SCOPE AND REMIT

This response has been completed on behalf of The Children's Law Centre and will focus specifically on the Board's implementation of the statutory equality duty in the context of children and young people. These comments should however be read in the context of the other equality duties which will also apply to children and young people, e.g. children with a disability and children without, children of different religious beliefs, sex, race, sexual orientation or young people with dependants and without.

GENERAL COMMENTS

The Children's Law Centre wholeheartedly welcomes this legislation bringing in a new statutory duty with regard to equality of opportunity. In relation to both consultation and equality of opportunity in respect of children and young people we believe that this legislation offers many opportunities and challenges for better government. We believe that if properly implemented it should result in children's issues being much more visible in government and specifically in the work of the Board, which takes a lead role in many aspects of policy and practice affecting children and young people.

We note that the Board's Draft Scheme was published in advance of the Equality Commission guidelines and accept that the completion of the Scheme in such a new area of policy has been a considerable task. There are a number of positive aspects to the scheme, but there are also major aspects of the Scheme which in our view do not comply with the legislative requirements or the spirit and detail of The Equality Commission Guidelines.

We trust that the Board will implement the proposed amendments to their scheme which we have outlined in this response to ensure their scheme is fully compatible with the legislative requirements and guidelines in respect of promoting equality of opportunity between persons of different ages which as outlined in the guidelines refers to young as well as old.

FUNCTIONS AND POLICIES OF THE PUBLIC AUTHORITY

There is a lack of clarity in relation to the specific functions, duties and powers of the Board and the draft plan refers consistently to the carrying out of functions and duties (Para 2.3) when in fact the Draft Guidance makes it clear at Section 2.10 that functions includes powers and duties and that the phrase carrying out embraces a wide range of activity. It would be helpful if the Board provided a clear statement outlining its functions, duties and powers and explaining the interaction with the Trusts in a clearer manner.

We would wish to see a clear commitment that the Board will engage in a detailed policy and functional analysis and that there will be no artificial grouping together of policies which would result in the masking of children's issues. Examples of these policies would be in relation to the children in need provisions of The Children (NI) Order 1995, representation of children under The Children (NI) Order 1995, independent visitors, complaints procedures, leaving and after care services, employment of children etc. (this list is not exhaustive).

It is also essential that the Board outlines the steps that will be taken to ensure that the statutory duty will be met by the Trusts. We are concerned that unless this matter is specifically addressed in the scheme that responsibility for ensuring equality of opportunity for children's services will be passed from one agency to another specifically in relation to the allocation of resources to Trusts. In this regard we would expect to see a clear commitment to equality of children in terms of commissioning services given the fact that children's services have in the past lost out to the acute hospital services.

We would expect to see a clear statement in the Scheme to clarify the interaction between Boards and Trusts.

ORGANISATIONAL ARRANGEMENTS

It is essential that one point of contact is identified for complaints. We question the appropriateness of using the same administrative arrangements which are used presently for the Board's complaints procedures as this could lead inevitably to confusion. Whilst we acknowledge that you have addressed this issue at Section 4.5 of your scheme, a separate system should be set up particularly as a clear link will have to be established between letters of complaint to the Board and the complaints procedure set out at Appendix 2 section 10 of the guidelines. Nomination of a key member of staff would be helpful with an address for complaints to be referred to.

CONSULTATION

We welcome the inclusion of a commitment to consultation with children and young people at Section 4.3 but suggest that this section should be expanded to take into account fully the guiding principles at page 33 of the Equality Commission's Guidelines, by making specific reference to a commitment to provide information in a way which is accessible in terms of language, format, times and venues of meetings ie we would wish the Scheme to make a clear statement about proactive consultation with children and young people and to clearly state the methods of consultation which will be used to promote meaningful consultation.

The obligation to consult children and young people extends beyond children's services planning and may also be relevant in other areas of the Board's work, e.g. hospital services and mental health and the commitment to consult is therefore incorrectly restrictive at Section 4.3.

The Board is referred to Page 33 of The Guidance and we suggest that further information is required in relation to consultation procedures in order for the Board to comply with Guidelines,  e.g. a statement in relation to timescales for consultation and a statement that the Board will consider appropriate methods of consultation, a commitment to ensuring accessibility of information and full participation of different groups.

POLICY SCREENING AND ASSESSMENT

We note that the Board has not yet concluded its policy screening exercise and that it is intended that a detailed report on this exercise will be submitted to The Equality Commission. A commitment is required under the Guidelines at page 37 to consultation with those affected by your policies as part of this procedure, publication of the outcome of this consultation procedure and to providing a detailed breakdown of all policies which will be subject to impact assessment and also all those which will not with reasons. These matters should all be covered in your Scheme. Details of consultees should also be included. There must be a commitment to consultation with children and young people in this regard.

In relation to proposed policies again arrangements should be specified in relation to proposed consultation arrangements with specific reference to children and young people.

Clarification is also required of the phrase "only those (policies) where relevance has been established will be considered for impact assessment."  There is a clear test for impact assessments at page 43 of The Guidance which states that public authorities must use information gathered to decide whether there is or is likely to be a differential impact whether direct or indirect upon the relevant group and we would suggest that in order to be compatible with the Guidance this wording is used.

What is the timescale for the screening exercise to take place? What efforts are currently being made to collect and analyse relevant information and data at present, which will inform the screening process?

IMPACT ASSESSMENTS

We note the reference to influence of Departmental policy on your timescales for impact assessment and advise that we have already expressed alarm in our response to the Draft DHSS and PS Scheme in relation to the priorities afforded to children and young people. It has been indicated that equality impact assessments in relation to personal social services for children and young people will not take place until Year 5 which is totally unacceptable and shows a poor commitment to children's rights enshrined in the UN Convention On The Rights Of The Child. This situation must be addressed as a matter of urgency.

We object to the imposition of a charge for information in relation to impact assessments as we believe that this will be a barrier to accessibility and is not provided for in the Guidelines (see specifically 4.4 Guidelines).

PUBLIC ACCESS TO INFORMATION

We welcome the recognition of the particular needs of children and young people in accessing information at Section 7.1 but we would welcome a statement in accordance with Section 4(2) c of the Guidance confirming the manner in which the information will be made accessible, i.e. will the Board produce young people's summaries of the policies and proposed policies which are subject to impact assessment?

CONCLUSION

We welcome the Board's commitment to consulting with children and young people in relation to policies and proposed policies, which are relevant to them. We reiterate that the Board's screening procedures and impact assessments must be mindful of the fact that the area of children's services will NOT be the only area in which a duty to consult with children and young people will arise. There have however been recent situations where we have been disappointed with the Board's ability to communicate effectively with children and young people about policies which radically effect their lives. We trust that the Board will see fit to incorporate our suggested amendments to ensure that in future legislative requirements are complied with and that children's rights are adequately protected.