RESPONSE TO THE GUARDIAN AD LITEM AGENCY EQUALITY SCHEME

SCOPE AND REMIT

This response has been completed on behalf of the Children's Law Centre and will focus specifically in relation to the Guardian Ad Litem Agency's implementation of the statutory equality duty in respect 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 eg 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

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.

FUNCTIONS AND POLICIES OF THE GUARDIAN AD LITEM AGENCY

We welcome the clear outline of the functions of The Guardian Ad Litem Agency and clarification in relation to the position where the GAL Agency may be asked to implement a policy by another public authority which is helpful and which has been raised by us in relation to other schemes. We should, however, be obliged if NIGALA could liaise with The Central Services Agency to ensure that the equality duty in the context of children and young people is properly implemented as our campaign has received correspondence from CSA indicating the CSA has little service access or delivery for children and young people and consequently do not believe that their equality scheme will have any relevant impact with regard to children and young people.

Given the central importance of NIGALA in relation to children's rights and particularly in relation to providing children with an effective voice in legal proceedings we trust that the Agency's Equality Scheme can become a template in relation to placing children and young people at the centre of the equality duty.

ORGANISATIONAL ARRANGEMENTS

The only point we would raise in relation to organisational arrangements is that a key member of staff should be identified in your scheme to whom complaints can be forwarded.

TRAINING

There should be an express commitment in the scheme to providing training for those responsible for facilitating consultation.

CONSULTATION ARRANGEMENTS

We note the consultation arrangements at page 5 of your scheme.  However unfortunately we do not believe that these provisions as presently drafted meet the legislative requirements. We welcome the commitment at page 18 to providing information to children and young people and the recognition that children and young people have particular needs in terms of accessing information.

However we would refer you to Section 4.2.c of The Equality Commission's guidance and would suggest that in order to comply fully with this guidance there should be a clear written commitment in your scheme to consultation with those affected by your policies.  Consultation is NOT limited to consultation with the groups at Annex 3 and specific reference in the guidance is made to consultation with groups and individuals.

It is inevitable given the nature of NIGALA's work that consultation will have to take place directly with children and young people themselves who have had contact with the Agency etc. In order to be compliant with the Guidance we suggest that there should be a clear written commitment to:

1.    Consult with organisations and individuals affected by particular policies at the earliest opportunity.

2.    Consider methods of consultation which may be appropriate for example in relation to children and young people.

3.    Consider the accessibility of language. Specific reference is made to communicating information to the young in the guidance and we suggest that this is incorporated in your scheme.

4.    Specific training on consultation with staff.

5.    A commitment to providing adequate time for consultation. The Commission recommends a period of at least two months.

6.    A commitment to ensuring full participation at meetings.

The procedure for consulting not only on your equality scheme but on screening, impact assessments and policies should all be addressed in the consultation section or under the appropriate headings and specific reference should be made to consultation with children and young people.

IMPACT ASSESSMENTS

It would be helpful to have an analysis of the ongoing collection of data and relevant information or proposed collection of information on which NIGALA proposes to base impact assessments. Presumably NIGALA will be working in conjunction with other agencies to collect this data and it would be helpful if this could be stated.

There is no commitment to consultation on the screening exercise as required by p 37 of the Guidance, nor to circulating the outcome of such consultations and it would be helpful if your screening processes could be clarified.

There should also be consultation on the setting of priorities.

There should also be a commitment to consult on the impact of new policies as per the Guidance, i.e. arrangements must be clearly specified.

With regard to page 15, we note the intention to conduct an impact assessment with regard to those policies, which are likely to have a significant impact on the equality of opportunity. The wording of the Guidance suggests that the public authority should decide whether there is or is likely to be a differential impact, whether direct or indirect upon the relevant group. We suggest that this wording will have to be used in order for your scheme to be compliant with the Guidance.

With regard to impact assessments (p17 of your scheme refers) we note that NIGALA intends to directly inform relevant groups when reports are available. We suggest that this should include a commitment to informing children and young people in an accessible way.

CONCLUSION

We welcome the recognition by NIGALA of the specific needs of children and young people in the context of the equality duty and trust that the amendments we have suggested will be of assistance in ensuring that children's rights are truly central to the work of your Agency.

Paddy Kelly; Director, Children's Law Centre.