Equality and Diversity

This Act simplified the previous laws, removed inconsistencies and made it easier to understand and comply with. It also strengthened the law in important ways, to help tackle discrimination and inequality.

The law covers groups of people who have ‘protected characteristics’ these are;
• race
• sex
• sexual orientation (whether being lesbian, gay, bisexual or heterosexual)
• disability (or because of something connected with their disability)
• religion or belief
• transgender people (transgender is where someone has changed, is changing or has proposed changing their sex – called ‘gender reassignment’ in law)
• those who have just had a baby or are pregnant
• those who are married or in a civil partnership (this applies only at work or if someone is being trained for work),
• age (this applies only at work or if someone is being trained for work).

The law applies to both to services and also to the employment of staff.  It covers discrimination, harassment and victimisation.

For more detailed information please visit this link.

Included in the Equality Act 2010 are the Public Sector Duties, which outline the responsibilities of a variety of organisations, including the NHS.  There are two duties, the general and specific.  The general sets out the key elements that all public authorities must consider (pay due regard to) when carrying out its functions.  These include;

•    eliminating unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010;
•    advancing equality of opportunity between people from different groups; and
•    fostering good relations between people from different groups.

This means that consideration of equality issues must influence the decisions we make – in how we act as employers; how we develop, evaluate and review policy; how we design and evaluate services, and how we commission and procure from others.

Having due regard to the need to advance equality of opportunity involves considering the need to:

•    remove or reduce disadvantage suffered by people due to their protected characteristics;
•    meet the needs of people with protected characteristics; and
•    encourage people with protected characteristics to participate in public life or in other activities where their participation is low.
•    meet the needs of disabled people that are different from the needs of persons who are not disabled including, in particular, taking steps to take account of disabled peoples impairments.
For more information on the public sector equality duties visit this link.

One of the ways of demonstrating our consideration of equality whilst making decisions is through the process of Equality Impact Assessment (EQIA).  We have been undertaking these assessments for some time and will continue to do so.  To view our EQIAs please visit this link.

Fostering good relations involves tackling prejudice and promoting understanding between people from different groups.

The specific duties require public bodies to publish relevant, proportionate information demonstrating their compliance with the Equality Duty here ; and to set ourselves specific and measurable equality objectives.

In 2010 we developed a Single Equality Scheme to guide our equality intentions, this is still available to view here and we published reports annually to measure our progress here.

As well as the Equality Act there is other relevant legislation, such as the NHS Act 2006, which includes the requirement to consult patients and the public regarding health care and the NHS Constitution.  The constitution sets out the rights that patients, the public and staff are entitled to, and the pledges which the NHS is committed to achieve, together with responsibilities the public, patients and staff owe to one another to ensure that the NHS operates fairly and effectively.

The Human Rights Act 1998 also plays a significant part in ensuring the NHS services we receive are suitable, effective and safeguard people’s human rights.  For more information about human rights and healthcare please visit this link

The public sector Equality Duty (section 149 of the Equality Act 2010) applies to the NHS, public bodies and others carrying out public functions.

The general duty supports good decision-making by ensuring we consider how different people are affected by our activities and helps us design policies and services which are efficient and effective, accessible to all, and which meet different people’s needs.

The Equality Duty is supported by specific duties. The specific duties require us to publish relevant information to demonstrate our compliance with the Equality Duty and to set specific, measurable equality objectives.

NHS Kirklees must publish information to show that we have consciously thought about the three aims of the Equality Duty as part of the process of decision-making.  The information published must include information on employees and people affected by our policies and practices (for example, service users). We publish information about our employees annually and it is available here.

The information we have published and feedback from the public and our staff will be used to identify our equality objectives.  These objectives will then be prioritised and used to inform our organisational progress.  They will be monitored to ensure we achieve our aims and that outcomes are measured and assessed to consider the impact.

What to do if you think we are not meeting our duties
We are accountable to our service users, staff and members of the public.

If you have any concerns of feedback (positive or negative) about equality of access to services or in the work place, please contact Sarah Cooper, NHS Calderdale, Equality and Diversity Manager, 5th Floor, F Mill, Dean Clough, Halifax, HX3 5AX, Tel: 01422 281335, Email: sarah.cooper@calderdale.nhs.uk or Linzi Kendall, Head of Equality and Diversity, NHS Wakefield District, White Rose House, West Parade, Wakefield, WF1 1LT. Tel: 01924 317629. Email: linzi.kendall@wdpct.nhs.uk

Get in touch with us: enquiries@kirklees.nhs.uk

Equality impact assessment is a way of systematically analysing policies, plans or strategies to identify what effect, or likely effect  it could have on ‘protected groups’  to ensure appropriate decisions are made.  This is planned to reduce health inequalities, address discriminatory consequences and maximise opportunities to promote equality.  Previously equality impact assessment was a statutory requirement, however it has been decided that we remain committed to clear and transparent decision making so will continue to undertake assessments.

NHS Kirklees has developed a toolkit to meet our obligations under the Equality Act 2010 general duty to;

•    eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Act;
•    advance equality of opportunity between people who share a protected characteristic and people who do not share it
•    foster good relations between people who share a protected characteristic and people who do not share it.

The PCT has to demonstrate due regard to the general equality duty. Due regard means active consideration of equality must influence the decision/s reached – as employers; in policy development, evaluation and review; in the design, delivery and evaluation of services, commissioning and procurement.

Having due regard to the need to advance equality of opportunity involves considering the need to:
•    remove or minimise disadvantages suffered by people due to their protected characteristics;
•    meet the needs of people with protected characteristics; and
•    encourage people with protected characteristics to participate in public life or in other activities where their participation is low.
Fostering good relations involves tackling prejudice and promoting understanding between people who share a protected characteristic and others.
This assessment process therefore aims to ensure we have;
•    evidence of consultation and other engagement activities that gives enough information to enable us to identify the impact of a proposed decision;
•    informed the decision-makers of the potential impact and expressly considered how this can be reconciled with our equality duties;
•    informed decision-makers how adverse impacts of a decision might be mitigated and whether there are alternatives to the proposed decision that could be taken that would avoid or reduce adverse impact.

The Equality Delivery System (EDS) has been designed by the Department of Health to help NHS organisations measure their equality performance and understand how driving equality improvements can strengthen the accountability of services to patients and the public.  For more detailed information visit this link.

It will support NHS Kirklees identify local needs and priorities, particularly unmet needs of seldom-heard populations, and allow them to shape services around people’s specific circumstances, and so help to deliver better outcomes.  It will also assist organisations to meet their duties under the Equality Act 2010.

One of the features of the EDS is that it relies on organisations working with local interests to assess organisational performance.  This engagement will strengthen existing relationships and build new ones, ensuring that patients, public and staff have a voice in the grading.

NHS Kirklees will be working with other NHS Trusts in the area over the next year to implement the EDS.

How it works

The EDS has four goals, divided into 18 outcomes.  These focus on areas which mean the most, or are likely to have the greatest impact on patients, carers and staff. Performance will be analysed, graded and future plans determined from these in cooperation with local interests.

The goals are;

1.    Better Health Outcomes for all
2.    Improved patient access & experience
3.    Empowered, engaged & well supported staff
4.    Inclusive leadership at all levels

A grading template has been designed so that evidence can be gathered to demonstrate progress against each outcome and then assessed and a final grade agreed.  Four grades are available:

•    Undeveloped - Red
•    Developing - Amber
•    Achieving - Green
•    Excelling - Purple

What difference will it make?

Equality and quality are linked; a quality service recognises the needs and circumstances of each patient and carer and ensures that services are accessible, appropriate, safe and effective; in turn this will help address gaps in health inequalities.

The panel will also be asked for its views on future NHS Kirklees equality priorities required by law by April 2012.

To inform the grading process, each NHS organisation will provide a detailed written report summarising evidence available from JSNAs, published patient survey feedback, staff survey feedback, as well as internal monitoring data by the end of January 2012. This information will form the basis of the data required by law on 31 January 2012 and will form part of legal compliance with the Equality Act.

To make the EDS work properly we have to speak to local people, but also get them involved in the process. There will be opportunities for different levels of involvement, from telling us your views, influencing how services are designed to taking part in an assessment panel for the EDS.

What next?

The NHS Equality Panel

In March 2012 we are inviting members from a range of geographical areas and identities in Kirklees to sit on the Equality panel. Representation will be drawn from:

•    voluntary sector community organisations, that represent the groups identified in the Equality Act 2010
•    LINKS, and in the future HealthWatch
•    Interested members of the public
Panel members will receive a briefing on the EDS and how to use the Grading Manual.

What can I do to help?

You can do as little or as much as you want, but some of the things we need help with are:
•    Being involved in community events to feedback what YOU think WE should be doing better and what is working well.
•    Getting involved in consultations where you will use your expertise to advise the NHS how it can be responsive to the needs of local communities.
•    Just talk to us – if you have an idea or solution to a problem why not tell us, we might be able to use it!

How to get involved

Sarah Cooper, NHS Calderdale, Equality and Diversity Manager, 5th Floor, F Mill, Dean Clough, Halifax, HX3 5AX, Tel: 01422 281335, Email: sarah.cooper@calderdale.nhs.uk or

Linzi Kendall, Head of Equality and Diversity, NHS Wakefield District, White Rose House, West Parade, Wakefield, WF1 1LT. Tel: 01924 317629. Email: linzi.kendall@wdpct.nhs.uk