support and enhance this.
  • The legal ban on Age Discrimination came into force under the Equality Act 2010 in October 2012 and this Objective is designed to enable the CCG to ensure that age discrimination is tackled appropriately especially for those more vulnerable groups within the local population. 

Each of the above Objectives are designed to meet the requirements stipulated in the Equality Act (Specific Duties) Regulations 2011, as well as uphold the values of the Human Rights Act 1998, the NHS Constitution and the duties placed on CCGs by Section 14 of the Health and Social Care Act 2012.

Evidence of compliance with Public Sector Equality Duty (PSED)

As an authorised public sector organisation, Southern Derbyshire Clinical Commissioning Group (CCG) is required by the Equality Act 2010 to work in ways that ensure equality and inclusion is embedded into all of its functions.  

EIHR Archive