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Equality and Diversity Policy and Scheme 2005-8 (Amended November 2006) Equality and Diversity Policy and Scheme 2005-8 (amended November 2006) Foreword Welcome to our Equality and Diversity Policy and Scheme. As a Council we recognise and are committed to our leading role in promoting equal opportunities and valuing diversity. We are working hard to ensure that women, disabled people, black and minority ethnic communities, lesbians, gay men, young people and older people all have equal access to our services. We have also made progress in developing our workforce to ensure that it better reflects the diverse population we serve. This strategy challenges us to show real improvements in the way that we deliver our services and treat our customers and staff. We have set ourselves new and challenging targets underpinned by an ambitious programme of change and improvement. We have a genuine desire and commitment to this scheme, success will require continued support from members, staff and partners. The benefits of delivering on this commitment will be far reaching ensuring that all our customers experience increased satisfaction from the Council and make Torbay an even better place to live and work and visit. Elizabeth Raikes, Nick Bye, Chief Executive. Mayor. Equality and Diversity Policy and Scheme Contents Executive Summary Equality, Diversity and Inclusion Policies Torbay Council Policy on Equality and Diversity Age Equality Policy Disability Equality Scheme Equality, Diversity and Inclusion in Service Provision Policy Equal Opportunities in Employment Policy Gender and Sexuality Equality Policy Race Equality Scheme Religion & Belief Equality Policy Equality, Diversity and Inclusion Scheme Incorporating the Council’s Race Equality Scheme (as required by the Race Relations [Amendment] Act 2000) Strategy Expected Outcomes Action Plan Appendices APPENDIX 1: Prioritisation of Programme of Review of Existing Relevant Functions and Policies APPENDIX 2: Legislation - The Law and Definitions APPENDIX 3: Equality and Diversity 2006 – Report on Achievements Executive Summary This is a two-part document which aims to: Set out the key values and principles of Torbay Council Promote and demonstrate fairness and equality of opportunity, in the provision of services and employment of staff, for and between: - men and women generally - persons of different religions/beliefs, racial group, age, marital status or sexual orientation - persons of different socio-economic status - persons with a disability and persons without - persons with dependants and persons without Mainstream equality legislation and ensure that due regard is given to address exclusion and inequality experienced by groups that are very small in community numbers Provide a framework for future action to promote equal opportunities and good relations, and eliminate unlawful discrimination within Torbay Achieve measurable progress against agreed targets Create a positive and lasting impact on the Torbay community ‘Mainstreaming’ means the Council has adopted the principles of the Race Relations (Amendment) Act 2000 [as outlined in Appendix 4] and applied this to other ‘equality strands’, using this legislation as a framework to promote equality across all areas. Therefore a similar approach is being used to tackle other areas of inequality including disability, gender, sexual orientation, religion/belief and age. Part One The first part contains the Council’s policies on Equality, Diversity and Inclusion. ‘Policies’ are statements of values and commitments. The policy on Equality, Diversity and Inclusion is overarching. Underpinning this policy are policies for service provision (page) and employment (page). In line with the UK legal framework (present and forthcoming), the Council recognises that consideration needs to be given to particular ‘equality strands’. The following policies are specific to those strands, but the principles are cross-cutting and could be applied to all areas of Equality, Diversity and Inclusion: Age Equality Policy Disability Equality Policy; Gender and Sexuality Equality Policy Race Equality Policy and Scheme Religion & Belief Equality Policy. Part Two The second part contains the Equality, Diversity and Inclusion Scheme. This scheme is in three parts: the ‘Strategy’, ‘Expected Outcomes’ and the ‘Action Plan’. The Strategy explains how we will be putting our Equality, Diversity and Inclusion policies into practice. The Expected Outcomes explain what we are trying to achieve – how things will ‘feel’ or ‘appear’ when we’ve got it right. The Action Plan commits time, activities and people to implement the strategy and policies. Since September 2002 the Council has operated its Race Equality Scheme. The Equality, Diversity and Inclusion Scheme incorporates and updates the original Race Equality Scheme, widening its commitment to other strands of equality including: age, disability; religion/belief; gender and sexuality; We will report on progress annually and update the Scheme at least every three years. The Scheme sets out: how we (‘the Council’) will work with others; how we will plan for equality improvements; those policies and functions identified as relevant to equality; how we will assess and consult on proposed policies; how we will provide access to information and services; how we will monitor and evaluate equality and publish results of its monitoring, assessment and consultation activities; how complaints and compliments will be managed; how we will train staff and ensure the policy is adopted into employment policies and planning. The Council will use the Equality Standard for Local Government as a framework for achieving, integrating and maintaining equality and inclusion. It will use a group of representatives (the ‘Equality Group’) to monitor progress and ensure implementation of the policies and scheme into the day to day work and business planning of the Council. Equality, Diversity and Inclusion Policies Torbay Council Policy on Equality, Diversity and Inclusion This policy is the Council’s overarching commitment to equality and inclusion. “The Council” means all its employees and Members, at all levels. Torbay Council provides services and employment opportunities to the community and recognises that the needs and aspirations of its community must come first. Throughout its work, the Council is committed to being inclusive - valuing and reflecting the full diversity of the community it serves. It will believe and communicate that: - Everyone has the right to be included - Everyone has the right to be treated fairly - Everyone has the right to equality of access In doing so, it will work with its partners and other agencies to alleviate any form of oppression, to eliminate unlawful discrimination in all forms and to promote good community relations. It will develop cultures, policies and practices that recognise and value equality, diversity and inclusion. Through its Charter for Inclusion, the Council is committed to ensuring equal access to its services, by all citizens, on the basis of need. Through its equal opportunities in employment policy, it will ensure equality for its existing and potential workforce, taking positive action to ensure a diverse workforce. It will be the responsibility of every employee or Member of the Council to uphold this policy. Disability Equality Policy and Scheme This policy forms part of the Council’s overall Equality, Diversity and Inclusion Policy and is based on principles of good practice and on the requirements of the Disability Discrimination Act 1995. It is specific to the concerns of disabled people. The Council acknowledges that people who are disabled are not always recognised in society as full citizens, it will therefore work to ensure that disabled people do have the same right of access to employment and services as people who do not have disabilities. Definition of Disability The definition of disability within the Disability Discrimination Act is as follows: A physical or mental impairment which has a substantial and long-term adverse effect upon his or her ability to carry out normal day-to day activities. Disability is not caused by an individual’s particular impairment, but by the way in which society creates barriers which prevent disabled people from exercising their rights as full citizens. The term “disabled people” will be adopted by the Council as the acceptable term to describe this group, thus including people with physical and sensory impairments, learning disabilities and mental distress. This is consistent with the requirements of the Disability Discrimination Act. The Council recognises the right of disabled people to define themselves as experiencing discrimination as a result of their disability or mental distress rather than their disability status being defined through medical or legal definitions. Principles The Council’s principles are based upon the fundamental requirement of the Disability Discrimination Act duty not to discriminate. The Council: As a two-ticks award holder, will guarantee an interview for disabled applicants who meet essential criteria for a post (the desirable criteria does not need to be met). Has developed a detailed document titled ‘Employment of people with a Disability’. This is consistent with the principles contained in this Policy Statement. Is committed to ensuring disabled children and adults have the right to a choice of mainstream educational provision. Is committed to ensuring that disabled people will receive full and equal consideration throughout the whole recruitment process and resources will be allocated to achieve this (e.g. BSL sign language interpretation), ensuring applicants can compete for Council jobs on an equal basis. Is committed to providing reasonable and appropriate equipment and support for disabled employees. Is committed to retaining employees who experience disability in post wherever possible, using the current Human Resources polices of the Council. This could be achieved through measures such as reasonable changes to duties, to the working environment or appropriate retraining leading to re-deployment. Throughout the process the views of the individual employee must be considered. Will consult with disabled people on the accessibility of Council buildings. Will ensure that building and planning professionals have the necessary knowledge to include the access needs of disabled people in building design. Will promote access to information, decision making and means of communication through, for example, the use of appropriate language, tape, Braille, interpretation for hearing impaired people, the Internet, videos, minicoms, advocates etc. Will promote access to other aspects of the built environment over which the Council has control. Will promote the empowerment of disabled people in their representative organisations through its grant allocation policies. Will support services that promote the integration of disabled people into society, and will reflect this principle within its service level agreements and contracts. Ensure allegations of disability discrimination and harassment are handled with sensitivity and a proper investigation is carried out, giving appropriate support to the alleged victim(s), within the context of the definition of institutional discrimination and normal Council policy and procedure. Will ensure that the Council takes a proactive role in promoting the understanding of disability equality issues. Welcomes and encourages applications from disabled people for all vacant positions. Ensure employees are given appropriate training in anti-discriminatory practices and are made aware of their responsibility for the implementation of this policy. Will ensure that in the planning and delivery of its services, Disabled people receive a fair allocation of resources. Each Business Unit will develop plans to demonstrate how this will be achieved. Support and encourage initiatives which are set up and run by representatives of disabled people, and which promote equality of opportunity. Will undertake to consult disabled people and their representative organisations in policy development and the decision-making process which has, or may have, implications for disabled people. [Representative organisations are defined as those who have at least 75% of disabled people on their Management Committees] Will assist operators of transport vehicles in not discriminating against disabled people Ensure that people are aware of the extended protection under the DDA for conditions as soon as they are diagnosed Produce a Disability Equality Scheme showing how the Council will promote equality of opportunity for disabled people. Race Equality Policy and Scheme This policy forms part of the Council’s overall Equality, Diversity and Inclusion Policy and is based on principles of good practice and on the requirements of Race legislation. It is specific to issues around race and ethnicity. The Council will: Provide equal access to employment and services and will not discriminate on the grounds of race, colour, nationality, ethnic origin, cultural background or religion. Ensure employees are given appropriate training in anti-racist practices and are made aware of their responsibility for the implementation of this policy. Ensure the rights and needs of Gypsies and Travellers, Refugees and Asylum Seekers will be recognised. Ensure allegations of racial discrimination and harassment are handled with sensitivity and a proper investigation is carried out, giving appropriate support to the alleged victim(s), within the context of the definition of institutional discrimination and normal Council policy and procedure. Ensure that the Council takes a proactive role in promoting the understanding of race equality issues. Welcome and encourage applications from people from minority ethnic communities for all vacant positions. Ensure employees are given appropriate training in anti-racist practices and are made aware of their responsibility for the implementation of this policy. Ensure that in the planning and delivery of its services, all community groups receive a fair allocation of resources. Each Business Unit will develop plans to demonstrate how this will be achieved. Support and encourage initiatives which are set up and run by representatives of Minority Ethnic Groups and which promote equality of opportunity on racial grounds. Undertake to consult with the community in policy development and the decision-making process which has, or may have, implications for people from Minority Ethnic Groups. Recognise Black History Month (every October) Gender and Sexuality Equality Policy This policy forms part of the Council’s overall Equality, Diversity and Inclusion Policy and Scheme and is based on principles of good practice and on the requirements of Sex (Gender), Sexuality and Gender Re-assignment legislation. It is specific to the concerns of men, women, bi-sexual people, gay men, lesbian women, trans’ people and people who are undergoing or who have undergone gender re-assignment. The Council will: Acknowledge same sex relationships as important as mixed sex relationships and ensure that this is reflected in policy and practice. Address under-representation of women and men in different roles through positive action. Avoid assumptions around gender (for instance, that women are predominantly concerned with childcare, and men are not). Avoid assumptions that everyone is heterosexual. Confront homophobic attitudes, behaviours and language and promote an understanding of individual rights and attributes. Encourage a culture of openness around sexual orientation and gender, whilst maintaining privacy rights. Ensure both men and women have an equal say in the care of their children. Ensure men and women are paid the same for doing work of equal value and take account of gender differences when starting pay is agreed (for instance, women are least likely to ask for a higher salary compared to a man). Improve progression opportunities for part time workers. Support all employees in making personal choices about their parenting, caring and work roles. Value skills developed in the home and community as well as those developed in the workplace. Work in partnership to create a safer place for women, as well as men. The Council now has ‘Guidance on Supporting Employees experiencing Abuse’. Ensure allegations of sex and sexuality discrimination and harassment are handled with sensitivity and a proper investigation is carried out, giving appropriate support to the alleged victim(s), within the context of the definition of institutional discrimination and normal Council policy and procedure. Ensure that the Council takes a proactive role in promoting the understanding of gender and sexuality equality issues. Ensure employees are given appropriate training in anti-sexist and anti- homophobic practices and are made aware of their responsibility for the implementation of this policy. Will ensure that in the planning and delivery of its services, all community groups receive a fair allocation of resources. Each Business Unit will develop plans to demonstrate how this will be achieved. Celebrate International Women’s Day (every March) as a recognition of the continually rising achievements of women in society. Recognise LGBT (Lesbian, Gay, Bisexual and Transgender) History Month (every February). Produce a Gender Equality Scheme as required by April 2007 Age Equality Policy This policy forms part of the Council’s overall Equality, Diversity and Inclusion Policy and is based on principles of good practice and on the requirements of Age legislation and is specific to the concerns of people of all ages and in particular younger and older people. The Council will: Avoid the stereotyping of older and younger people. Ensure a balanced age profile across the workforce. The Council will recognise the contribution that experienced staff can bring as well as develop an effective approach to succession planning to ensure we have the right skills for the future. Ensure older people are provided with opportunities for employment and life-long learning. Ensure that the Council takes a proactive role in promoting the understanding of age equality issues, raising public awareness of age discrimination, challenging the myths which re-enforce ageist stereotypes and cultural practices in today’s society. Not use age as a criteria to restrict access to service (unless it can be objectively justified). Promote older and younger people as active and influential citizens. Provide a retirement policy and scheme that enables choice, support and flexibility. Ensure allegations of age discrimination and harassment are handled with sensitivity and a proper investigation is carried out, giving appropriate support to the alleged victim(s), within the context of the definition of institutional discrimination and normal Council policy and procedure. Ensure employees are given appropriate training in anti-ageist practices and are made aware of their responsibility for the implementation of this policy. Ensure that in the planning and delivery of its services, all community groups receive a fair allocation of resources. Each business unit will develop plans to demonstrate how this will be achieved. Work in positive partnership with individuals, organisations and professional bodies in different sectors, instigating, encouraging and supporting activity to eliminate ageist structures, attitudes and practices. Religion & Belief Equality Policy This policy forms part of the Council’s overall Equality, Diversity and InclusionPolicy and is based on principles of good practice and on the requirements of legislation on grounds of race, religion or belief. It is specific to the concerns of people from different faith communities. The Council will: Ensure cultural and religious festivals, holidays and rights of worship (in relation to its community and workforce) are acknowledged and publicly recognised across the Council. For example, when planning corporate meetings, cultural and religious festivals/holidays are taken into account. Ensure dietary needs are catered for where reasonably practicable. Ensure leave is not unreasonably withheld from staff who may wish to celebrate cultural and religious festivals. There is now specialist Guidance on ‘Time off for Religious Observance’. Not impose dress restrictions that could be discriminatory (unless such restrictions can be objectively justified in terms of meeting a legitimate business aim or safety requirement). Provide facilities on request in order for employees, and those in the care of the Council, to meet their commitments to prayer. Ensure allegations of religious discrimination and harassment are handled with sensitivity and a proper investigation is carried out, giving appropriate support to the alleged victim(s), within the context of the definition of institutional discrimination and normal Council policy and procedure. Ensure that the Council takes a proactive role in promoting the understanding of religious equality issues. Ensure employees are given appropriate training in religion and belief and anti-discriminatory practices and are made aware of their responsibility for the implementation of this policy. Will ensure that in the planning and delivery of its services, all community groups receive a fair allocation of resources. Each business unit will develop plans to demonstrate how this will be achieved. In addition Employees, Members and service users are expected to respect the beliefs of others and not to dominate or devalue other’s belief systems Policy on Equality, Diversity and Inclusion in Service Provision This policy is specific to Service Provision. Torbay Charter for Inclusion Torbay Council will enable all to have fair access to, and enjoy, high quality services which will enrich their lives and help realise their full potential. In order to do this, the Council and its partners will work to: - Promote equality, inclusion and good relations - Reduce disadvantage and poverty - Eliminate unlawful discrimination. At all levels of planning and service provision, the Council will consider all in the community whatever their race/ethnicity, religion and beliefs, gender, sexual orientation, age, disability, language, political or other opinions, or socio -economic status. In Torbay we have identified the following as our priorities: - Children in need - People with disabilities - Those at risk of offending - Those living in poverty - Those who are ‘looked after’, by being in the care of the Council - Those who are transient (those new to, or in, the area for a short time) - Young parents - Young people who are the carers for others in their family Equal Opportunities in Employment Policy This policy is specific to employment. Torbay Council is committed to addressing employment equality in a positive, practical and meaningful way. Through this policy the Council will ensure that: All employees feel confident to raise any concerns about discriminatory practice and we will respond to any dominance or oppression experienced by employees. All relevant policies undergo an Equality Impact Assessment and are fully consulted upon with employee representatives. Allegations of unlawful discrimination and harassment are handled with sensitivity, giving appropriate support to the alleged victim(s). Best practice is achieved in the application of equality in all our recruitment and employment practices. Disciplinary procedures state that unlawful discrimination and harassment are disciplinary offences. Employees are managed fairly and appropriately, ensuring there is no unlawful discrimination on any grounds in terms of employment activities such as work allocations, consultations and communication, development and training opportunities, appraisals, granting of leave, redundancy exercises, or grievance, capability and disciplinary matters. Individuals will be selected for interview, appointed and promoted on the basis of objective criteria, such as job requirements, competencies and performance. Our ‘Equal Opportunities Employment Policy’ is available from Human Resources. Managers and employees are aware of their responsibilities and given information, advice, guidance and training on carrying them out. Our employees are protected from harassment and we will provide an effective response to deal with perpetrators. The ‘Prevention of Bullying and Harassment’ document is available from Human Resources. Our policies and practices promote equality of opportunity and good relations as well as eliminate unlawful discrimination. Our training and development activities will support the Council’s policies on Equality, Diversity and Inclusion and will involve community representatives (such as disabled people or people from minority ethnic communities) in training delivery where possible. Our workforce profiles aim to reflect local and national statistics of economically active people. Positive action is taken to remedy the under-representation of groups of people at all levels and activities in its workforce e.g. with regard to advertising, training, job share, flexible working and career development. The obligations imposed by Legislation and Codes of Practice are complied with. We are committed to ensuring that no employee or potential employee is treated less favourably than another or cannot comply with a provision, criteria or practice (where it cannot be objectively justified in proportion to the legitimate aims of the organisation) on the grounds of: - Age - Disability - Gender - Marital status - Race/ethnicity - Religion/belief - Responsibility for dependants - Sexuality - Any condition or requirement which cannot be objectively justified. Our Recruitment, Pay and Development Policies will ensure this policy is embedded into core employment activities. It is a condition of their employment that all Council employees adhere to this policy and all policies concerning Equality, Diversity and Inclusion. All Job descriptions must state an obligation towards equality of opportunity and anti-discriminatory practice. Human Resources wishes to engage fully with its employees and welcomes suggestions and challenges on how to improve employee relations, policies and practices in the context of Equality Diversity and Inclusion. Monitoring Our employment policies and practices will be kept under review to ensure that they are non-discriminatory and treat individuals equally and fairly. We will involve employee representatives and people with disabilities and from different backgrounds in the monitoring process. Human Resources will monitor and analyse the following in order to ensure effective implementation of this policy, and publish the results of such monitoring annually (within the annual Strategic Plan): - All aspects of the recruitment process, including appointments and promotions - Financial reward/salary levels - Those involved in disciplinary proceedings - Those involved in grievances - Those who apply for training and development opportunities - Reasons for leaving - Those who receive training and development opportunities Individuals will not be identified in such monitoring, and monitoring will be in relation to at least the following: - gender, disability, race/ethnicity and age. We will monitor religion/belief or sexuality if our employee representatives request it. Where analysis of statistical information identifies potential barriers or unlawful discrimination we will review policies and practices, take necessary action, which may include training our managers and employees. All managers are expected to support and assist in the monitoring process. Equality, Diversity & Inclusion Strategy The Council will, in all areas of employment, management, service delivery, policy consideration, resource allocation, planning and review cycles: Accord equally high priority to the promotion of equality, good relations and the elimination of unlawful discrimination as is given to financial, safety and other business priorities Redress the effects of segregation, social and economic disadvantage, marginalisation, prejudice and stereotyping of people, particularly through the language and images it uses Play its part to increase prosperity and reduce poverty It will also: Put in place adequate resources, through financial and human resourcing, to improve equality practice Through equality impact assessments, identify and quickly remove any practices and procedures that disadvantage people Through equality impact assessments, ensure that people’s rights of access (in the widest sense) to all services are established and maintained, taking positive action to redress inequalities and helping those groups at risk of exclusion Work in partnership with service users/carers and employees, involving them in monitoring, consultation, evaluation and planning, pro-actively seeking views of service users on services provided Through effective management and policy, ensure that staff do not abuse power invested in them and challenge any misuse of that power Through information and signage, ensure service users are made clearly aware that they do not have the right to refuse a service from particular members of staff on grounds of race/ethnicity/culture, gender, sexuality, age, disability, religion/belief or anything that would fall within an individual’s Human Rights Working with others The Council will: Work in close partnership with statutory and voluntary agencies and other partners to promote the social, economic and environmental well-being of all people in the community, aiming to enhance their quality of life and ensuring the needs of all in the community are met Work with the local media and other groups on removing attitudes and behaviours in the Torbay community that are racist, homophobic, sexist, ageist, anti-religious (islamaphobia, anti-Semitic etc), or that inflame negative attitudes and behaviours towards people such as transvestites, transgender people, travellers/gypsies, immigrants, refugees, asylum seekers and people with disabilities Identify and remove barriers to participation with its partners Work with others to ensure the public, service users, employees, consultants, contractors, suppliers and partners (including those in the voluntary and community sectors) are able to go about their daily business free from harassment and unlawful discrimination Require the organisations it contracts for services with to develop and implement Equality policies similar to its own, subject to requirements of the 1989 Local Government and Housing Act and Race Relations (Amendment) Act 2000 Ensure consultants, contractors, suppliers and partners (including those in the voluntary and community sectors) are made aware of the Council’s policy on equality Support and encourage initiatives which are set up and run by representatives and groups which raise awareness and promote equality of opportunity and anti-discriminatory practice on grounds of race/ethnicity/culture, gender, sexuality, disability, age or religion/belief etc Put on events that celebrate diversity within its community Planning for Equality Improvements The Equality Standard for Local Government will be used as a basis for the Equality, Diversity and Inclusion Action Plan. The Standard places considerable emphasis on the establishment of key processes within the Council and these are set out as five levels of achievement: Level 1: Commitment to a Comprehensive Equality Policy Level 2: Assessment and Consultation Level 3: Setting Equality Objectives and Targets Level 4: Information Systems and Monitoring against Targets Level 5: Achieving and reviewing outcomes Each year the Council will commit to achieving a level of the standard until Level 5 is reached. The Equality Standard is available on the Council’s intranet. Policy and Service Delivery - Identifying Which Functions and Policies are Relevant to Equality The Council has considered its existing functions and policies as relevant to promoting equality, good relations and eliminating unlawful discrimination. Functions and policies have been considered relevant if they have implications for or could affect equality. Impact Assessments will be reviewed every three years on a rolling basis. Guidance and pro-forma reports for Equality Impact Assessments are available. Assessing and Consulting on Proposed Policies Policies are often adapted and changed to reflect new laws and changing circumstances. The Council has considered how it can build equality into the policy-making process so that the likely effects of proposed policies on different groups can be assessed. This process is known as Equality Impact Assessment. All policy reports must state their relevance to equality and demonstrate what steps have been taken to ensure the promotion of equality and good relations and elimination of unlawful discrimination. Where the assessment indicates that there has been or is likely to be adverse impact on good relations, unlawful discrimination or the denial of equality of opportunity it will identify how the policy should be (or has been) revised in the light of the assessment. This assessment will set a date that will be no longer than three years after the adoption of the policy for a further (monitoring) report that will report on any actual or perceived adverse impact to the promotion of equality and what action has been taken or is proposed. Impact Assessment will be reported to the Council’s Equality Group and Lead Director. Guidance and pro-forma reports for Equality Impact Assessments are available on the Intranet. Providing Access to Information and Services The Council is committed to ensuring that public services work for everyone by making information available about the Council and its services. If people do not know about particular services, are not confident about using them, or meet barriers when they try to use them the Council will be failing in its duty to make its services equally available to everyone and will not be delivering on its own Core Value of providing services which are ‘open, responsive, accessible and accountable’. As part of a review of existing functions and policies, such functions (including the Council’s website) must be assessed for accessibility. Guidelines on communicating with our public have been developed to ensure language and other communication support is provided. All front-line services are expected to sign up to the Translation and Interpretation Service and display information posters in their reception areas. Monitoring and Evaluating Equality Knowledge of community perceptions, the uptake of services provided by the Council and the impact of its policies on different groups will be of assistance in assessing progress towards equality of opportunity. Monitoring will help the Council check whether its operations and culture are discriminating against groups of people. Without monitoring data, there is no reliable way of knowing whether unlawful discrimination is taking place, or whether Council policies to prevent or tackle it are working. We will do this by: Challenging whether the service meets the needs of all sections of the community Comparing how well our services are performing from the point of view of all groups, against other service providers Consulting ensuring qualitative information is brought in to the monitoring process Competing ensuring equality objectives are met and sharing best practice Steering groups can be established to assess the extent of existing monitoring within each of its functions and policy areas that are relevant to equality and provide recommendations for a corporate approach to effective monitoring. A similar group can review and establish effective and strategic consultation mechanisms. In our monitoring forms and databases, we will use categories recommended by the Commission for Racial Equality and used in the 2000 Census as well as a category for “traveller/gypsy”, adding additional categories according to community profiles. All monitoring will comply with the Data Protection and Human Rights Acts. Publishing Results The Council will need to be accountable and aims to make sure that monitoring, assessment and consultation activities, and their results are clear and plain to the public in that: - The Corporate Equality Representative will be responsible for ensuring that policy decisions, summaries of equality impact assessments and outcomes of monitoring/consultation exercises are available. Information will be available in printed form and accessible formats. Information will be readily available on the Council’s website at www.Torbay.gov.uk, published in the annual Best Value Performance Plan (part of the Strategic Plan) and available in Libraries. The Council will inform the general public about the availability of this material through press releases/advertisements in publications that could best target the relevant groups and through the display of public notices and posters. It will also inform relevant voluntary organisations, community groups and representatives. Managing Complaints and Compliments The Council positively welcomes feedback and complaints about any aspect of its work. It also wants to know when it is doing things right so that best practice in service delivery can be shared across the authority. It encourages and welcomes suggestions from staff as well as service users for improvements. Suggestions can be made to the Equality Group via any elected member or equality representative, in writing, by phone (01803 201201 – Switchboard), or e-mail to equality@torbay.gov.uk. The Council also seeks to ensure our employees and service users are free from unlawful discrimination and harassment. We will do this by ensuring allegations of unlawful discrimination and harassment are handled with sensitivity through effective policies and procedures giving appropriate support to the alleged victim(s) and Equality and Diversity Policy and Scheme ensuring investigations are carried out effectively and fairly. We will introduce a Discriminatory Incident Report Form for community-wide use. The Council has a two-stage complaint procedure that aims to deal with all complaints at the lowest possible level within the organisation but with clear steps if the customer remains dissatisfied. The Council is aware that for some sections of the community who experience difficulty in accessing services, the complaints procedure may be similarly inaccessible. The Council will give people the right to a recognised and trained independent advocate to represent their views to the Council in respect of the services they receive if they are unable to represent themselves. Where necessary the Council will fund the training and provision of independent advocates. If a member of the community remains dissatisfied having gone through the Council’s various procedures the Council will advise them of their right to take the complaint to the Local Government Ombudsman and/or the Commission for Racial Equality, Disability Rights Commission, Equal Opportunities Commission or other recognised body. The Council will respond constructively to suggestions on how its complaints procedure may be improved and will work hard to make it accessible to all persons who wish to complain. Employees are provided with a Grievance procedure and Bullying and Harassment procedure with which to raise complaints. Equality Representatives All business units are responsible for ensuring the strategic integration and enforcement of equality compliance into business planning and delivery through target setting. One Strategic Director will have overall responsibility for Equality. One Elected Member will have responsibility for Equality. This member will report back issues to the Executive. The Council will have in place a representative with corporate responsibilities for equality to whom enquiries and complaints can be addressed. This Corporate Equality Representative will be the Council’s representative on Community groups such as TORPAT (Torbay Racist Priority Action Team). Through these groups they will build relations with the community (ethnic minorities, disabled people etc) in Torbay and with other organisations. The Corporate Equality Representative will report back issues and progress of the action plan to the Strategic Directors Management Team. All sections of the Council will be made aware of the role of the Corporate Equality Representative so that where there are difficulties in accessing a service or other discriminatory incidents, callers to the Council can be forwarded to this person. Contact details of the Corporate Equality Representative will be widely publicised in Torbay. Each business unit will also have in place a business unit Equality Representative who will co-ordinate and advise on equality issues within their Directorate. The business unit Equality Representative will be competent in the equality impact assessment process and will maintain a record of all equality impact assessments carried out in the Directorate. The Corporate Equality Lead will co-ordinate an Equality Group of which the Member for Equality, Director with Equality Portfolio and Equality Representatives from Business Units will be members. Equality Groups will be part of the structure of the TSP (Torbay Strategic Partnership) to get an overview and engagement. This group will meet monthly to agree a corporate approach and discuss pre-emptive and responsive matters such as: issues raised by the community, including discriminatory incidents; the progress in effective integration of the Equality, Diversity and Inclusion action plan into the business of the Council; equality impact assessments; best practice; analysis of monitoring statistics. The information collated and recommendations from the Equality Group will be used in the review of the Council’s Equality, Diversity and Inclusion Policy and Scheme. The Corporate Equality Representative will monitor progress of the programme of review and ensure that equality impact assessments are carried out and published. Steering Groups can be used to focus on particular issues such as monitoring, consultation and access. Such groups will also involve the Local Strategic Partnership where appropriate and report to the Equality Group. Training The Council has a responsibility to ensure that its staff and members carry out their roles without discriminating unlawfully and can provide services flexibly and sensitively so that they are responsive to individual needs in the community. It is also committed to ensure that staff with responsibility for equality has the skills they need to promote equality, good relations and eliminate unlawful discrimination. Staff will receive training in: A general understanding of equality issues that affect public authorities including the concept of “institutional discrimination” Anti-discriminatory practice Legal duties including the general and specific duties of the Race Relations (Amendment) Act 2000, mainstreaming them, and why they are important Diversity Awareness and Customer Focus How to carry out equality impact assessments, consultation and monitoring Learning materials will be made widely available across the whole Council through the ‘Diversity Manual’. The Diversity Manual includes the following: understanding institutional discrimination; legislation; equality impact assessments; diversity in Equality and Diversity Policy and Scheme service provision and employment (including language, access, behaviours, diet etc); handling complaints; local and national support and campaign groups; services which provide translation/alternative formats. Using an Organisational Competencies framework which includes Equality and Customer Focus competencies, we will ensure services are delivered in a professional, respectful, non-discriminatory and non-patronising manner by well-trained and courteous staff. Diversity Champions will be nominated in all areas of the Council and they will provide ‘mentoring’ and general guidance to others on equality issues such as accessibility and culture. Information about Diversity Champions will be contained in the Diversity Manual. The Council’s Equality, Diversity and Inclusion Policies will also be incorporated into the induction process for new staff. Employment The Council’s Equal Opportunities Employment Policy will incorporate its statutory duties and obligations, including that for monitoring. The Human Resources Strategy, Business Plan and Policy Plan will indicate how and when it will improve equal opportunities, good relations and anti-discriminatory practice. These documents are available from the Human Resources Business Unit. Breaches of the Policy and Scheme All new job descriptions state that “All staff must commit to Equal Opportunities and Anti-Discriminatory Practice”. Employees must also abide by the Council’s Code of Conduct which states that “an Employee must: (a) promote equality by not discriminating unlawfully against any person; (b) treat others with respect.” Disciplinary action will be taken within agreed Council procedures where this policy, scheme, job description or Code of Conduct, is breached. Expected Outcomes The outcomes are used as a method for evaluating the success of the Equality and Diversity Policy and Scheme. Community Satisfaction Interest in the Council’s consultation exercises has arisen, particularly among minority or ‘hard to reach’ groups Local residents and service users are equally satisfied with the Council as a whole and with individual services and have confidence in the Council People see Torbay as an attractive place to live and work. It has a strong sense of community, based on enthusiasm for diversity and respect for difference The community can access information and services regardless of their culture or race, language, gender, disability, age, sexuality, religion or any other status The community feel welcomed and confident when they challenge the Council on equality matters The Council caters for a wide variety of needs through well designed and flexible services The Council makes decisions openly, and is accountable to the community it serves. The general level of complaints is low and there are no significant differences between complaints from different sections of the community There are no significant differences in service outcomes between groups who use Council services Staff and Members Council staff and Members are aware of and understand diversity and associated needs in the communities they serve and know how to meet them Elected members are representative of the community The are no significant differences in the treatment of staff when reviewed against diversity monitoring data The Council has a good reputation of being a fair employer The Council’s workforce is representative of local and national populations (increase in currently under-represented groups) Leadership Business plans and strategies take account of equality matters Corporate approach to Equality, Diversity and Inclusion is achieved Equality targets are established as part of the RADAR process and driven from the top – down The Leader, Members and Senior Managers have made a public commitment to tackle unlawful discrimination, promote equality and good relations and take a firm and steady lead There is a clear direction of travel with clear and achievable outcomes for the Council Services and Policies Equality Impact Assessments are carried out for all relevant functions and policies and actions required are built into business plans Impact Assessment, including consultation and monitoring, has become an integral part of policy planning, development and decision making Policies and service delivery adopt best practice Results of equality impact assessments, consultation and monitoring are published in appropriate formats and places Steps have been taken to improve policies and functions Satisfactory Best Value Performance Indicators BVPI 2a (level of the Equality Standard achieved) BVPI 2b (the duty to promote race equality) BVPI 11a (percentage of top 5% of earners that are women) BVPI 11b (percentage of top 5% of earners that are from black and minority ethnic communities) BVPI 17 (percentage of local authority employees from minority ethnic communities compared with the percentage of the economically active minority ethnic community population in Torbay) BVPI 156 (percentage of Council buildings open to the public in which all public areas are suitable for and accessible to disabled people) BVPI 53 (intensive home care per 1,000 population aged 65 or over) BVPI 54 (older people helped to live at home per 1,000 population aged 65 or over) BVPI 74 (satisfaction of tenants of Council housing with the overall service provided by their landlord: with results further broken down by i) black and minority ethnic tenants and ii) ethnic categories other than ( i )) BVPI 75 (satisfaction of tenants of Council housing with opportunities for participation in management and decision making in relation to housing services provided by their landlord: with results further broken down by i) black and minority ethnic tenants and ii) ethnic categories other than ( i )) BVPI 164 (does the authority follow the Commission for Racial Equality’s Code of Practice in rented housing and follow the Good Practice Standards for social landlords on tackling harassment included in Tackling Racial Harassment: Code of Practice for Social Landlords') BVPI 165 (percentage of pedestrian crossings with facilities for disabled people) BVPI 174 (number of racial incidents recorded by the authority per 100,000 population) BVPI 175 (percentage of racial incidents that resulted in further action) APPENDIX 1 - Legislation This provides a one-stop round up of all the equality and diversity legislation of which public bodies must be aware: Civil Partnerships Act 2004: Provides legal recognition and parity of treatment for same-sex couples and married couples, including employment benefits and pension rights. Disability Discrimination Act 1995 Outlaws the discrimination of disabled people in employment, the provision of goods, facilities and services or the administration or management of premises. Disability Discrimination Amendment Act 2005 Introduces a positive duty on public bodies to promote equality for disabled people. Disability Equality Scheme to be in place by October 2006 Employment Equality (Age) Regulation 2006 Protects against discrimination on grounds of age in employment and vocational training. Prohibits direct and indirect discrimination, victimisation, harassment and instructions to discriminate. Employment Equality (Religion or Belief) Regulation 2003 The directive protects against discrimination on the grounds of religion and belief in employment, vocational training, promotion and working conditions. The Employment Equality (Sex Discrimination) Regulations 2005 Introduces new definitions of indirect discrimination and harassment, explicitly prohibits discrimination on the grounds of pregnancy or maternity leave, sets out the extent to which it is discriminatory to pay a woman less than she would otherwise have been paid due to pregnancy or maternity issues. Employment Equality (Sexual Orientation) Regulation 2003 The directive protects against discrimination on the grounds of sexual orientation in employment, vocational training, promotion, and working conditions. Equal Pay Act 1970 (Amended) This gives an individual a right to the same contractual pay and benefits as a person of the opposite sex in the same employment, where the man and the woman are doing: like work; work rated as equivalent under an analytical job evaluation study; or work that is proved to be of equal value. Equality Act 2006 Establishes a single Commission for Equality and Human Rights by 2007 that replaces the three existing commissions. Introduces a positive duty on public sector bodies to promote equality of opportunity between women and men and eliminate sex discrimination. Gender Equality Scheme to be in place by April 2007 Protects access discrimination on the grounds of religion or belief in terms of access to good facilities and services. Equal treatment and framework Directive 2000 The purpose of this Directive is to lay down a general framework for combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation,. Human Rights Act 1998 guarantees a range of political rights and freedoms of the individual against interference by the State: right to life of their citizens, not torture, give inhuman or degrading treatment, press them into enforced labour, deprive them of their liberty without due process and compensation, deprive them of access to justice or a fair trial. Individuals' rights to privacy, freedom of religion, expression, association and assembly, to marry and found a family, may not be infringed without proper justification. Gender Recognition Act 2004 The purpose of the Act is to provide transsexual people with legal recognition in their acquired gender. Legal recognition follows from the issue of a full gender recognition certificate by a gender recognition panel. Protection from Harassment Act 1997 Introduces four new criminal offences: preventing harassment, causing fear of violence, breaches of civil injunction or restraining order. Race Relations Act 1976 The Act prohibits discrimination on racial grounds in the areas of employment, education, and the provision of goods, facilities, services and premises. Race Relations Amendment Act 2000 Places a statutory duty on all public bodies to promote equal opportunity, eliminate racial discrimination and promote good relations between different racial groups. Race Equality Schemes to be produced from 2002 and reviewed every three years. Race Relations Act 1976 (Amendment) Regulation 2003 Introduced new definitions of indirect discrimination and harassment, new burden of proof requirements, continuing protection after employment ceases, new exemption for a determinate job requirement and the removal of certain other exemptions. Racial and Religious Hatred Act 2006 The Act seeks to stop people from intentionally using threatening words or behaviour to stir up hatred against somebody because of what they believe. Rehabilitation of Offenders Act 1974 Allows people to start with a clean slate after they have paid their debt to society, but provides for exceptions to this general principle. Sex Discrimination Act 1975 The Act makes it unlawful to discriminate on the grounds of sex. Sex discrimination is unlawful in employment, education, advertising or when providing housing, goods, services or facilities. It is unlawful to discriminate because someone is married, in employment or advertisements for jobs. Source IDeA and others12/09/2006