NECS & Sunderland CCG

Equality and Diversity Group

Terms of reference – November 2017

Introduction

The purpose of the Equality & Diversity Group is to:

  • To agree the activity of the group in supporting the CCG to address equality and diversity issues, on an ongoing basis.
  • To adopt a strategic approach to monitoring the delivery of the Equality and Diversity Action Plan
  • To be a ‘critical friend’ and highlight where and why agreed objectives are not being met.
  • To support the CCG in demonstrating their processes are clear and transparent.
  • To support the CCG in being compliant with the Equality Act 2010 and the Public Sector Equality Duties (as outlined below).
  • To support the CCG to raise awareness and skills of staff to effectively identify and respond to equality and diversity issues.
  • To maintain an up to date knowledge of what is included within ‘protected characteristics’.
  • To ensure public information is clear, understandable and in an appropriate format for specific groups of interest (in line with the Accessible Information Standard).
  • To monitor the Equality Impact Assessment process prior to new pieces of work being approved by the relevant CCG Board.
  • Provide advice and guidance around the Equality and Diversity agenda.

Statutory Need to Engage & Consult

Section 242

Section 242 of the NHS Act 2006 (as amended by the Act 2012) requires NHS organisations to involve and consult patients and the public in:

  • The planning and provision of services.
  • The development and consideration of proposals for changes in the way services are provided.
  • Decisions to be made by NHS organisations that affect the operation of services.

The NHS Constitution

NHS Constitution gives the following rights and pledges to patients:

  • “You have the right to be involved, directly or through representatives, in the planning of healthcare services, the development and consideration of proposals for changes in the way those services are provided, and in decisions to be made affecting the operation of those services.”
  • “The NHS commits to provide convenient, easy access to services within the waiting times set out in the Handbook to the NHS Constitution (pledge);
  • “The NHS commits to make decisions in a clear and transparent way, so that patients and the public can understand how services are planned and delivered (pledge).
  • “You have the right to receive care and treatment that is appropriate to you, meets your needs and reflects your preferences.”

In the terms of the statute and the NHS Constitution as explained above, this does not constitute significant variation of NHS services to trigger a formal consultation.

However best practice shows, and in line with the spirit of section 242 and the NHS Constitution that getting the patient population involved in the changes (asking for their thoughts) will provide valuable information to assist the commissioner and the future provider in mobilisation of a new service.

The Equality Act and the Public Sector Equality Duty (PSED)

As a public sector organisation, NHS Sunderland CCG must to publishits equality information to demonstrate compliance with the general equality duty,as specified in the Equality Act 2010, which states insummary:

‘Those (organisations) subject to the general equality duty must, in the exerciseof their functions, have due regard to the needto:

  • Eliminate unlawful discrimination, harassment and victimisation andother conduct prohibited by theAct.
  • Advance equality of opportunity between people who share aprotected characteristic and those who donot.
  • Foster good relations between people who share a protectedcharacteristic and those who donot.’

Additionally, NHS Sunderland CCGmust:

  • Prepare and publish one or more objectives they think they should achieveto

achieve the aims of the general equality duty, andat least every four yearsthereafter.

  • Ensure that those objectives are specific andmeasurable.
  • Publish those objectives in such a manner that they are accessible tothe public.

Links to guidance

  • The 2010 Equality Act:
  • 242 duties to engage and consult:
  • The NHS Constitution:
  • The Equality Act 2010 and the PSED:

Protected Characteristics

Protected characteristics include:

  • Age – older
  • Age – younger
  • Disability
  • Gender identity
  • Marriage & Civil Partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual orientation

Membership

It is anticipated the membership will develop from people with an interest in equality and diversity issues and who are able to represent the views of different communities in Sunderland. The group membership will be Sunderland residents or recipients of services provided in Sunderland and / or their carers’.Members acknowledge that the purpose of membership is to address equality and diversity for the people of Sunderland and not to address individual issues.

The membership will be as stated:-

  • Caroline Latta (Chair) - NECS
  • Hannah Pearson (Vice Chair) - NECS

With representation from:

  • NECS
  • Sunderland CCG
  • Lay member involvement
  • Age UK
  • Bangladeshi Community
  • FODI
  • Healthwatch
  • Hearing Loss
  • Mental Health Matters
  • Refugee Asylum

Membership for the group will be continuously developed to ensure gaps in representation are identified and filled. We welcome membership from Sunderland people with an interest in equality and diversity, particularly from protected characteristic groups.

The quorum will be the Chair or Vice chair and at least 3 other steering group members.

Additional members with specific expertise may be co-opted to the group as required to provide specialist opinion.

Members are asked to provide confirmation of attendance or apologies in advance of the meeting.

Agenda items

Any member can request an agenda item that relates to the SCCG Equality and Diversity Group. Agenda items need to follow the work plan and action log for the Equality & Diversity group.

Agenda items can be indicated at the end of individual Equality and Diversity Group meetings or via email one week prior to the next meeting. SCCG will write out to all members 2 weeks prior to the next meeting prompting agenda items.

Reporting mechanisms / Governance

The reporting channel will be through the CCG Communications and Engagement Steering Group and via this meeting to the Quality, Safety and Risk Committee (QS&RC). The QS&RC receive a bi-monthly report regarding patient and public involvement and engagement that has taken place and any questions / outcomes that have arisen as a result.Key reporting members of staff include:

  • Anne Fox is the named director for Nursing, Quality, & Safety
  • Deborah Cornell is the Head of Service
  • Aileen Sullivan is the Lay member for PPI

Accessibility

All paperwork will be emailed out one week in advance of the Equality and Diversity group meeting. Members can request paperwork to be printed and posted. Paperwork will be posted one week prior to the next meeting. Executive summaries will also be provided for large documents.

Meetings will take place in accessible venues.

Transportation

Where there is a physical need, taxis will be arranged to and from Equality and Diversity group meetings. Members need to notify Sunderland CCG one week in advance to organise a taxi.

Where there is no physical need for a taxi, attendees will be able to claim expenses for millage / public transportation. This can be done by completing a Volunteer Expense Payment Form, and returning to Sunderland CCG. A copy of this form will be provided at each Equality & Diversity Group meeting. Patient / volunteer mileage will be paid at 28p per mile.

Minutes & Action Notes

For accuracy, meetings will be recorded. All recordings will be deleted once the minutes and actions have been confirmed at the subsequent group. All minutes and actions will be provided to attendees one week in advance of the next meeting.

Meeting frequency

The group will meet bi-monthly on the 1st Wednesday of the month, 2 - 4pm, and venues will be rotated.

Review

The agreed Terms of Reference will be reviewed on a yearly basis. Next review date: July 2018

Caroline Latta, NECS, Senior communications and engagement locality lead

Lisa Anderson, NECS, Involvement Officer

November 2017

1 | Page