Preparing for review

Georgina EnglishSenior Policy OfficerHealth and Social CareCommission For Racial EqualityTel: 020 7939 0274

Race Relations Act 1976 (Statutory Duties Order) 20012.(2) A Race Equality Scheme shall state, in particular: 2.(2)(a) Those of its functions and policies, or proposed policies, what that person has assessed as relevant to its performance of the duty imposed by section 71(1)of the Race Relations Act.

2.(3) Such a person shall within a period of three years from 31 May 2002, and within each further period of three years, review the assessment referred to in paragraph (2)(a).

Where we are now Approaching the three year review (May 31st 2005)

CRE expectations – public authorities will have • Published annual reports in line with their employment duty, detailing

Ethnic Monitoring data.• Conducted Race Equality Impact Assessments• Published reports on their monitoring impact assessments and

consultation activity – which are accessible and in line with arrangements set out in the RES

• Reviewed action plans to assess what progress has been made in implementing the duty

Also• SHAs have used the performance assessment framework to review

implementation of schemes by PCTs and Trusts• PCTs, Trusts and SHAs share examples of good practice/what is

working well

Why?

• Mainstream the function of race equality

• Developing a systematic way to address race equality in everyday operations

• Statutory legal requirement.

Definitions• Functions

– this includes your ‘duties and powers’

• Policies – ‘formal and informal’ decisions you make to carry out

functions

• Relevant– ‘having implications for’ the general duty

• General Duty - ‘due regard to the need to’– eliminate discrimination– promote equality of opportunity, and – promote good race relations

What do you need to do?

• Review existing functions and policies• Identify recently adopted or proposed functions and

policies • Assess relevance of your functions and policies• Prioritise your relevant functions and policies• Publish the prioritised functions and policies

Issues: “When does this all have to be done by?” “Do we have to do this re-assessment?” “Is there any chance of an extension?”

Identifying functions and policies • Possible ways of listing functions & policies

– Legislative frameworks– Departmental strategies– Identification by individuals

• Functions clearly related to specific duties– Policy development,– Impact assessment– Consultation– Training– Access

• Issues:– The difference between functions and policies– highlight proposed policies– whose responsibility?– diversity or race equality

Re-prioritising functions and policies for relevance to the general duty

How to prioritise functions and policies?• How many parts of the general duty are relevant to the

function or policy? • How much evidence do we have - none, little, some, or

a lot.• Are the public (especially ethnic minority communities)

worried that a certain function or policy is discriminatory or racist?

Issues: “It’s not a priority any more” “There's no evidence’

Publication Revised list of functions and policies

How to publish the list of functions and policies?• Glossy document not the aim but needs to be publicly

available • Link with Freedom of Information Act• Consider access to information and services

arrangements Issues: “Easy access document” (Translation? Easy Read?

Braille) “What about non-relevant functions and policies?”

Revising priorities

• TB Screening– Significant increase in TB in an area– High levels of homelessness– Mobile population dispersed asylum seekers/

traveller community– BCG rates down– Low attendance at screening appointments– Strong local and national imperative to make a

priority

Identifying Relevance

• Which of the aspects is relevant?• Is there a reason to believe that there will be an impact • Is a large population affected?• And/or a specific population• Does that population have known health inequalities• Has there been monitoring previously about the impact

on that population of the function-screening/ health promotion/ support

• Is there existing public concern about discrimination?• What are the implications for staff?

Practical steps

• Make use of the grid – in ‘A guide for public authorities’

• Review progress in implementing current RES action plan, to ensure incomplete tasks are addressed

• Prioritise action corporately and by department

• Mainstream into service/departmental action plans

• Identify any likely new functions or policies that will be relevant in the next three year cycle. E.g. health equity audit

CRE compliance monitoring

What the CRE will be looking for:

• A comprehensive list of relevant functions and policies • List of proposed policies• Evidence that an assessment has been carried out• The authority's assessment includes service delivery,

procurement (GPs contracts), enforcement, and employment functions and policies.

Issues: “Suppose PCTs and Trusts fall short of the minimum

requirements?”

Supporting the process Action for SHAs

• Some SHAs have used assessment template to review PCT and NHS trust Schemes and action plans to assess progress in implementing the Duty

• Any that have not should be planning to assess before May 31• Use the NHS SHA Race Equality Guide 2004• Any reassessment should show how functions/ policy meets all

three strands of the Duty• Support health organisations in revisiting RES and

reprioritising policies• Ensure they know of help available from DH• Ensure they know of resources on CRE Website• Be positive : the health service will gain from doing this well

www.cre.gov.uk

• All guides now available and downloadable• specific guidance note on Review• CRE Guidance on race equality impact assessment• No more one to one advice