Contact: Jane Goodwin ext:6458

1. Summary

1.1. The following decisions are sought:

That Cabinet

1. Agree the revised plan for progress through the levels of the Standard

2. Support the Best Value review of Equality and Diversity

3. Continue to receive Equality and Diversity progress reports

4. Ensure that all elected members are fully aware of their role to support the implementation of the Equality Plan and Race Scheme

5. Ensure that all Members are aware of their role in ensuring that Race and Equality Impact Assessment is considered in the decision making progress.

2. Reason(s)

2.1 Statutory requirement under the Race Relations (Amendment) Act 2000

2.2 The requirements of the Equality Standard for Local Government

3. Other options considered and rejected

3.1 None

4. Conflicts of interest declared by the decision maker or a member or officer consulted

4.1 Not applicable

5. Dispensation granted by the Standards Committee

5.1 Not applicable

6. Reason(s) for the matter being dealt with if urgent

6.1 Not applicable

Approved by: Date:

Councillor T. K. Thornber, CBE

Chairman

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

The Equality Standard for Local Government

The Code Of Practice (Race Relations Amendment Act)

Best Value Performance Indicators - Guidance from the Audit Commission

N.B. the list excludes:

1. Published works

2. Documents which disclose exempt or confidential information as defined in the Act.

Contact: Jane Goodwin - 01962 846458

1. Objective of Report

1.1 The aim of this report is to inform Cabinet of progress since the Council adopted the Equality Standard for Local Government (ESLG) and published the Corporate Equality Plan and Race Equality Scheme in May 2002. It summarises the results of assessments undertaken by departmental equalities group and presents a revised plan for action that will be necessary if Hampshire County Council is to meet the higher levels of the Standard. The report also includes details of the plans to respond to the recommendations of the Corporate Performance Assessment and informs Members about Government plans to create a single Equality and Human Rights Commission.

2. Summary of main points

2.1 The National legal framework continues to develop and inspection agencies will be monitoring progress. Equality and Diversity is a stand alone measurement of Corporate Governance in the Corporate Performance Assessment. Government has published a draft paper `Fairness for All: A New Commission for Equality and Human Rights', the proposals will assist the Council, a briefing paper is attached at appendix 1.

2.2. Level 2 of the Equality Standard (appendix 2 for overview of the Standard) has been achieved, significant further work is required to embed equality and diversity into organisational culture and processes. Key findings:

_ Some departments perform at higher level

_ Opportunities to share good practice

_ Differing staff perceptions of corporate commitment to equality values

_ Culture change takes a long time and progress through standard should be revised

2.3 Progress on Race Equality Scheme in particular Race and Equality Impact Assessment has begun. To improve performance it has been agreed that Social Services Race Policy Adviser will spend two days weekly on Corporate issues focussing on Community Strategy work.

2.4 Training continues to present a challenge in terms of numbers attending and the capacity for Hampshire Learning Centre to deliver courses.

2.5 Workforce diversity data is now available (appendix 3 for overview). This shows that action is needed to improve the number of staff from disabled and ethnic minority people at all levels and women in senior posts if we are to meet the aim in the Equality Plan of a workforce that reflects the community.

2.6 Work for next year will concentrate on staff training and the roll out of Impact Assessment to all service plans as well as a Best Value review aimed at addressing the CPA recommendations

3. Recommendations

It is recommended that Cabinet:

· Agree the revised plan for progress through the levels of the Standard

· Support the Best Value review of Equality and Diversity

· Continue to receive Equality and Diversity progress reports

· Ensure that all elected members are fully aware of their role to support the implementation of the Equality Plan and Race Scheme

· Ensure that all Members are aware of their role in ensuring that Race and Equality Impact Assessment is considered in the decision making progress.

Contact: Jane Goodwin - 01962 846458

1. Introduction

1.1 This report informs Cabinet of progress since the Council adopted the Equality Standard for Local Government (ESLG) and published the Corporate Equality Plan and Race Equality Scheme in May 2002. It summarises the results of assessments undertaken by departmental equalities group and presents a revised plan for action that will be necessary if Hampshire County Council is to meet the higher levels of the Standard.

1.2 The report also includes a brief summary of the Government White Paper Fairness for All: A New Commission for Equality and Human Rights.

2. Background:

2.1 The Equalities Standard for Local Government (ESLG) replaced the Commission for Race Equality (CRE) Standard as the best value performance indicator (BVPI 2) from April 2002.

2.2 The report last May informed Cabinet that the County Council had engaged in a self assessment process that evidenced achievement of level 1 of the ESLG. A plan for progress was agreed with level 2 being the target for year 2003/04.

3. National Developments

3.1 The Government has continued to drive forward changes aimed at improving social inclusion and eliminating discrimination. Research for The Office of the Deputy Prime Minister (ODPM) `Equality and Diversity in Local Government' found that an important element for success is when authorities have visible, senior level commitment backed up by adequate resources. The report recommends that `To achieve progress authorities will require strong and effective leadership from chief executives, senior teams and leaders, acting as `champions' for these issues.'

3.2 The legal framework is continuing to change as a result of both UK and European pressure. In December 2003 it became illegal to discriminate against a person on grounds of their sexual orientation, religion or belief. Although these requirements relate to employment and training there are also similar themes in the Human Rights Act and it is good practice to ensure that the Council applies these consideration to issues of service delivery as detailed in the Equalities Strategy. Similar legal changes will take place in 2006 to ensure protection on grounds of age.

3.3 Monitoring of the Race Relations Amendment Act has now been embraced by the various inspection bodies. Race Equality measures have now been included in the OFSTED and Social Services Inspection framework as well as the strengthened BVPI 2b. The revised framework for the Corporate Performance Assessment has strengthened the equality and diversity measure in the corporate governance section. Dialog at the Employers Organisation have also advised that excellent councils will be expected to show sound progress on equality and diversity by using the Equality Standard.

3.4 The Disability Discrimination Act has been amended with effect from October 2004. Further changes are proposed in the Disability Bill currently before Parliament that will require public bodies to promote disability equality in the same way as the current duties under the Race Relations Amendment Act.

3.5 The Government has also published plans to create a single Human Rights and Equality Commission to replace the existing three organisations. The Government's White Paper entitled - Fairness for All - A New Commission for Equality and Human Rights, is a result of a consultation initiated in October 2002, when the Government published "Equality and Diversity: Making it Happen". The fundamental proposal in this White Paper is the establishment of a single body to bring together the functions of the Commission for Race Equality, the Equal Opportunities Commission and the Disability Rights Commission. A key point for the Council is the proposed duty to promote gender equality.

3.5.1 This White Paper is to be welcomed as a single commission will support the approach to equality and diversity that has been taken by the Council since 2000 when the Equalities Strategy was launched. Generally the paper has been welcomed but many national organisations have commented that there is no mention of a single equality law that would draw together all the existing legislation under one format. For further details please see briefing note in Appendix 1.

3.5.2 There is also a proposal for regional offices to ensure easy access to local advice, training and possibly funding for partnership working. This option is likely to be of benefit to the Council as it could provide a focus for consultation with more excluded groups in a similar way that Race Equality Councils do in some areas e.g. Dorset and Devon.

4. Progress measured against the Equality Standard for Local Government

4.1 John Clarke was appointed as Chair of the Equalities Strategic Action Group (ESAG) in July 2003. The members of ESAG and departmental equality groups have worked hard to implement actions in each department aimed to improve fair and equal access to employment and services. At a whole day event on 7 March each department presented the results of progress with their action plan as well as assessment against the levels of the Equality Standard. Please refer to appendix 2 for overview of the Equality Standard.

4.2 The target for 2003/04 was to achieve Level 2 of the Standard and each department reported achievements that showed evidence that Level 2 had been achieved. In order to report their findings each department engaged in further in depth assessment using the agreed framework. Details of the assessments are available on shared drive of the intranet. Each departmental group has reported the findings to their departmental management team.

4.3 The overall level for the Council is dependant upon consistent performance across all departments. There is clear evidence to show that progress is being made with some departments functioning at a higher level than others and a number of innovative ideas that can be shared by other departments.

4.4 Some departmental activity also contributes to overall corporate objectives e.g. the Access Audit and Improvement Strategy and the new Corporate Procurement strategy.

4.5 Action on Race and Equality Impact Assessment has begun but requires further development. A planned approach has been agreed by the Corporate Performance Steering Group (CPSG) to ensure that service plans include Impact Assessment by October 2004. A training programme and briefing pack has been developed to support this and departments are advised to commission briefing sessions after June. A monitoring report will be presented to CPSG in November.

4.6 Most departments also took steps to consult with staff particularly regarding their perception of equality in practice. In general, the results of this supported the CPA finding that the policy is yet to be fully embedded. There was also a mismatch between how managers felt they adopted good equality practice and the reality experienced by some staff.

5. Progress on the Race Equality Scheme

5.1 The Audit Commission recently published a report `The Journey to Race Equality'. The report identifies common barriers to progress on Race Equality, highlights key success factors for managing the change, gives good practice examples and introduces a self assessment tool. Research shows that, nationally, public bodies are struggling to meet the requirements.

5.2 Each department was asked to report back on progress with the Race Equality Scheme actions. Evidence shows that there has been some progress but further attention is required. The Commission for Racial Equality (CRE) has recently indicated that they plan to develop a Race Equality Council in Hampshire and are taking steps to scrutinise the way public bodies in the County are responding to the `Duty to Promote Race Equality. In order to take race equality forward it has been agreed that Mohammed Mossadaq, Race Policy Adviser (Social Services), can offer 2 days a week to work on corporate issues. Focus for this year will be to develop community engagement by building on the two existing projects in Eastleigh and Basingstoke through the community strategy work and liaison with the CRE.

5.3 Following a successful seminar organised by the Social Services Black and Minority Ethnic Workers Group further work is recommended to advance some of the issues identified. Given the small ethnic minority population in Hampshire and the increasing need to consult residents it is important to work together with our partner public bodies. A joint conference is proposed to provide all authorities with an opportunity to develop understanding and share examples of good practice. This will include the results of the current research with minority ethnic residents that has been commissioned by the Council.

6. Training

6.1 Overall, progress on training has been disappointing with very limited take up of corporate courses. There are some examples of good practice where individual teams have prioritised equality and diversity training as mandatory with all staff expected to attend. In these cases it was as a direct result of actions identified in service plans with resources allocated. For example; the Education Department's Ethnic Minority Achievement Service has run a series of very successful `Race and Culture' sessions for regulatory services in preparation for the Citizenship ceremonies and also as part of their on going work on race equality.

6.2 Following the agreed restructure of the equality and diversity courses an extensive learning needs analysis has been undertaken. The Council has a statutory duty not to discriminate and this can only be addressed by informing staff of the duty and training them how to behave to ensure that discrimination does not occur. Therefore, a more robust approach is required. As with all culture change it takes time and commitment from senior managers to overcome resistance. The issue of staff training has been a key barrier to progress and steps are required to spread the training to parts of the Council where equality is not seen as a high priority. It is essential that equality and diversity skills and knowledge are actively promoted as an essential development requirement for all staff.

6.3 The Corporate Management Team has agreed to support this proposal and Hampshire Learning Centre will provide a range of learning activities to suit the diverse needs of the staff in each department.

7. Workforce diversity

7.1 The recent workforce audit and SAP becoming operational has made it possible to extract more accurate data about the diversity of the workforce. This means that information is now available based on all Council staff, including schools (see appendix 3). The results have shown that:

· 1.1% are from ethnic minority backgrounds compared to 2.2% of the Hampshire population (excluding the cities)

· 0.65% are disabled as defined by the Disability Discrimination Act compared to an estimate of 11% of the population of working age (if schools are excluded the figure is 1.3%)

7.2. Research by The Institute for Employment Studies estimates that

"By 2010 less than 20% of the UK's working age population will be white, male, able bodied and under the age of 45"

The Corporate Equality Plan commits the Council to employ a workforce that reflects the community and the results from workforce plans show that more effort is needed to meet this aim. It is now possible to undertake in depth analysis of the data as shown in Appendix 3 and each department will be expected to take action as part of the workforce planning process.

8. Future plans

8.1 Departments have identified actions as a result of the assessment and will continue to implement their plans. Key target areas will be Impact Assessment in service plans and staff training.

8.2 There will be a cross cutting Best Value Review of Equality and Diversity as stated in the Service Improvement Plan. The broad scope was agreed by the Policy and Resources PRC in December 2003 and the overall intention will be to ensure that equality and diversity issues are embedded in the Corporate Strategy and move the Council towards achievement of Level 3 of the Equality Standard.

8.3 The evidence of the equality assessment this year shows that whilst there is excellent activity across the Council it has tended to be as a result of the personal commitment and dedication of a minority of staff. This reflects the findings of national research. In order to truly achieve the levels throughout the Council will be very difficult. Members are advised that the plan proposed in May 2003 for year on year incremental rises through the levels of the Standard is unlikely to be achieved. It is more realistic to expect to achieve level 3 by April 2006. By this time the outcome of the review will have been communicated, the training plan implemented and community engagement improved.

9. Financial Implications

9.1 There is not a dedicated corporate budget for the Equality and Diversity work. Salary costs, support for ESAG and communication is currently supported by the overall Human Resources budget. The review will consider this issue in light of the planned restructure of the Personnel and Training Department and the Corporate Performance Assessment recommendations.

9.2 Chief Officers agreed an approach to fund the training proposals and the best value review.

10. Recommendations

It is recommended that Cabinet Members:

· Agree the revised plan for progress through the levels of the Standard

· Support the Best Value review of Equality and Diversity

· Continue to receive Equality and Diversity progress reports

· Ensure that all elected members are fully aware of their role to support the implementation of the Equality Plan and Race Scheme

· Ensure that all Members are aware of their role in ensuring that Race and Equality Impact Assessment is considered in the decision making progress.

Appendix 1 - Cabinet Report July 2004

Commission for Equality and Human Rights ( CEHR)

Briefing

Summary

In line with the Governments stated aim, a White Paper has been published. This contains the Government's proposals for a Commission for Equality and Human Rights (CEHR). This Commission is to be a champion of Human Rights and a challenger of Discrimination across society. CEHR will replace the Commission for Racial Equality(CRE), The Equal Opportunities Commission(EOC) and The Disability Rights Commission(DRC). CEHR is expected to be operational by 2006.

Background

The Government's White Paper entitled - Fairness for All - A New Commission for Equality and Human Rights, is a result of a consultation initiated in October 2002, when the Government published "Equality and Diversity: Making it Happen". The fundamental proposal in this White Paper is the establishment of a single body to bring together the functions of The CRE, The EOC and the DRC.

This White Paper, published in May 2004, has been supported by The Parliamentary Commission for Human Rights, and the Government's view that equalities legislation continues to grow in volume and complexity, and that with the passing of the Human Rights Act adds further impetus to view equalities systematically across society.

Proposed Role of the Commission

The following Core roles have been identified

· Equalities:

o To provide information and enforcement on all issues related to equalities rights - the emphasis is on providing a simple, single access point for both individuals and businesses on all aspects of equalities.

o In addition to Race, Gender and Disability, the Commission will also oversee equality with regards to faith, age and sexual orientation. CEHR will also champion the rights of people who have undergone, are undergoing or intend to undergo gender reassignment.

· Human Rights:

o To provide support for Human Rights across the public sector

· Promoting good relations among communities:

o The CEHR will have a duty to promote good relations amongst communities, and will support the Government commitment to community cohesion.

o It will take over the CRE's role with regard to Race and Faith communities, including the funding of local Race Equality Councils, over time, it will extend this work to other equalities strands.

· Review of Equality and Human Rights legislation:

o The CEHR will monitor the effectiveness and adequacy of the legislation, and provide advice to Ministers and the Government about necessary changes - This role will also apply to the Welsh and Scottish devolved administrations.

o In Parliament, the Joint Committee on Human Rights will continue to monitor legislation.

· Training and Outreach:

o CEHR will be a centre of excellence and expertise, and will conduct training and educational outreach activities. It will also have the power to make financial grants to other organisations.

· Duty to positively promote gender equality:

o The CEHR will be also responsible to oversee the implementation contained in this White Paper on a new duty on public bodies to positively promote gender equality. This will place gender equality on the same footing as Race and the forthcoming duty to promote Disability Equality, contained in the Disability Rights Act, currently before Parliament.

Operating Principles

o The New Commission will operate using Advice, Advocacy, persuasion, investigation and enforcement.

o It will have a statutory duty to prepare a strategic plan, and to issue statutory codes of practice.

o It will have a range of tools to ensure compliance, ranging from mediation through investigation and enforcement powers to named investigations.

o It will provide expertise in court cases relating to all areas of equality and Human Rights.

o It will also selectively support individual court cases brought by individuals that are deemed to have wider significance.

o It will, wherever possible, work through persuasion, rather than enforcement.

Business Needs

o The Commission will need to regularly communicate and consult with businesses in relation to its strategic priorities

o It will promote the business case for diversity.

Regions and Nations

o The Commission will have a presence in all the 9 English regions. It will work closely with the Regional Development Agencies and other partnerships.

o It will establish National Offices in Wales and Scotland, in collaboration with the devolved administrations. At least one Board Member will be required to have specialist knowledge of Wales and Scotland.

o The CEHR will be required to produce reports on its activities in Wales and Scotland, to be placed before the Scottish Parliament and the Welsh Assembly.

Transitional Arrangements

_ A steering group will be established, to manage the key milestones towards the launch of the new Commission -expected in late 2006.

_ The Bill establishing the new Commission will be taken through Parliament as soon as timing allows

_ Following Royal Assent, the new CEHR will be established in shadow form. It will appoint a new Chair, and some Board member, recruit a chief executive and senior managers. The shadow Board will include three transition commissioners from the current equality commissions, to help manage the move to a single body.

_ A transition group representing the three existing commissions will be established and will also include representatives for the new equalities and government officials

_ To comply with the legislation on disability, a special committee of the CEHR will be established that will be chaired by a member of the CEHR Board who has a disability. At least 50% of the members of this board will be people who have, or have had a disability. The need for this separate committee will be reviewed after five years.

Conclusion and Implications

There are two key proposals in this White Paper. The establishment of a new Commission for Equality and Human Rights and the public duty to actively promote equality between men and women.

In administrative terms, the new Commission will concentrate the equalities functions in the one body, BUT will devolve through regional offices. Currently the functions are separate and the Offices are in London.

For Local Authorities, could mean improved and simplified access to advice and training. It could also lead to funding and partnership working. The regional structure could also lead to longer-term partnership to tackle inequality and discrimination.

For individuals, especially those facing multiple discrimination, it should mean better accessibility. For businesses, again it should mean a simpler and clearer advice route on equalities.

The Commission will have a real challenge on its hands. It will not only need to ensure that it doesn't lose the current level of specialism in the bodies it is to replace, BUT also to harness this to deal more effectively in the areas of shared discrimination.