NHS Lincolnshire East Clinical Commissioning Group (CCG) Equality Strategy 2016 – 2018 Outlining our strategic direction in Equality, Inclusion and Human Rights (EIHR) 1 Foreword: NHS Lincolnshire East Clinical Commissioning Group (CCG) has committed to fully meeting the diverse needs of our local population and workforce, ensuring that none are placed at a disadvantage over others. The CCG is committed to take into account current UK legislative requirements, embed them into procedures and deliver best practice. The CCG has from inception in April 2013 followed the NHS Equality Delivery System (now EDS 2). This strategy sets out the CCG’s intentions around Equality, Inclusion and Human Rights (EIHR) for the next three years. This strategy details the CCGs intentions designed to ensure that EIHR remains at the heart of what we do. By doing so, the CCG ensures the best possible outcomes for the local community; CCG staff and especially those seldom heard groups who experience Health Inequalities. The CCG has an obligation to understand and take action to reduce Health Inequalities for the population it serves as part of the requirements of the Health and Social Care Act 2012. The CCG is committed to identifying and understanding the healthcare experiences of the population it serves, narrowing the gaps in the health of the population, raising the quality of care and maximising the value and effectiveness of resources spent by or on behalf of the CCG. At the heart of this is the recognition that every member of staff and every organisation contracted to provide a service on the CCG’s behalf have a shared role in delivering this aspiration. The Social Value Act legislation links with this and requires the CCG to review and use its purchasing power to improve economic and environmental wellbeing within the community it serves. The CCG is committed to understanding the needs, views and experiences of the population it serves. In short the CCG commits to engage effectively, regularly and inclusively with the wider population as part of its decision process. This includes, but is not limited to, the protected characteristics of their age, disability, sex (gender), gender reassignment, sexual orientation, marriage and civil partnership, race, religion or belief, pregnancy and maternity status. The CCG commits to ensure that when making decisions, appropriate and proportionate consideration is given to gender identity, socio-economic status, immigration status and the FREDA principles of the Human Rights Act 1998 2 1. Background 1.1 The 30 practices that form Lincolnshire East Clinical Commissioning Group (CCG) are working together to improve the quality and delivery of health services for patients. We are made up of three localities - Boston Area, East Lindsey, Skegness and Coast, all with very different challenges. These include areas of socio-economic deprivation, people growing older and living longer high numbers of obese people and people living with long term conditions like diabetes and Chronic Obstructive Pulmonary Disease (COPD). It's our job to understand the health needs of local people to invest in services that will give you, our patients, better healthcare. Because local GPs and health professionals are responsible for planning and buying the health services now we're closer to patients than ever before. We are committed to ensuring that NHS patients, carers and family members, as well as current and potential staff will not be discriminated against on the grounds of social circumstances (including relationship status) or background, gender and gender identity, race, age, disability, pregnancy / maternity status, sexual orientation or religion. We commit to work with staff, providers, partners, patients, carers and communities to improve the health of our population and reduce health inequalities for the people of Lincolnshire East. 3 This strategy outlines our strategic direction in meeting the needs of the population we serve, improving outcomes for that population and ensuring compliance with the Public Sector Equality Duty and other relevant legislation. 1.2 Our values Our values, as determined by our member practices, define our culture and shape our decision making. We will use our values to drive our ambitions for Lincolnshire East as we continue to move forwards. The values that lie at the heart of our work are: Quality - safety, effectiveness and patient experience will guide our decisions Clinical leadership - we believe clinicians should be our key leaders and primary influence Patient focus - we will seek the views of patients and take them into account in what we do Integration and partnership - we will use these as keys to success Fairness - we believe investment should reflect need Equality - we will strive for equality of patient experience, opportunity and outcome Good value - we will use NHS resources to best effect 4 2. Legislative Framework 2.1 Equality Act 2010 The Equality Act received Royal Assent in 2010 with the majority of the provisions coming into force on 1st October 2010. Further provisions came into force as follows: • Positive action; recruitment and promotion – 5 April 2011 • Public Sector Equality Duty (PSED) – 5 April 2011 • Age discrimination protections in the provision – 1 October 2012 (of services and public functions) In addition to the Act, specific duties were identified and came into force on 10 September 2011 as The Equality Act 2010 (Specific Duties) Regulations 2011. These specific duties require public bodies to publish relevant proportionate information showing compliance with the PSED, and to set Equality Objectives. The Equality Act unifies and extends the previous 100 pieces equality legislation and regulations. The Act identifies nine characteristics as protected by the Act: Age - including specific ages and age groups Disability - including cancer, HIV, multiple sclerosis, and physical or mental impairment where the impairment has a substantial and long-term adverse effect on the ability to carry out day-to-day activities Race - including colour, nationality and ethnic or national origins Religion or belief - including a lack of religion or belief, and where belief includes any religious or philosophical belief Sex Sexual orientation - meaning a person’s sexual orientation towards persons of the same sex, persons of the opposite sex and persons of either sex Gender re-assignment - where people are proposing to undergo, are undergoing or have undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex Pregnancy and maternity Marriage and civil partnership 2.2 Public Sector Equality Duty (PSED) Section 149 of the Equality Act 2010 imposes a duty on public authorities in the exercise of their functions to have due regard to the need to: 1. Eliminate unlawful discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Act. 2. Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it. 3. Foster good relations between persons who share a relevant protected characteristic and persons who do not share it. 5 We have committed that as part of the decision process we will ensure that robust and proportionate Equality Analysis and Due Regard is taken around any decision we take. In addition we will ensure that this can be effectively demonstrated. I. Eliminating discrimination: a. The Act prohibits direct and indirect discrimination, harassment and victimisation of people with relevant protected characteristics II. Advancing equality of opportunity involves: a. Removing or minimising disadvantage experienced by people due to their personal characteristics b. Meeting the needs of people with protected characteristics c. Encouraging people with protected characteristics to participate in public life or in other activities where their participation is disproportionately low. III. Fostering good relations involves: a. Tackling prejudice, with relevant information and reducing stigma, and b. Promoting understanding between people who share a protected characteristic and others who do not. Having due regard entails considering the above three aims of the PSED in all the decision making as in: How we act as an employer Developing, reviewing and evaluating policies Designing, delivering and reviewing services Procuring and commissioning Providing equitable access to services The legislation acknowledges that in some circumstances compliance with the PSED may involve treating some persons more favourably than others, but not where this would be prohibited by other provisions of the Act. 2.3 Specific Duties for Public Sector Bodies Public authorities for the purpose of the Public Sector Equality Duty (PSED) are listed in Schedule 19 of the Act. NHS organisations are listed as public authorities. In addition, bodies that exercise public functions are subject to the PSED in the exercise of those functions (see section 149(2) of the Act). The provision of commissioned NHS services is a ‘public function’. The Equality Act 2010 (Specific Duties) Regulations 2011 require all listed public bodies to: 1. Publish information to demonstrate its compliance with the duty imposed by section 149(1) of the Act. This must be done no later than 31st January 2012 and at 6 subsequent intervals not greater than one year beginning with the date of the last publication. 2. Prepare and publish one or more objectives, by 6th April 2012 and subsequently at intervals not greater than four years, it thinks it should achieve to do any of the things mentioned in section 149 of the Act. The publication of information needs to include the following: Its employees (for authorities with more than 150 staff) People affected by its policies and practices (for example, service users) The information must be published in a manner that is accessible to the public Procurement and commissioning (anyone who exercises public functions, must also, in the exercise of their functions have due regard to this duty) 2.4 NHS Equality Delivery System (EDS2) “EDS will support CCGs to provide fair, accessible and appropriate services to meet the health needs of all patients while helping to ensure equity in quality and reduced health inequalities.” (Dr Amrik Gill, GP) The Equality Delivery System (EDS2) framework was designed by the NHS to support NHS organisations to meet their duties under the Equality Act. The EDS2 has four goals, supported by 18 outcomes. The CCG will use the EDS2 as a toolkit to meet the requirements under the Equality Act and we believe this will impact positively across all the activities of the CCG. We have published our EDS2 evidence on its website annually in line with the January deadline. In addition we have published our Equality objectives in line with the October deadline and these objectives, combined with updates on progress can be found on the relevant page via the link below. http://lincolnshireeastccg.nhs.uk/index.php/about-us/equality-and-diversity Compliance with the EDS2 model is key to our strategy since the following goals focus towards our priorities around patients and staff. The four EDS2 objectives are: 1. 2. 3. 4. Better health outcomes. Improved patient access and experience. A representative and supported workforce. Inclusive leadership. 7 For each EDS2 outcome, there are four grades to choose from: Excelling (all protected groups) – Purple Achieving (for most (6-8) protected groups) – Green Developing (for some (3-5 protected groups) – Amber Undeveloped (no evidence at all, few or no protected groups) – Red It is our intention to attain a minimum of ‘achieving’ across all four goals within the timeframe of this strategy. 3. Inclusion and equality 3.1 Responding to the requirements as outlined above offers many challenges and opportunities for us. Responding to them individually will ensure compliance and unnecessary duplication. Taking account of our mission, vision and priorities, the need to be transparent, accessible and engaging with patients and communities and making sure that we take account of the diverse health needs of their growing complex and diverse communities require an inclusion and equality strategy to ensure direction. This strategy thus seeks to embrace everything that we aspire to achieve in the coming years. At the heart of this strategy is a new approach to integrate inclusion and equality issues into everything that we do. By becoming an inclusive organisation, one that listens, and responds to the people (patients, staff, partners and stakeholders) it serves, by meeting their diverse needs and addresses the local health inequalities successfully, we will be an efficient, effective and productive organisation. The inclusive approach will not only deliver on legal obligations but also provide a direct synergy with the work on quality and addressing health inequalities. This can be achieved by focussing on improving the organisations’ performance whilst reducing inequitable health gaps between characteristic groups and communities. These are usually associated with poor levels of ill-health, take-up of treatment, and the outcomes from healthcare given that some people from protected groups are at times disproportionately affected and as a result experience difficulties in accessing, using and working in the NHS. When analysing the outcomes for services and employment, we will also extend the analysis and engagement beyond the protected groups to other groups and communities who face stigma and challenges in accessing, using or working in the NHS. For example, carers, people who are homeless, isolated people and temporary residents. By developing this integrated model of addressing inequalities and providing an equitable and fair service to all the residents in the area we believe we will be more successful in meeting our various obligations and local needs. 8 3.2 Equality Objectives Objectives 2015-2017 Objective 1: Develop relationships with key minority groups such as older adults and migrant workers to get key messages to the CCG on their needs and expectations. Objective 2: Carry out performance management with provider organisations to ensure that patient monitoring is taking place and being used to inform their equality plans. Objective 3: Carry out project work to support people with neurological conditions and their families. Objective 4: Develop forums/networks to support disabled staff and promote mental wellbeing amongst staff. 4. Information sharing and engagement A cornerstone of the NHS reforms and delivering on the PSED will be how we communicate, share information and engage with: Patients Carers Staff People from the protected characteristic groups Voluntary sector, and Others This effectively will deliver a two-way flow of information. By developing an inclusive approach with sustained engagement with local interests including protected and disadvantaged groups will assist in collating evidence and using the evidence to influence our performance and decision making. By promoting collaboration within the local health economy and partners such as local authorities to share best practice, undertake joint engagement activities, encourage joinedup thinking, sharing qualitative and quantitative evidence in addressing local inequalities. The CCG has developed an engagement strategy which outlines the CCG’s current and future plans to engage with and understand the views of the population of East Lincolnshire. 5. Review and Renewal The CCG’s Equality Lead and Governing Body will continue to regularly review and update this strategy and publish updates accordingly. For further information and to discuss any related concerns please contact: Sarah Southall, Emma Danby or Karen Duncombe 9
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