RESPONSE TO SOUTHERN HEALTH AND SOCIAL SERVICES BOARD DRAFT EQUALITY SCHEME

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

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 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Board and the draft plan refers consistently to the carrying out of functions and duties (Para 2.3) when in fact the Draft Guidance makes it clear at Section 2.10 that functions includes powers and duties and that the phrase carrying out embraces a wide range of activity.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 DHSS PS and Trusts in a clearer manner.

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.

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

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 Section4.5 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 specific complaints officer is noted and welcomed.

CONSULTATION

There is an absence of a commitment to consultation with children and young people at Section 4.3. We 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.

This section in our view will not be compliant with guidelines in its present form as not enough detail is given about proposed consultees or consultation procedures. Specific reference should be made in your scheme must include a commitment to:

1.   Consultation with groups and individuals as soon as possible.

2.   Methods of consultation including a commitment to give consideration to face to face meetings, small group meetings, focus groups, discussion papers etc.

3.   Ensuring that language and format are accessible with specific consideration as to how to communicate information to young people.

4.    Provision for training.

5.    A commitment to giving adequate time for responses.

These matters must all be clearly addressed within your scheme for it to be compliant with the legislation and Guidance. Consultation is required with those affected by your policies. A clear commitment to consultation with children and young people should be included in the Board's scheme.

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 in the context of impact assessments.

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 w ill 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

There is an absence in the Board's scheme of a clear commitment to consult with children and young people in relation to policies or proposed policies or during impact assessments. This may be an oversight as certainly other Boards have recognised the need to consult with children and young people. We do not believe the Board's Scheme at present complies with Guidance and trust that the amendments we have suggested will be incorporated to ensure legislative compliance and the recognition of children's rights.

Paddy Kelly, Director, Children's Law Centre