RESPONSE TO THE SOUTH EASTERN EDUCATION AND LIBRARY BOARD DRAFT 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 Education and Library Board'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

The childcare sector 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 in the work of the Education and Library Boards, which take a lead role in the implementation of policies which affect children and young people.

FUNCTIONS AND POLICIES OF THE SOUTH EASTERN EDUCATION AND LIBRARY BOARD

We welcome the clear outline of the Board's functions at Section 1.5.2 and recognition of the wide definition of functions, which the legislation requires. We would welcome however a statement of clarification in relation to the way in which the Board intends to ensure that the statutory duty will be met by schools to whom responsibility for implementation of the policies and procedures is delegated.

CONSULTATION ON DRAFT SCHEME

We note that the Education and Library Board intends to consult with bodies listed at Appendix A and we welcome the opportunity to respond. However this list is not intended to be definitive and wider consultation will be required to fulfil the obligations under the legislation.

COMPLIANCE ISSUES

We suggest that a paragraph is inserted in this section detailing the procedure for complaints about the statutory duty, identifying a key member of staff and providing time limits for response to the complaint.

Training for staff needs to incorporate training on appropriate consultation methods.

CONSULTATION ON GENERAL ISSUES

We are concerned by the apparently restrictive consultation proposals at Para 4.3.  The duty to consult extends beyond public sector and NGO's.  The purpose of consultation is to ascertain the views of those affected by your policies and procedures. The Guidance states on Page 33 that consultation provides an important means of enabling those who may be adversely affected by public policy to participate in the process of decision making and makes specific reference to consultation not only with groups but with individuals. This part of the Guidance is equally applicable to Section 4.3 and 4.4 of your scheme.

Unfortunately as presently drafted we do not believe that the section on consultation will comply with the Equality Commission's Guidelines.  In order to do so your equality scheme must include a commitment to the following as per Section 4 (2) c of The Guidance:

A commitment to consulting with groups and individuals as early as possible.

A commitment in your scheme that consideration will be given about appropriate methods of consultation.

A commitment to consider methods of communication with a specific commitment to consider how best to communicate information to young people and those with learning difficulties.

A commitment to provide specific training in relation to those involved in consultation exercises.

A commitment to allow adequate time for responses.

A commitment to ensuring full participation at all meetings, which are held.

We are concerned that the issue of consulting with children and young people is not addressed specifically in your scheme. The statutory duty will require you to consult regularly with not only representatives of children and young people, but children and young people themselves in relation to their experiences and views.  It would be helpful for example if a commitment could be given to the preparation of young people's summaries of consultation documents.

ENSURING PUBLIC ACCESS TO INFORMATION AND SERVICES PROVIDED BY THE BOARD

We are concerned that Section 5.2 again does not address specifically the needs of children and young people in respect of accessible information . Three risk areas have been identified and we would strongly suggest that children an