Equality and Human Rights Commission

Resource, Performance and Risk Report Period 7, October 2011

Board Version(final version to be shared with Home

Office)

Authors: Philip Mabe, Linda Wike Document classification: Restricted

1

Contents

2Restricted

3

1a. Overview of the current financial position

Restricted

4

1b. Overview of current performance The Board is asked to note that in October the Commission has:• Submitted our response to the Bill Of Rights consultation on the 11th November.• Published guidance in conjunction with the Care Quality Commission for care inspectors on equality and human

rights.• Met with the Joint Committee on Human Rights (JCHR) to discuss the plans for the Commission’s reform, 2012-2015

strategic plan and progress on our Inquiries. • Published the report of the Section 31 assessment into the Scottish Government (‘Better Policy, Better Lives’).• Launched the ‘Digital Accessibility: Web Essentials’ accredited course, developed in conjunction with market

leaders, at a parliamentary reception hosted by Microsoft• Received confirmation from the Home Office in early November for the continuation of the Strategic Grants funding

into 2012/13.• Begun formal review of the progress made by the Meat and Poultry processing sector in improving employment

practices following on from our Inquiry on the treatment of agency and migrant workers. • Written to 41 police forces in England requesting data on how s60 stop and search powers are being used following

a threefold increase in the last 2 years. • Published research highlighting how public authorities can improve the way they tackle targeted violence.• Hosted ‘Fairness, Justice and Human Rights: Realising Economic, Social and Cultural Rights in the UK’, a human

rights symposium in partnership with Just Fair, Law Society of England and Wales and the Human Rights Centre (University of Essex).

• Secured Home Office approval for:― proposed changes to the senior level organisational design and has undertaken the 30 day consultation which closed on the 11th

November.― a Voluntary Exit Scheme and Voluntary Redundancy Scheme in 2011/12;― the process of appointing a Change Director in support of our transformation programme

• Obtained Ministerial approval for our unqualified 2010/11 annual report and accounts.

Restricted

5

1c. Forward look (Third Quarter)The Board is asked to review work scheduled for completion during the third quarter:

• Publish and launch report of the inquiry into the human rights of older people receiving home care on the 23rd November.

• Publish and launch the report of the inquiry into human trafficking in Scotland on the 28th November.

• Publish the report of the Section 31 assessment of the Treasury in the spending review on the 19th December.

• Submission to the Universal Periodic Review of the United Nations in advance of the State examination in May 2012.

• Publish summary versions of non statutory guidance for the public sector equality duty in January.

• Outcome of the appeal in the case of Preddy and Hall v Bull which was reserved on November 8th.

• Launch of Equality guidance for local Government procurement officers December.• Laying of our annual report and accounts before Parliament on 24th November.

Restricted

The Board is asked to note the following issues:• The Commission is still awaiting formal confirmation of its procurement delegations.

Engagement with Home Office/GEO is continuing as part of developing the Framework Agreement.

• As a result of the move towards using Home Office contractual arrangements and the transition of the Helpline service to another provider, the Commission has sought Home Office approval for two Single Tender Actions (STA)s in excess of £50k. Approval has been received for one of these STAs.

– The first related to the extension of a contract with SITEL for publications, covering the period while we transfer to new Home Office contractual arrangements. Delays in the transfer to Home Office arrangements, which is now complete, have led the Commission to incur costs in excess of £50k. Without approval such payments would be deemed irregular. The Commission is awaiting Home Office approval of the STA.

– The second STA related to the extension of a contract with Oracle for software to support the Helpline. The Home Office advised they had been delayed in establishing a replacement for the Helpline. The STA was required to cover the extended period arising from the delay. Approval has now been received.

• The Commission currently has no technical support for its financial systems following the expiry of a contract. We had been advised that we could obtain support from a supplier to the Home Office, through a HO contract, however Logica have declined to provide the service leaving us without technical support. The Home Office have agreed that we should run a competition for the service and we are doing so urgently.

• The Commission submitted two requests for approval by the Home Office Consultancy and Contingent Labour Board (CCLB).

– The first relates to consultancy expenditure to develop a National Equality Standard. A revised business case is expected to be submitted shortly by the GEO to the Permanent Secretary of the Home Office for final approval.

– The second for additional leadership capacity to support the Change Programme which has been approved by the CCLB.

6Restricted

• When the Commission’s 2010/11 accounts are laid before Parliament, the Comptroller and Auditor General is expected to comment adversely on the Commission’s dependency on interim staff and its need to continue to develop a culture of compliance.

• The Commission is still awaiting ministerial views on the governments consultation on the EHRC reform to inform the development of our strategic plan and organisational change agenda.

• The Commission continues to work with the Home Office to agree the timetable for the transfer of the Helpline, the Home Office have now gone out to tender for the service.

• The SMT has agreed improved financial controls over legal casework. These have been reported to the Resource and Audit and Risk Committees.

• Working with the Home Office to understand the legal position relating to procurement of shared services.

7Restricted

2a. EHRC financial summaryKey points• Overall resource forecast remains at

£46.5m which includes an increase of £0.6m for legal casework and a reduction in transformation costs of £1.2m.

Control Total

 Current Status  

Last Month

       Resource G   G     Administration G   G       Capital G   G       Annually Managed Expenditure G   G       Estimate: Net Resource Requirement G   G       Estimate Cash Requirement G   G

Forecast Spending. (Full Year)

  £000s Budget1 Forecast Change on last month Variance   Reason for variance

Resource        

Administration £38,000 £37,087 £26 £913

Programme£9,900 £9,947 £39 -£47

Income -500 -534 -68 £34

Total Resource £47,400 £46,500 -£3 £900

Capital £1,500 £1,465 -39 £35

Annually Managed Expenditure £0 -£1,116 £0 £1,116

81 Budget reduction of £73k arising from breach of 2009/10 pay remit has not yet been formally notified. Restricted

2b. Total resource spend by group directorate

9Notes: 1. Movement in forecast since last month 2. Transformation costs are phased towards year end

£000s

Year to Date Full Year  

Budget Actual Variance Budget Forecast Movement1 VarianceIncome administration -£285 -£319 £34 -£500 -£534 -£68 £34Income Programme £0 £0 - £0

Income sub total -£285 -£319 £34 -£500 -£534 -£68 £34Administration Expenditure: Administration Expenditure:

Legal £1,750 £2,173 -£423 £3,379 £3,704 £598 -£325Regulation £3,712 £3,186 £526 £7,084 £6,206 £132 £878Intelligence and Engagement £2,059 £1,990 £69 £3,439 £3,311 -£70 £128Corporate Management £7,908 £8,141 -£233 £13,636 £14,827 £652 -£1,191Commissioners Office £763 £770 -£7 £1,364 £1,286 £1 £78Scotland £908 £839 £69 £1,567 £1,484 -£16 £83Wales £755 £669 £86 £1,258 £1,185 -£49 £73Statutory Committees £144 £103 £41 £335 £273 -£9 £62Transformation2 300 2 £298 £5,938 £4,811 -£1,213 £1,127

Administration sub total £18,299 £17,873 £426 £38,000 £37,087 £26 £913

Programme Expenditure:       Programme Expenditure: Grants £3,704 £3,704 £0 £6,217 £6,216 £0 £1Helpline £1,294 £1,243 £51 £2,184 £2,156 -£27 £28Legal casework and mediation £1,102 £1,035 £67 £1,499 £1,575 £66 -£76

Programme sub total £6,100 £5,982 £118 £9,900 £9,947 £39 -£47Total Resource £24,114 £23,536 £578 £47,400 £46,500 -£3 £900

Restricted

2c. Resource spend by group directorate – Key points

Resource summary• YTD and the full year forecast programme expenditure remains broadly consistent

with the budget. • YTD administration expenditure is 38% of the full year budget and the full year

forecast under spend remains at £0.9m.

Resource - administration • YTD workstream expenditure is approximately 40% of the full year budget of

£4.9m. The forecast full year under spend is approximately £0.6m.• Most significant areas of workstream underspend by value are:

– Implementation of the Equality Act (£0.3m)– Development of regulatory tools & standards (£0.17m) – Monitoring & assessing public bodies (£0.12m)– Setting human rights standards in Britain (£0.1m)

10Restricted

2d. Capital spend

Key points• Capital spend for the year to date is £1.38m, of which £1.3m has been

incurred on the refurbishment of Arndale House.

Spend by key project

£000s

Year to Date Full Year

Budget Actual Variance Budget ForecastMovement in  Period Variance

Arndale Refurbishment£1,334 £1,334 £0 £1,334 £1,334 £0 £0

IT Infrastructure £0 0 £0 £81 £46 £0 £35

CRM stakeholder1

£46 £46 £0 £85 £85 £0 £0

Total £1,380 £1,380 £0 £1,500 £1,465 £0 £35

Note:1. CRM expenditure is assumed to be capital, this position will be reviewed when the project is completed in order to ensure compliance with accounting standards. 11Restricted

2e. Statement of financial position (Second Quarter) £000s Mar-11 Jun-11 Sep-11 Dec-11 Mar-12

Non-current assets:          

Property, plant and equipment £2,012 £2,147 £2,807   Intangible assets £223 £197 £172   Total non-current assets £2,235 £2,344 £2,979 0 0Current assets:         

Receivables  £1,572 £1,383 £1,160   

Cash  £5,487 £4,006 £1,890   

Total current assets £7,059 £5,389 £3,050 0 0Total assets £9,294 £7,733 £6,029 0 0Current liabilities:         Provisions £1,619 £1,652 £1,812   Payables  £6,732 £6,949 £5,214   

Total current liabilities £8,351 £8,601 £7,026 0 0

Non-current assets less net current liabilities £943 -£868 -£997 0 0

Non-current liabilities:         

Payables  £247 £277 £308   Pension Liabilities £1,444 £1,444 £1,423   Provisions for liabilities and charges £1,850 £1,693 £1,297   Total non-current liabilities £3,541 £3,414 £3,028 0 0Assets less liabilities -£2,598 -£4,282 -£4,025 0 0

Taxpayers' equity:         

General fund -£2,776 -£4,460 -£4,200   Revaluation reserve £178 £178 £175   Total tax payers equity -£2,598 -£4,282 -£4,025 0 0As with other NDPBs, our Annual Report and Accounts includes a Going-Concern statement of support from our sponsor department.

12Restricted

2f. Discretionary Expenditure: austerity tracker

Spend by category £s YTD YTD Variance % RAG 2010/11 2011/12      

Consultancy £374,719 £30,884 £343,835 92% G

Contingent Labour £4,557,075 £2,541,711 £2,015,364 179% G Overseas Expenses £0 £504 -£504 -0% RPlanes, Trains & Autos £281,617 £197,780 £83,836 142% G

Hotels £54,976 £54,070 £906 102% GSubsistence £17,428 £5,503 £11,925 317% G

Mileage Claims £6,552 £4,587 £1,965 143% G

Taxis £40,614 £7,6531 £32,961 531% G

Office Overheads £116,725 £61,122 £55,603 191% G

Printing & Publications £90,240 £78,506 £11,734 115% G

Training & Recruitment £344,934 £160,853 £184,081 214% G Conferences £166,617 £102,365 £64,252 163% G

Hospitality £1,646 £524 £1,122 314% G

Catering Services £15,884 £11,280 £4,604 141% G Total £6,068,734 £3,257,342 £2,811,685 186% G

13Restricted

1. Note – excludes taxi costs associated with reasonable adjustments

3a. Workforce (current position)

Workforce and turnover

Category Workforce plan at end March 2012(Subject to new OD )

Year to Date Actual

as at 1st April 2011

as at 31st Oct 2011

Variance

Employees / staff on EHRC payroll2

415.8 362.9 -52.9

Interim 34.6 25.0 -9.6

Total FTE   450.4 387.9 -62.5

Total with vacancies 461.9 390.9 -71.0

Annualised Staff Turnover 

2010/11 2011/12

10.57% 7.0%1

  FY Budget staff and interims: £27,586

Spend by Area Year to Date Full YearForecast  Actual Variance Budget Forecast 

£000s  Staff Pay Contingent Labour

Staff Pay Contingent Labour

Staff Pay Contingent Labour

Staff Pay Contingent Labour

Staff Pay Contingent Labour

Legal £1,745,402 0 £1,750,848 0 -£5,446 £0 £2,971,141 0 £3,022,716 0Regulation £2,500,441 £445,819 £2,398,772 £394,245 £101,669 £51,574 £4,235,635 £473,052 £3,982,334 £463,965Intelligence and Engagement £2,454,685 £491,899 £2,348,530 £468,700 £106,155 £23,199 £4,210,945 £570,745 £4,009,712 £684,502Corporate Management £2,278,506 £1,767,053 £2,293,099 £1,678,766 -£14,593 £88,287 £4,204,472 £2,022,300 £4,041,812£2,755,982Commissioners Office £730,802 0 £734,548 0 -£3,746 £0 £1,268,747 £0 £1,216,987 £0Scotland £734,862 0 £717,776 0 £17,086 £0 £1,244,388 £0 £1,209,234 £0Wales £676,358 0 £646,264 0 £30,094 £0 £1,143,702 £0 £1,092,235 Statutory Committees £27,910 0 £35,661 0 -£7,751 £0 £24,000 £0 £71,461 £0Transition3 £0 0 £0 0 £0 £0 £5,122,698 £94,945 £4,110,000 £0Total £11,148,966 £2,704,771 £10,925,498 £2,541,711 £223,468 £163,060 £24,425,728£3,161,042 £22,756,491£3,904,449

1 Excludes 41.2 FTEs / 45 leavers who left at the end of June 2011 under the VES scheme2 Based on Cabinet Office and ONS guidelines for FTE calculations 3. Transition staff forecast includes VES/VER costs 14Restricted

3b.Workforce – forward plan

By Directorate

Total workforce 

Baseline Total 1

April

Total1

Prior month

Employees / staff on

EHRC payroll1

Interims Total 

Current month 

SMT approved vacancies to recruit2

Total Including Vacancies

Workforce plan projection

Variance, pressure/ headroom

FTEsas at 1st April 11

as at 30th Sept 11 as at 31st  October 11  To end of 

Mar-12

Legal 69.6 57.7 57.7 0.4 58.1 58.1

Subject to new

OD

Subject to new

OD

Regulation 62.9 52.4 49.5 5 54.5 1 55.5

Intelligence & Engagement

135.0 119.4 119.3 4 123.3 123.3

Corporate Management

74.9 75.3 75.3 15.6 90.9 2 92.9

Scotland 31.1 26.1 26.1 26.1 26.1

Wales 27.3 24.0 23.0 23 23.0

Commissioners Office 15 12 12.0 12.0 12.0

Total 415.8 366.9 362.9 25 387.9 3 390.9

1 Based on Cabinet office guidelines for FTE calculations 2 Excluding vacancies approved to be recruited to replace interims. 15Restricted

3c.Workforce – Key financial pointsStaff pay, core and associated costs • Year to date under spend is £0.22m as a number of vacancies are held pending recruitment. This

trend is expected to result in a full year under spend of £1.7m against budget.

Contingent labour• The year to date under spend on interim and agency staff is £0.16m. This is mainly due to holidays

not being recognised in the budget. • The full year forecast shows an overspend of £0.74m against budget. The increase is due to a

planning assumption that all interims would exit the Commission by September. The full year forecast expenditure is consistent with the plans for the reduction of interims submitted to the Home Office CCLB.

Labour turnover• Excluding the 41.2 FTE VES leavers in June 2011, annualised staff turnover is 7.0% for the last 12

months compared with 10.57% for the previous 12 months• We expect annualised turnover to remain low pending the implementation of the new Organisational

Design.• Total workforce, excluding vacancies, has reduced by 62.5 FTEs in the period since April 2011.

Reductions will continue over the next few months with planned exits of interims and staff on fixed term contracts.

• The increase in Corporate Management staff numbers since April includes the formal transfer in of Legal Grants staff and the establishment of the Reform team.

16Restricted

4a.Operational performance: business plan key objectives status

The Board is asked to note the overall RAG status of the business plan objectives.

ObjectiveDeliverable

RAG Status

Full Year £000

Budget Forecast Variance

1. To make the equality act easier to understand A 2,792 2,439 353

2. To promote human rights and raise awareness G 1,910 1,645 265

3. To improve equality and human rights outcomesAdministrationProgramme

G 4,208 5,087 -879

9,900 9,947 -47

4. To build our evidence base for effective regulation G 4,337 3,869 468

5. To ensure that the economic recovery is fair and equal A 1,008 812 196

6. To reform the Commission A 7,538 6,098 1,440

Subtotal 31,693 29,897 1,796

Corporate Management 6,843 7,941 -1,098

Overheads 9,364 9,128 236

Income (500) (466) (34)

Total 47,4001 46,500 900

1 Budget reduction of £73k arising from breach of 2009/10 pay remit has not been included.

17Restricted

4b. Objective: To make the Equality Act easier to understand

18Restricted

4c. Objective: To make the Equality Act easier to understand

19Restricted

4d. Objective: To promote human rights and raise awareness

20Restricted

21

4e. Objective: To promote human rights and raise awareness

Restricted

4f. Objective: To promote human rights and raise awarenessDeliverable and milestones Plan 

Start Date

Plan End Date

Forecast end date

RAG Highlights, issues and risks

3. Contribute evidence to setting human rights standards at home and abroad

3.1 Submit authoritative reports to the UN on the UK’s compliance with treaty obligations in-line with UN Committee examination timetable (S9.1)

Apr 2011

Mar 2012

Mar 2012

G • CAT: State Report has now been received, reviewed and analysed. Roundtable discussion event arrangements with first-tier stakeholders, progressing well.

• CERD: Arrangements are being made to follow-up the concluding observations with the Race Minister at DCLG

• CEDAW: External advisory meeting held on 5th October, attended by range of experts and key stakeholders, chaired by Commissioner Kay Carberry. Women only services research specification drafted and awaiting approval.

3. Contribute evidence to setting human rights standards at home and abroad

3.2 Develop and implement action plan in relation to the Universal Periodic Review (UPR) (S9.3)

Apr 2011

Sept 2011

TBD A • Consultation and awareness raising complete (not including Scotland).

• Delivery plan for UPR approved by Regulatory Committee.

4. Provide authoritative advice on human rights

4.1 Complete and publish citizenship and Human Rights course materials for secondary schools to develop young people as human rights 'auditors' of the future (S11.7)

Apr 2011

Sept 2011

Achieved G • Equal Rights, Equal Respect’ key stage three, equality and human rights teaching resources launched on the 28th September.

• Webinar (on-line seminar and training event) took place on 2nd November 2011, to a very high standard, with high numbers of participants.

22Restricted

4g. Objective: To improve equality and human rights outcomes

23Restricted

4h. Objective: To improve equality and human rights outcomes

24Restricted

4i. Objective: Build the evidence base for effective regulation

25Restricted

4j. Objective: Build the evidence base for effective regulation

26Restricted

4k. Objective: Ensure that economic recovery is fair and equal

27Restricted

4l. Objective: Ensure that economic recovery is fair and equal

28Restricted

4m. Objective: Ensure that economic recovery is fair and equal

29Restricted

4n. Objective: To reform the Commission Deliverables and milestones Plan 

Start Date

Plan End Date

Forecast End Date

RAG Highlights, issues and risks

1. Deliver the 2012-15 strategic plan

1.1 Phase 1: Consult on the 2009-12 Strategic Plan and respond. (F1.3)

1.2 Phase 2: Consult on draft strategic aims 2012-15 & respond (F1.3)

1.3 Phase 3: Publish and consult draft Strategic Plan for 2012-15 (F1.3)

Jun 2011

Sep 2011

Feb 2012

Sept 2011

Dec

2011

Mar 2012

Complete

Dec 2011

Mar 2012

G

A

• Phase 1 consultation completed and response published on 17th October.

• Phase 2 launched on 11th October.• Stakeholder event in partnership with Arts and

Humanities Research Council and Human Rights Consortium at University of London held on 24th October.

• Consultation with Joint Committee on Human Rights completed 2nd November

• 5 stakeholder focus groups completed• Commissioner seminars being organised for Nov/Dec

2. Deliver a new organisational design (OD) to support the strategic plan, meeting all requirements of good practice for consultation 

2.1 Publish final Organisational Design and recruit to all posts (F3.1)

2.2 Complete VE/VR/CR processes (F3.5)

Apr 2011

Mar 2012

Mar 2012

A

A

• Consultation on senior level OD commenced on the 13th October, with implementation by 1st April 2012.

• Early consideration of organisational wide OD on appointment of SMT in Q4.

• Home Office and Cabinet Office have approved VE S /VER scheme in 2011/12

3. Deliver response to HMG consultation and implement any changes to powers, duties and accountability which follow

3.1 Respond to HMG announcement, agree implementation plan (F2.3)

3.2 Deliver smooth operational transition for helpline and grants (F3.2)

Dec 2011

Mar 2012

G

A

• Awaiting Government response.• Working with GEO to prepare for transitioning of

Helpline to another provider. GEO announced project slippage into early 2012/13, possibly August 2012.

• Awaiting HO/GEO decision on continuation of some grants funding for 2012-13.

• Working with GEO to manage the cessation of the majority of the grants @ 31st March 2012 (pending Ministerial decision) 30Restricted

4o. Objective: To reform the Commission Deliverables and milestones Plan Start 

DatePlan End Date

Forecast End Date

RAG Highlights, issues and risks

4. Develop target operating model for implementation with new OD

4.1PPM methodology & training implemented4.2 Intelligence & information strategy agreed4.3 New technology strategy agreed (F3.4)

Jun 2011 TBD R • New Change Board established and governance structure agreed

• Operating model work will be established as part of change programme

5. Alternative sourcing plan agreed and ready for implementation

5.1 Forward plan on future sourcing of Corporate Services agreed for implementation (F5.1)

Sept 2011 Completed G • Phase 2 commenced with 3 sub-projects established: efficiency, requirements and pre-transition.

• Working with Home Office to establish governance and co-ordinated approach to shared service provision.

31Restricted

5a. Major projects status

32Restricted

5b. Major projects status

33

Project Main achievements in the last month

Main activities in the next month Issues facing the project

Disability Harassment Inquiry

End date: Sep - 11

Forecast :Sep - 11

RAG: N/A

Trend N/A

• Report published and launched with significant positive coverage.

• Some indications that sentencing guidelines may be revised as a result.

• Continuation of follow up work including engagement on the recommendations and production of ‘Manifesto for Change’.

• None identified.

Restricted

5c. Major projects status

34Restricted

5d. Major projects status Project Activity and achievements in

the last monthMain activities/ highlights in the next month

Issues facing the project

Human Rights Review

End date: Dec - 11

Forecast : Jan - 12

RAG: A

Trend:

• Re-drafting process underway and two new chapters completed in the new format.

• Passed to external quality assurance and MoJ

• Additional writing/editing capacity commissioned.

• Good practice case studies being researched and drafted

• Completion of chapters and process through internal approvals

• Finalisation of case studies• Consultation on content across

government• Review of launch strategy.

• Decision taken to delay Human Rights Review publication to allow for better cross government engagement

35Restricted

NoneDeliverable timelines have been refreshed for delivery Q4 and later.

Schedule impact Cost impact

S001

S001

S001

£20,000None

F005

Ref Workstream Change

Codes of Practice and Guidance

S001Evaluation of Equality Act provision on pre-employment questionnaires, cost increase for risk.

5g. Change control

Amendment of deliverables and timelines for F005

Infrastructure Programme

Change control requests agreed by SMT for noting by Board.

36Restricted

Measure 10/11 outturn

Full year target

YTD actual

RAG Trend

Disciplined delivery: delivery of high-impact interventions and grant funded programmes

Total number of new strategic legal actions 66 TBC 20 N/A

Success rate of completed strategic legal actions 87% 70% N/A N/A

Total number of pre-enforcement actions allocated for consideration

157 TBC 62 N/A

Total number of S27 cases referred to the Conciliation Service 59 60 24 R

% of S27 cases concluded resulting in full and final settlement 86% 70% 67% G

% of satisfactory monitoring reports received from grant recipients [of those received]

100% 100% 100% G

6a. Operational Key Performance Indicators Delivery of high impact interventions and grant funded programmes

Note: These measures were set as part of the 2009-12 strategic plan and targets refreshed in April 2010.

37Restricted

Measure 10/11 outturn

Full year target

YTD actual

RAG Trend

Delivering excellence in advice, guidance and information

% of letters and emails answered within 5 days service standard

95% 85% 98% G

% of all calls presented to the helpline service answered 84% 85% 94% G

Number of calls to the specialist legal advice line 118 >120 19 R

Number of unique visitors to website 1m >0.8m 1.1 G

Number of visitors to the website 1.4m >1.1m 0.64 G

Number of complaints received 72 <75 32 G

Number of complaints acknowledged within 5 working days 68% 90% 96% G

Number of complaints responded to within 20 working days 91% 90% 97% G

6b. Operational Key Performance Indicators Delivering excellence in advice, guidance and information

38Restricted

10/11 outturn

Full year target

YTD actual

RAG Trend

Authoritative and responsive: high performing organisation

Number of Freedom of Information (FoI) requests received 150 <150 108 R

% of FoI requests responded to within the statutory deadlines 86% 100% 98% G

Number of Data Protection Act (DPA) requests 38 <40 18 G

% DPA requests responded to within the statutory deadlines 78% 100% 86% A

Complaints upheld by the Information Commissioners Office 1.4% <2% 0 G

% staff attendance at training events 82% 90% 71% R

% of staff satisfied that the training objectives were met 97% 80% 91% G

% staff turnover excluding VES (Financial Year) 9.7% 10% 4.04% G

Staff days lost to illness per FTE 11 <9 5.8 A

6c. Operational Key Performance Indicators Authoritative, responsive and high performing organisation

39Restricted

7a. Strategic RisksIncludes a summary of the detailed risk register as at the end of October, which was reviewed by the Audit and Risk Committee at its meeting on the 10th November.

Risk of the ineffective relationships and arrangements with the HO/GEO/Central Government adversely affecting the organisation’s ability to deliver its outcomes.

Risk 1. Score: 7.91Likelihood: 2.26Assessed impact: 3.50

Risk that external factors impact adversely on the effective delivery of the Commission’s mandate.

Commission does not have the necessary powers and duties to undertake its role as an NHRI and EU equality body.

Failure to reform the EHRC

Failure to develop a Strategic Plan 2012-15

Over reliance on interim staff

Risk 3. Score: 7.50Likelihood: 2.50Assessed impact: 3.00

Risk 4. Score: 6.93Likelihood: 2.17Assessed impact: 3.20

Risk 5. Score: 6.34Likelihood: 2.00Assessed impact: 3.17

Risk 6. Score: 6.05Likelihood: 2.14Assessed impact: 2.83

Risk 2. Score: 8.50Likelihood: 3.00Assessed impact: 2.83

Risk priority Detail

40Restricted

Actions overdue

0

0

0

0

0

1

7b. Financial and procurement risks

Key risks to 2011/12 finances are set out below. These risks have not been factored into forecasts. If they crystallised, they would contribute to an (under)/over spend.

Value

LikelihoodProximity

Delegated financial authority: Working with Home Office on the introduction of Home Office spending controls. Financial delegations received and procurements delegations still awaited.Mitigation: Close working with the Home Office

Retrospective POs: Incidence of retrospective POs cumulatively to October is 21% hence potential understatement of actual financial commitments which undermines reporting & forecasting.Mitigation: All instances of retrospective POs reported to SMT. Withdrawal of financial delegation.

Programme expenditure start-up. Limited information available from programme boards on plans and profiled spend. Mitigation: Boards to provide plans

Significantunder spendHighMarch 2012

Value

LikelihoodProximity

Significant under spendMediumMarch 2012

ValueLikelihoodProximity

£1.8m over spendMediumMarch 2012

Voluntary Exit: Agreement awaited for voluntary exit scheme that is budgeted to reduce staff numbers by 75 in March 2012.Mitigation: Opportunity to utilise surplus funds to close out redundant property leases.

Value

LikelihoodProximity

£0.8m under spendMediumMarch 2012

41Restricted

Introduction• This cover the period between July and September 2011. There

were 975 articles during this period.

• 365 articles were favourable, 482 were neutral in tone and there were 128 unfavourable articles.

Key drivers of coverage• The ‘Hidden in Plain Sight’ report points to systematic institutional

failure to recognise and deal with the issue. Stephen Otter, Chief Constable of Devon and Cornwall police, is quoted in Disability Law Service, suggesting that police need to learn from the report..

• A report from the Commission warns that current privacy laws are failing to stop breaches of data privacy and are not keeping pace with the growth in data collection.

• The Commission’s proposed interventions in cases involving alleged religious discrimination generated significant coverage in LBGT and Christian media.

Focus areas• ‘Equality/Discrimination’ issues were discussed in almost two-thirds

of coverage (65%), a huge increase on last quarter where this focus area comprised 33% of all articles.

• 34% of Equality/Discrimination coverage was favourable, a key driver being a suggestion by the EHRC who say that judges have interpreted the law “too narrowly” in high-profile religious discrimination cases and that it is planning to intervene after four claims were taken to the European Court of Human Rights.

• Unfavourable Equality/Discrimination coverage (72 articles) continued to include criticisms from religious groups. The Commission’s commitment to protect religious liberty was called into question by Christian, The publication notes that the Commission’s reputation among Christians is already low following a number of anti-Christian interventions.

Message delivery• 48% of coverage this quarter delivered at least one message,

compared to 59% of coverage last quarter.

• ‘An authoritative and responsive organisation’ was delivered in 35% of coverage (337 articles), particularly within coverage about the ‘Hidden in Plain Sight Report’. Calls for the Commission to publish regular progress reports, as well as the positive reaction to the study into disability harassment, helped deliver this key message.

• Delivery of the message ‘Provides value for money’ has so far been low, featuring in less than 1% of articles this quarter. This does, however, present an opportunity to the EHRC to further explain that work is done on an ever decreasing budget, countering potentially unfavourable comments about the organisation’s funding.

Reach and frequency• Coverage reached 71% of UK adults an average of 10.7 times this

quarter, compared with 61% and 9.9 exposures during the last reporting period.

• SME Employers were the highest reached key audience, with 78% of this audience being exposed to EHRC coverage an average of 12.7 times during the quarter. Research demonstrates that this audience is twice as likely than the national average (UK adults) to read The Times and The Daily Telegraph, two publications that ran a large volume of coverage about the EHRC, 10 and 21 pieces respectively.

7c. Reputation Management (i): Summary

Restricted 42

Unfavourable13%

Neutral50%

Favourable37%

59

145

36 2649 46

288

52 6128

108

35 42

0

50

100

150

200

250

300

Num

ber

of a

rtic

les

Total 59 145 36 26 49 46 288 52 61 28 108 35 42

Favourable 13 108 20 7 6 6 137 4 10 4 38 7 5

Neutral 41 25 7 14 28 18 139 31 38 19 66 24 32

Unfavourable 5 12 9 5 15 22 12 17 13 5 4 4 5

1 July - 7 July

8 July - 14 July

15 July - 21 July

22 July - 28 July

29 July - 5 Aug

6 Aug - 12 Aug

13 Aug - 19 Aug

20 Aug - 26 Aug

27 Aug - 2 Sept

3 Sept - 9 Sept

10 Sept - 16 Sept

17 Sept - 23 Sept

24 Sept - 30 Sept

43

7c (ii): Reputation Management: Volume and favourability

Figure 1a: volume and favourability of coverage over time, broken down by week.

Figure 1b: percentage breakdown of coverage by favourability.

EHRC’s criticism of judges’ interpretation of the law in high –profile religious discrimination cases drove the high volume of favourable coverage during this week.

Two key stories contributed to this peak in coverage volumes, with the EHRC’s concerns over data privacy issues driving positive coverage. The call for the number of women on FTSE100 company boards to be made equal with men was also a prominent story.

25

0

10

20

30

40

50

September

Num

ber o

f men

tions

Figure 1c: volume and favourability of parliamentary mentions.

Please note: awaiting on July and August Figures.

633

218 208176

151110

0

100

200

300

400

500

600

Num

ber

of a

rtic

les

Total 633 218 208 176 151 110

Favourable 213 139 129 64 102 10

Neutral 348 67 63 107 40 40

Unfavourable 72 12 16 5 9 60

Equality/Discrimination Advice and Guidance Legislative framew ork Key Projects Human Rights EHRC operation

44

7c (iii): Reputation Management: Focus areas

Figure 4: volume and favourability of coverage, broken down by focus areas.

A report published by the EHRC says that women continue to be passed over for ‘top jobs’, and that at the current rate of improvement it will take 70 years for the number of men and women on FTSE100 boards to be equal. This story was syndicated across numerous publications, including regional and national titles.

The Independent suggests that the report is “especially pertinent” because the deadline imposed by Lord Davies to demonstrate methods companies will use to attract more women to sit on their boards is approaching. The article notes that it is important that the issue is tackled through an increase in flexibility in the work place as well as pay audits to ensure equal pay for men and women.

Please note: an article can include more than one focus area.

Calls have been made for the EHRC to be abolished from the think tank Civitas, which accuses the Commission of promoting a “false and petty” complaints culture. The Daily Mail says this is a fresh blow to the quango “which has suffered a series of financial scandals and high-profile resignations”.

35%

7%

3%

12%

18%

11%

2%

16%

<1%

0%

10%

20%

30%

40%

An authoritative and responsive

organisation

Building a society without prejudice

Promote understanding

and awareness of rights and duties

Promotes equality and human rights to create a fairer

Britain

Provides advice and guidance

Promotes equal life chances and

access to services for all

Raises awareness of your rights

Works to implement an

effective legislative framework

Provides value for money

Per

cen

tag

e of

art

icle

s

337

6930

116

174

112

21

159

20

100

200

300

400

An authoritative and responsive

organisation

Building a society without prejudice

Promote understanding

and awareness of rights and duties

Promotes equality and human rights to create a fairer

Britain

Provides advice and guidance

Promotes equal life chances and

access to services for all

Raises awareness of your rights

Works to implement an

effective legislative framework

Provides value for money

Num

ber o

f mes

sag

e d

eliv

erie

s

45

7c (iv): Reputation Management: Messages

Message delivery: As a guide, a message delivered in 0%-5% of items is weak, 6%-20% is fair, 21%-40% is good and anything over 41% is excellent delivery.

Figure 7a: number of deliveries of each message. This is an indication of the overall quantity of message delivery.

Figure 7b: percentage of fully analysed coverage to feature each message. This is an indication of the overall quality of message delivery.

46

7c (v): Reputation Management: Reputation drivers

Figure 8: volume of articles to feature each reputation driver.

391

192

165

53

9 8 8

0

50

100

150

200

250

300

350

400

Thought leadership Social engagement External/Internal Competence Accountability Trustw orthy Transparency

Num

ber

of a

rtic

les

Thought leadership coverage was driven largely by reports published by the EHRC and comments that judges are ‘too narrow’ with their interpretation of the laws in high-profile discrimination cases.

The EHRC’s involvement with the residents of Dale Farm – the country’s largest traveller site – was a key discussion point during the quarter and helped drive deliveries of social engagement. Trevor Phillips took part in talks with councillors, local residents and travellers in an attempt to find a solution which would avoid the eviction of travellers from the Dale Farm site.

Please note: an article can include more than one reputation driver.

47

7c (vi): Reputation Management: EHRC visitor traffic

Figure 15a: number of web visitors. Please note: figures provided by EHRC

Figure 15b: total reach of EHRC’s direct marketing strategy. Please note: figures provided by EHRC

1,532,8301,385,403

267,136 237,87593,348 85,444

0

200000

400000

600000

800000

1000000

1200000

1400000

1600000

1800000

Apr - Jun Jul - Sept

Total Page Views Unique Visitors Total Publication Downloads

218,278 240,528

10,515 4,390

515,300

214,922

0

200000

400000

600000

Apr - Jun Jul - Sept

Num

ber

of p

eopl

e re

ache

d

DM Event Partnerships

192

31 28 27 24 24 23 21 20

0

50

100

150

200

250

0

50

100

150

200

250

300

350

400

450

01-Jul-11 08-Jul-11 15-Jul-11 22-Jul-11 29-Jul-11 05-Aug-11 12-Aug-11 19-Aug-11 26-Aug-11 02-Sep-11 09-Sep-11 16-Sep-11 23-Sep-11

48

7c (vii): Reputation Management: Social media data

Figure 16a: volume of top social media sites to mention EHRC

Figure 16b: total volume of EHRC social media coverage, broken down by week

A large number of online commentators mirrored the news in mainstream media of calls for the EHRC to be abolished from the think-tank Civitas. 28 tweets post a link to a BBC Online article that states the EHRC contributes “very little to meaningful equality”.

The ‘Hidden in Plain Sight’ report gains a large amount of momentum on social media platforms, with many blogs and tweets linking to the EHRC web page for the inquiry into disability-related harassment.

Key Control Totals (RAGS)  

Forecast within budget G

   

Needs careful monitoring A

   

Needs urgent attention R

Key Spend Year to Date and ForecastForecast spend remains unchanged since last month

Forecast spend increased since last month

Forecast spend decreased since last month

8. Report legend

Financial control totals for the EHRC are:

Resource: £47.4m Of which Administration: £37.5m Capital: £1.5m

49Restricted