RESPONSE TO THE SOUTHERN 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, 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

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 SOUTHERN 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.

There should be a clear statement clarifying the relationship between the Department of Education, CCEA, CCMS, the Youth Council and the Boards.

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 NGOs. 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 and young people are included in this list. The Equality Schemes themselves are wholly inaccessible to children and young people and, in order to facilitate meaningful consultation with children and young people in future, efforts will have to be made to produce summaries of proposed policies and to arrange meetings facilitated by appropriately qualified staff . With the advent of The Human Rights Act 1998 the issue of understanding and participation of children and young people will have to become central to our thinking.

Again at Section 5.3 we would suggest that the Board includes a commitment to assess its arrangements for providing information to children and young people.  A good example of this would be in relation to consulting with children and young people in relation to bullying, school discipline, child protection in schools etc.

 MONITORING

We object to a charge being levied in respect of information in printed or alternative formats provided as this is not compatible with accessibility and is not provided for in the Guidelines.

The results of monitoring policies should clearly set out the aims of the policy to which the assessment relates, details of any consideration given to measures which mitigate any adverse impact and details of any other policies which might better achieve equality of opportunity.

SCREENING OF POLICIES

We have expressed concern to the Department of Education in relation to their screening process which we believe is wholly inadequate and we emphasise the need to adopt an open consultative approach to screening.

We note with concern the reference at para 7.4.4 that only policies which in the Board's view present a significant risk in relation to the statutory duty will be subject to an impact assessment. The correct test pursuant to section2 (page 43) of the guidance is whether there is or is likely to be a differential impact, whether direct or indirect upon the relevant group or groups. This is a different standard than the one which you propose and we recommend that you amend your scheme accordingly.

We note the commitment to consult in relation to the screened policies and time tabling but again advise that the consultation should be with those groups and individuals likely to be effected, not only with the list at Appendix A.

At para 7.7 we believe that this should read "The report will detail the policies proposed by those consulted as appropriate for impact assessment and also those which have not been so included and why."

At para 7.13.4 we would refer you to page 43 of the Guidance (2.2.3) and would suggest that you include an express statement in this section to give careful consideration of policies which adversely impact on those categories defined by sexual orientation or age (both young and old).

We recommend that the Board's commitment to consult with children and young people in relation to impact assessments is specifically stated with an outline of the methods which will be used to facilitate this process.

CONCLUSION

We look forward to receiving copy of your final scheme and trust that our proposed amendments will be incorporated to ensure that the Education and Library Board's fulfil their statutory duties and to ensure the protection of children's rights under your scheme.

Paddy Kelly, Director, Children's Law Centre