RESPONSE TO WESTERN 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 without, children of different religious beliefs, 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Board and the draft plan refers consistently to the carrying out of functions and duties (Para 2.3) when in fact the Draft Guidance makes it clear at Section 2.10 that functions includes powers and duties and that the phrase carrying out embraces a wide range of activity.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 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.

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 which must include a commitment to the following:

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.