THREE RIVERS DISTRICT COUNCIL

At a meeting of the Equal Opportunities Forum held in the Penn Chamber, Three Rivers House, Rickmansworth, on 5March2008 from 7.30pm to 8.55pm.

Present:Councillors Joy Mann (Chairman) and Ann ShawOBE.

Officers:Andy Stovold-Acting Head of Corporate Development

Marjorie FoxPartnerships Officer

Chris Fagan-Committee Manager

Also in attendance:- Julian Treves-Brown, Caroline Jones and Joyce Willis.

Apologies for absence were received from Councillor Amrit Mediratta.

EOF21/07MINUTES

The Minutes of the meeting of the Equal Opportunities Forum held on 20 November 2007 were confirmed as a correct record and signed by the Chairman subject to the following amendment:

EOF14/07PROGRESS WITH WORKS IN RELATION TO THE DISABILITY DISCRIMINATION ACT (As Amended) 1995

In the second sentence of the preamble, the words “Disability Disabled Act“ to read: “Disability Discrimination Act.”

EOF22/07MATTERS ARISING FROM THE MINUTES: BRIEFING NOTES ON THE DISABILITY DISCRIMINATION ACT AND INDEPENDENT LIVING CENTRES

The Acting Head of Corporate Development introduced briefing notes on the following matters:

Minute EOF14/07, in response to question on who is responsible for ensuring public buildings and other buildings comply with the Disability Discrimination Act.

It was noted that responsibility for compliance with the legislation lay with the occupier of the premises from which a service is provided. Three Rivers District Council had responsibility only for its own buildings or buildings from which its services were provided. No organisation had responsibility for inspections of buildings. In all cases it was for individuals to take initial action to enforce compliance. This could be done by making complaints of discrimination or by legal challenge in the courts. The Commission for Equality and Human Rights provided information and guidance but had only a strategic enforcement role, taking legal action only in landmark cases.

Minute EOF19/07 on Independent Living Centres.

The briefing note provided information on Independent Living Centres, which were described by Government as grassroots organisations controlled and run by disabled people. There was one ILC in Hertfordshire, located in Welwyn Garden City. It provided some satellite services. The Area Team Manager for Elderly and Physical Disability would be happy to attend a future meeting to explain more about Independent Living Centres.

Note: Both briefing notes are attached to these minutes at Appendix A.

EOF23/07DRAFT NOTES OF THE MEETING HELD WITH LOCAL PARENTS AND CARERS OF DISABLED CHILDREN AND YOUNG PEOPLE ON 17 OCTOBER 2007

The meeting received the notes of the meeting. The Acting Head of Corporate Development reported that feedback from the District Children’s Trust Partnership was still awaitedon the matters raised in the meeting. In response to the Chairman’s question, he agreed to seek further feedback on transportation issues.

ACTION AGREED:-

that feedback on the matters raised at the meeting be reported to a future meeting when received.

EOF24/07WATFORD AND THREE RIVERS REFUGEE PROJECT

The Chairman informed the meeting that the Project representative had been unable to attend the meeting, but would try to attend a future meeting.

EOF25/07EQUALITY IMPACT ASSESSMENT PROGRAMME UPDATE

The Forum received an update on the implementation of the Corporate Impact Assessment programme as detailed in the Corporate Equality Action Plan 2006-09.

The Acting Head of Corporate Development explained the content and methods of the assessments, which embraced the grounds of race, disability and gender, age, religion and sexual orientation. There was a two-stage process, initially of equality relevance tests followed, if appropriate, by full impact assessments. The most common impact area was in disability, followed in order by age, race, gender, religion and sexual orientation. The process was bedding down but had already led to improvements in facilities for disabled people via new planning and parking schemes. The purpose of the programme was to identify and eradicate any form of discrimination and to feed into future service equality action plans and the next Corporate Equality Action Plan 2009-12, which would be produced, subject to public consultation, during 2008-09. The appendix to the report would become asingle information source for the public and Council staff.

Councillor Ann Shaw referred to WoodcockHillCemetery as being difficult to access for disabled people and asked why gender was identified as an issue in the relevance test. The Acting Head of Corporate Development undertook to look into access to the Cemetery as a whole and into the reference to gender.

Julian Treves-Brown referred to reductions in Inter-City train services from Watford Junction, which might affect disabled people’s ability to travel when they needed to. He asked which body was responsible for train services, so that representations could be made. The Acting Head of Corporate Development undertook to investigate and inform him and also to seek the views of the Independent Living Centre on the issue.

ACTION AGREED:-

(1)that the update report be noted;

(2)that the information be kept up to date with findings from new impact assessments and a further update report provided to the Forum next year

(3)that officers use the information when undertaking future Equality Relevance Tests and Equality Impact Assessments as appropriate.

EOF26/07FUTURE CONSULTATION WITH BLACK AND MINORITY ETHNIC COMMUNITIES

Further to discussion at the previous meeting, the Acting Head of Corporate Development presented a proposal to hold a consultation event witha group of 30 black and minority ethnic residents recruited on the street across the District’s wards. This method had been shown to work by the Community Safety Partnership consultation in South Oxhey. The group would be consulted to identify issues relevant to these communities in relation to the local statutory and voluntary agencies and the results would be reported to the Forum and fed into the review of the Corporate Equality Plan and Equality Impact Assessment Programme. He confirmed that the members of the group, when recruited, would be asked to agree to their contact details being retained for future consultative purposes.

ACTIONS AGREED:-

(1)That the Equal Opportunities Forum agrees to hold an informal workshop with residents from Black and Minority Ethnic Communities in Three Rivers.

(2)That the findings of this workshop be brought back to the Equal Opportunities Forum for consideration.

EOF27/072007-2008 EQUAL OPPORTUNITIES FORUM WORK PROGRAMME

Members considered the work programme of the Forum for 2007-2008.

The Chairman wished to include the Dial-A-Ride service in the agenda for the July meeting. Julian Treves-Brown raised a number of concerns relating to the provision of this service and the treatment given to some disabled users. He instanced the cessation of the service at 4 pm on Saturdays and the lack of an evening service; drivers leaving a vulnerable person to wait at venues for up to two hours without contacts, the lack of a facility for multiple bookings and County Council reductions over the last two years in the Dial-A-Ride service. He asked who was responsible for the care of disabled and other vulnerable Dial-A-Ride passengers when dropping them off.

Mr Treves-Brown also stated that there had been a reduction in the availability of buses for disabled people, thus reducing their ability to get to clubs and social activities. Moreover, charges for County Council minibuses with tail lifts were greater than for non-disabled adapted minibuses. He believed that the County Council had a number of buses which might be made available for use by disabled people. He asked whether, if disabled people proved there was a need for an evening service, such a service would be provided.

Caroline Jones stated that since the CountySocial Services had taken over the provision of drivers, transport for County Council-run clubs had improved, but for individuals the availability of transport had reduced. The Chairman instanced an elderly and disabled couple who had been unable to make evening theatre trips. She would write to the County Council to pass on the Forum’s concerns and request that a representative qualified to speak on Dial-A-Ride and other transport matters affecting the disabled attend the July meeting to discuss the service provision.

The Acting Head of Corporate Development undertook to investigate the extent of carrier responsibility for disabled and vulnerable passengers.

ACTION AGREED:-

(1)that the report be noted and the work programme be noted subject to the addition of Dial-A-Ride and transport issues to the 28 July 2008 agenda; together with a presentation on the work of the Watford and Three Rivers Refugee Project; and

(2)that the Chairman write to the County Council expressing the concerns of the Forum about problems encountered by disabled people with the Dial-A-Ride service and other County Council-run transportation and inviting a representative to attend the Forum meeting on 28 July 2008.

EOF28/07UPDATES FROM OTHER FORUMS

Domestic Violence Forum

The Forum was updated on the previous minutes from the Domestic Violence Forum meetings on 25 October 2007 and 31 January 2008.

Youth Council

The Forum was updated on the Youth Council meetings on 30 October 2007 and 5 February 2008. Members noted the Youth Council’s concern that school coursework was inhibiting their involvement in other activities, including volunteering, from which they might gain considerable benefits. It was noted that membership of the Youth Council appeared to have fallen. As the County Council had a youth volunteering programme, there might be value in opening discussions with the County and the Youth Council about a place for volunteering activities for young people within the overall educational programme.

Julian Treves-Brown referred to a Youth Council special event on 21 June at and asked whether arrangements had been made, including transport provision, so that disabled young people could attend this event. He asked for information on it to be sent to day centres and special schools. The Acting Head of Corporate Development replied that the event was being run by the District Children’s Trust Partnership to help to promote the youth offer. He would contact Caroline Tippenat the County Council on this matter and give her Julian’s contact details. He mentioned that youth advocates were involved in the planning of the event and that there were vacancies for more youth advocates to be trained. He agreed to circulate details of this.

Pensioner’s Forum

The Forum was advised on the last Pensioners Forum meeting on 19 October 2007.

ACTION AGREED:-

that the updates be noted

EOF29/07ANY OTHER BUSINESS

Julian Treves-Brown stated that Merchant Taylor’s School and the Royal Masonic Girls’ School were organising a PHAB week from 23-29 March, in which pupils mentored disabled young people. He asked whether they still required disabled participants and if so he would publicise the eventto seek to discover volunteers. The Acting Head of Corporate Development undertook to investigate and pass the information to Mr Treves-Brown.

EOF30/07DATES OF FUTURE MEETINGS

Tuesday 8 July 2008

Tuesday 25 November 2008

Tuesday 3 February 2008.

CHAIRMAN

APPENDIX 1

MATTERS ARISING FROM THE MINUTES: BRIEFING NOTES ON THE DISABILITY DISCRIMINATION ACT AND INDEPENDENT LIVING CENTRES (Minute EOF22/07 refers)

EOF14/07 BRIEFING NOTE in response to question on who is responsible for:

a) ensuring public buildings complied with the Disability Discrimination Act

b) ensuring other buildings comply with the Disability Discrimination Act

a) Public Buildings

1. The responsibility for compliance with the legislation in respect of buildings, from which Three Rivers District Council provides a service to the public, lies with the Council through its responsibility to eliminate discrimination, its general duty as an employer, and its duty to consult disabled people in the design and management of buildings and public spaces in order to ensure that disabled people play a full part in shaping an inclusive built environment.

2. Responsibility for compliance in other public buildings lies with the respective public body that uses the premises for discharge of its duties. This includes premises used by contractors to deliver public services not necessarily owned by the respective commissioning public body.

3 Compliance with the legislation is enforced by an individual. An informal approach can be made using a public services complaints process. In the case of Three Rivers District Council this could be referred on the Local Government Ombudsmen if not satisfactorily answered. Legal compliance is achieved by and individual making a claim against the provider of the service, on the basis that he or she has been discriminated against on the grounds of disability, and that the service provider had failed to make reasonable adjustments to enable the disabled person to make use of the service. The claim would be heard in the County Court.

4 The Commission for Equality and Human Rights gives information and guidance on the legislation and has a strategic enforcement role .

The link to their website is

5 Employees of the Council, or another public body, would have a remedy in employment law through the Employment Tribunal if their complaint was not resolved under the respective grievance procedures.

b) Other Buildings

6. The Responsibility for compliance with this Act lies, in the case of private buildings, with the service provider and there is no duty on Three RiversDC to ensure that owners of private buildings comply with the Act.

7. As with public buildings compliance with the legislation is enforced by an individual. An informal approach can be made using an organisation’s complaints process. Legal compliance is achieved by and individual making a claim against the provider of the service, on the basis that he or she has been discriminated against on the grounds of disability, and that the service provider had failed to make reasonable adjustments to enable the disabled person to make use of the service. The claim would be heard in the County Court.

8 Employees of the private organisation using the building would have a remedy in employment law through the Employment Tribunal if their complaint was not resolved under the grievance procedures.

EOF 19/07 BRIEFING NOTE: Independent Living Centres

1 Independent Living Centres are described by the Department of Health as “grassroots organisations run and controlled by disabled people. Their aims are that disabled people should have control over their lives and achieve full participation in society. They work towards these aims by representing disabled people’s views locally and nationally, and by providing services which promote independent living”.

It is the Government’s intention that each locality (area based on the Council which has responsibility for social services) should have an independent living centre by 2010.

The paper describes the services provided by existing Independent Living Centres as:

“Providing support to make choices and have control:

- support to help people to self-assess their needs

- support to use direct payments

- advocacy and support for self-advocacy

- peer support

- advice and information.

Providing services to meet people’s needs, such as assistance in

recruiting and employing personal assistants, an employment support

project, a supported housing service, a peer support service.

By helping other organisations (in the statutory, voluntary and private

sectors) to provide services which empower people:

- by being consulted or involved in service development and provision

- by campaigning for things like accessible transport and housing.”

The link to the DOH website where information about Independent Living Centres can be found is

2 There is an Independent Living Centre in Hertfordshire – Hertfordshire Action on Disability ( based in Welwyn Garden City. Telephone 01707 324581. Its work is described on its website as “providing innovative affordable practical services for people with disabilities, promoting their independence and well being within the community.”

3 The Team Manager for Elderly and Physical Disability, in the Dacorum, Watford and Three Rivers area Team, Adult Care Services, is Michele Taylor-Rose who would be very happy to have the opportunity to explain to members more about Independent Living Centres.

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