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Equality, Inclusion And Human Rights Archive - 2013/14

Understanding Equality and Diversity

The public sector equality duty consists of a general equality duty, which is set out in section 149 of the Equality Act 2010.  This general equality duty came into force on 5 April 2011.

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

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

Due regard (Equality Analysis) is an on-going proactive process which requires the use of information about the effect our decisions are likely to have on local communities, service users and employees, particularly those who are most vulnerable or at risk or disadvantage. 

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

Age
Disability
Gender Reassignment
Pregnancy and Maternity
R
ace
R
eligion or Belief
S
ex
Sexual Orientation
M
arriage or Civil Partnership

Whilst it is not a recognised protected characteristic, social deprivation (these factors include mental illness, poverty, poor education and low socioeconomic status) should be considered.

Equality Objectives

NHS Southern Derbyshire CCG has published its Equality Objectives update in accordance with the Equality Duty.

Please click here to read the report 2013-14.
Please click here to read the report 2014-15.

Our objectives for 2015-16 can be viewed here.

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

As an authorised public sector organisation, NHS Southern Derbyshire  Clinical Commissioning Group (CCG) is required by the Equality Act 2010 and Human Rights Act 1998 to work in ways that ensure equality and inclusion is embedded into all of its functions.

It is the intention of the CCG to eliminate unfair and unlawful discriminatory practices in line with current equality and Human Rights legislation. 

There are a number of duties which the CCG must address:

Public Sector Equality Duty (PSED)

1. In the exercise of its functions the CCG must have due regard to the need to:

a. Eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Equality Act 2010
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

Specific Duties

2. The CCG must prepare and publish one or more equality objectives it thinks it should achieve to support the PSED (above). The objectives must be published not later than 13 th October 2013 and at intervals of not greater than four years. Each objective must be specific and measurable.

3. The CCG must publish information, not later than 31 st January each year, to demonstrate compliance with the PSED. The information published must relate to persons who share a relevant protected characteristic who are:
a. Its employees (only when employing 150 people or more)
b. Other persons affected by its policies and practices

Publication of Information

Southern Derbyshire  CCG became an authorised public sector organisation in April 2013, in line with the re-organisation of the NHS brought about by the Health and Social Care Act 2012.

As a new and developing organisation, the level of detail to the information that is currently available to demonstrate how the CCG is complying with the Public Sector Equality Duty (PSED) continues to be improved.

In meeting the duty to publish information the CCG has collected the following evidence which should provide an understanding of how the CCG is approaching equality and inclusion in its activities.

The CCG is implementing the NHS EDS2 reporting framework to support it in meeting the requirements of the PSED.

EDS2 Tables Goals 1 and 2 Table

As Southern Derbyshire CCG employs 143 members of staff, it is not required to produce detailed staff profiles by protected characteristics. This also protects the privacy of employees as any profiles of protected characteristics would allow individuals to be identified.

However, the CCG is committed to ensuring the working environment is inclusive and appropriate support is provided to any member of the organisation that may require it.

All of the CCG’s internal workforce policies have been developed in line with current legislative requirements, including the Equality Act 2010. These policies cover the recruitment, selection and appointment process as well as all aspects of working for the CCG.

In addition to the above statement, the CCG have commissioned the Greater East Midlands Commissioning Support Unit (GEMCSU) to provide an annual HR Dashboard.  This dashboard, a redacted example of which is included in the document library, is used to monitor the diversity of the CCG’s workforce and other agreed KPIs. 

The CCG have also successfully signed up to the following Quality Standard:

  •  Two Ticks Disability Symbol

This demonstrate the CCG’s commitment to having a represented and supportive workforce. 

Evidence of the CCG’s Leadership decisions can be found in the Governing Body papers

http://www.southernderbyshireccg.nhs.uk/about-us/governing-body/papers/

Every board paper includes the following front sheet to identify Equality issues.