Consultation on Draft St Helens Comprehensive Equality Policy 2014-18

Equality Officer
Wesley House
Corporation Street
Merseyside
WA10 1HF
Contact: Simon Cousins
Tel: (01744) 676 789

Your ref:
Wednesday, 26th March 2014 / Our ref:

Dear Sir or Madam

St.Helens Council’s Comprehensive Equality Policy has been in place since 2003 and was last reviewed in 2011. Although there have been no major changes to equality legislation since 2011, St.Helens Council is reviewing the Comprehensive Equality Policy in line with its scheduled review commitments.

As the Council’s Equality Officer, I am keen to ensure that Communities and Groups that represent people with characteristics protected under the Equality Act 2010 have the opportunity to comment and inform the approach that the Council is taking in this revision.

This letter sets out the proposed approach to the review of the Comprehensive Equality Policy and a series of questions on that approach. I would be delighted if you wished to share your comments with me. The deadline for consultation responses is 11th April 2014. I will acknowledge all responses that are received and ensure the Council considers them.

Please send your comments to me by 15th April 2014, either by email or in the post (postal address above). Email address –

Thank you

Yours faithfully

Simon Cousins

Equalities Officer

Introduction

The Council's Comprehensive Equality Policy was developed in 2003 in response to the requirements of the Equality Standard for Local Government (BV002a). It set out how the Council met its equality duties in service delivery and employment, for the 6 protected characteristics of gender, disability, race, religion, sexual orientation & age.

The Comprehensive Equality Policy underwent its first revision in 2007, when it was extended to cover further 6 areas protected by related legislation: community cohesion, carers’ rights, gender reassignment, hate crime, human rights, and fair employment and equal pay.

The second revision of the Comprehensive Equality Policy in 2011 set out how St.Helens Council met the duties of the Equality Act 2010. This is the third revision of the Comprehensive Equality Policy, which will continue the Council’s commitment till 2018. It is proposed to make three amendments to the existing Comprehensive Equality Policy.

Statutory Changes - Third Party Harassment

The Equality Act 2010 was amended to remove the Third Party Harassment element of the General Duty on the 1st October 2013. An employer used to be liable for any harassment of its employees by third parties (such as customers or clients) but only when harassment had occurred on at least two previous occasions, the employer was aware that it had taken place, and had not taken reasonable steps to prevent it happening again. Page 10 of the Comprehensive Equality Policy has been amended to reflect this change, whilst maintaining a clear position that harassment of an employee by a third party is unacceptable and will continue to be dealt with appropriately.

Statutory Changes – Special Educational Needs

The Children and Families Act 2014 will introduce new regulations around the assessment of Special Educational Needs, Health and Social Care for children; replacing Statements and learning difficulty assessments with a new “birth to 25” Education, Health and Care Plan (EHC Plan). Page 16 of the Policy has been amended to reflect this change.

Case law Change - UN Convention on the Rights on Persons with Disabilities

The European Union Court modification of the definition of 'disability' in the Framework Employment Directive in April 2013. The definition takes greater account of the social model of disability. This model recognises the barriers caused by the environment and people’s attitudes to disability, and stems from theUN Convention on the Rights of Persons with Disabilities. The Court also said the aim of the reasonable adjustment duty was to remove barriers that hinder “full and effective participation” by disabled employees. Page 16 of the Policy has been amended to reflect this change.

Consultation on St.Helens Draft Comprehensive Equality Policy 2014-18

Proposed Scope of the Comprehensive Equality Policy

Since 2011, St.Helens Council’s Comprehensive Equality Policy has covered fourteen equality “strands”.

These are: age, gender, disability, race, religion, sexual orientation, community cohesion, gender reassignment, equal pay, carers’ rights, hate crime, Human Rights, marriage and civil partnership, and pregnancy and maternity.

St.Helens Council proposes that the Comprehensive Equality Policy 2014-18 continues to cover these fourteen existing equality ‘strands’.

Question 1

Although the Equality Act 2010 does not cover carers rights, hate crime and human rights, St.Helens Council proposes to keep equality policy statements on these strands within it’s Comprehensive Equality Policy as they have direct relevance to protected characteristics.

Do you have any comments in relation to the proposal to keep carers’ rights, hate crime and human rights within the Comprehensive Equality Policy?

Equality Objectives

The Specific Public Sector Equality Duty requires public bodies to set measurable equality objectives and to publish information about their performance on equality, so that the public can hold them to account.

St. Helens Council sets equality performance targets for

  • Completion of Equality Impact Assessments in services delivery, procurement and decision-making
  • The percentage of service access targets that the Council meets for different protected characteristics
  • Workforce and employment profiles for different protected characteristics.

In this way, any actions that contribute to meeting Corporate Equality Objectives will also provide evidence to demonstrate that the Council has given due regard to the General Equality Duty.

Question 2

Do you have any comments in relation to the Corporate Equality Objectives?

Implementing Corporate Equality Objectives across the Council

Since 2003, St.Helens Council has used the following four methods to implement the objectives of its Comprehensive Equality Policy within its business processes:

  1. Equality impact assessments: to demonstrate that it has given due regard to general equality duties within its decision making, employment and service delivery functions,
  2. Equality monitoring: i.e. using equality profiles within its consultation, complaints and monitoring process to demonstrate equality of opportunity in access, quality and outcome across service delivery and employment.
  3. Procurement equality standard: to ensure that due regard is given to equality duties within the Council’s procurement functions.
  4. Equality training: to ensure that Staff, Senior Managers and Elected Members understand the Equality Policy and their implementation responsibilities.

It is proposed that the Council continues to use these mechanisms to implement corporate equality objectives across its areas of responsibility, and to demonstrate that due regard has been given to equality duties within its functions and decisions.

Question 3

Do you have any comments in relation to the proposal to use Equality Impact Assessments, Equality Monitoring, Procurement Equality Standards and Training as the appropriate mechanisms through which to implement the Council’s Comprehensive Equality Policy?

Public Sector Equality Duty

Since 2003, St Helens Council has produced an annual Service Equality Monitoring Report and Workforce Equality Monitoring Report. These are made available on the Council’s website and shared with local voluntary and community groups representing people with protected characteristics. The reports demonstrate the progress that St.Helens Council has made towards meeting the equality objectives of its Comprehensive Equality Policy. These reports set out the Council’s performance in relation to workforce equality indicators, employment and service equality monitoring, equality impact assessments and equality training.

It is proposed to continue to publish annual Service and Workforce Equality Monitoring Reports in order to demonstrate how the Council meets its Equality Duties.

Question 4

Do you have any comments in relation to the proposal to continue to publish annual Service and Workforce Equality Monitoring Reports in order to demonstrate how the Council meets its Equality Duties?

Specific Equality Policy Statements

Since 2003, the Comprehensive Equality Policy has included Equality Policy Statements for the individual equality strands covered by legislation. These have been used to clarify definitions and implications of legislation in relation to service delivery and employment.

It is proposed that the Comprehensive Equality Policy includes specific Equality Policy Statements on the following protected characteristics to clarify definitions and implications in relation to practice and procedure: age, disability, carers, community cohesion, equal pay, hate crime, human rights, gender reassignment, religion and sexual orientation.

No specific Equality Policy Statements have been included for marriage and civil partnership, pregnancy and maternity, race or gender. This is because the section of the Comprehensive Equality Policy dedicated to the Equality Act 2010 fully covers the definitions and implications of those equality strands.

Question 5

Do you have any comments in relation to the proposal to continue with Specific Equality Policy Statements to clarify definitions and implications of specific equality strands?

Please send your comments to me by email or in the post to reach me by 15th April 2014.

Email address –

Simon Cousins

3rd Floor Wesley House

Corporation Street

St.Helens

WA10 1HF

Thank you

Yours sincerely

Mr Simon Cousins

Equalities Officer

St. Helens Council

01744 676789

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