Equality & Diversity

Simon Vines

Keeping it legal: compliance issues

Equality & Diversity

Equality Duties

Race Equality (2002)Disability Equality (2006)Gender Equality (2007)Single Equality (2009)

Race Equality: general duty

eliminate unlawful racial discriminationpromote equality of opportunitypromote good relations between persons of

different racial groups.

Race Equality: specific dutiesproduce a race equality policy (not a scheme);assess the effects of your policies on staff and

students from different racial groups; monitor, by racial group, the admission and

progress of students, and the recruitment and career development of staff;

set out your arrangements for publishing your race equality policy statement, and the results of your assessment and monitoring;

take reasonable and practical steps to publish the results of your monitoring each year.

Disability Equality: general dutypromote equality of opportunity between

disabled people and other people eliminate discrimination that is unlawful under

the Disability Discrimination Act eliminate harassment of disabled people that is

related to their disability promote positive attitudes towards disabled

people encourage participation by disabled people in

public life take steps to meet disabled people’s needs,

even if this requires more favourable treatment

Disability Equality: specific dutiesProduce and publish a Disability Equality

Scheme (by 4 December 2006)Involve disabled people in its productionReview and revise every three yearsCreate an action plan Report annually on progress madeConduct disability equality impact

assessments

Gender Equality: General DutyTo eliminate unlawful discrimination and

harassment on the grounds of sex To promote equality of opportunity

between women and men.

Gender Equality: specific duties Prepare and publish a gender equality scheme, showing how it

will meet its general and specific duties and setting out its gender equality objectives.

In formulating its overall objectives, consider the need to include objectives to address the causes of any gender pay gap.

Gather and use information on how the public authority's policies and practices affect gender equality in the workforce and in the delivery of services.

To consult stakeholders (i.e. employees, service users and others, including trade unions) and take account of relevant information in order to determine its gender equality objectives.

To assess the impact of its current and proposed policies and practices on gender equality.

To implement the actions set out in its scheme within three years, unless it is unreasonable or impracticable to do so.

To report against the scheme every year and review the scheme at least every three years.

Single Equality DutyEquality Bill to be published April/May

2009existing separate equality duties on public

authorities covering race, disability and gender will be replaced by a single equality duty, which will also extend to gender reassignment, age, sexual orientation and religion or belief

intended to help public authorities focus their efforts on outcomes, rather than on producing plans and documents

Mental Capacity ActThe Mental Capacity Act (2005) provides the

legal framework for acting and making decisions on behalf of an adult (aged 16 or over) who lacks the mental capacity to make particular decisions for themselves.

Mental Capacity ActThe Five Statutory Principles of the Mental Capacity Act  1. A person must be assumed to have capacity unless it is

established that they lack capacity. 2. A person is not to be treated as unable to make a decision unless

all practicable steps to help him to do so have been taken without success.

3. A person is not to be treated as unable to make a decision merely because he makes an unwise decision.

4. An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.

5. Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

NB: Capacity only applies to a specific decision at a specific time. A person can be assumed to have blanket non-capacity.

Mental Capacity ActIn supporting a person to make a decision key factors to establish are:

Does the person have all the relevant information they need to make a particular decision?

If they have a choice, have they been given information on all the alternatives?

Could information be explained or presented in a way that is easier for the person to understand (for example, by using simple language or visual aids)?

Have different methods of communication been explored if required, including non-verbal communication?

Could anyone else help with communication (for example, a family member, support worker, interpreter, speech and language therapist or advocate)?

Does the time of day suit the person? Is there a location where they feel most at ease? Could the decision be deferred to a time that best suits the person?

Mental Capacity ActThe Role of the College in Supporting Learner

Orchard Hill College will: always assume a learner has capacity with regard to the decisions and

choices presented to them within College; always ensure that the circumstances for making a decision are right for

the individual learner; acknowledge that, in the judgment of staff, a learner may make “an

unwise decision” but they will still respect and support it provided it does not place the learner or others at risk of harm;

not lead a learner when presenting them with a choice through emphasis or intonation;

only have an involvement in assessing a learner’s capacity within the remit of decisions relating to their learning and being at the College, unless invited to contribute to best interest meetings externally;

strive to maximise the opportunities for all learners to advocate for themselves;

maximise the awareness of opportunities for individual learners through the planning of sessions;

Mental Capacity Act reflect a learner’s dreams and aspirations identified through Person

Centred Planning, tutorials and reviews; work in the best interests of a learner, and in partnership with all

appropriate agencies, in the event that the learner’s capacity is in question with regard to a specific decision affecting them or their circumstances;

ensure that when “appropriate help” is given to a learner with decision making it is someone who the learner has chosen and who knows them well;

always gain a learner’s consent before undertaking any medical or therapeutic interventions, for each separate intervention;

always work in collaboration with a learner where they are unhappy about essential interventions (e.g. personal care or emergency medical care) to achieve a level and mode of support that they are comfortable with

ensure consent is gained from prospective learners with regard to medical, therapeutic and other forms of assessment during College assessment days and initial assessment process;

ensure the learner has consented to attending and applying to attend to come to College;

respect a learner’s decision if they express a wish to leave College at any time, ensuring that they can do so safely.

Learner Involvement StrategyFrom 2007/08 there has been a requirement

for every FE provider to create its own learner involvement strategy.

In addition, January 2007 saw the initial event for the National Learner Panel (NLP) which was established by Bill Rammell, Minister of State for Lifelong Learning, Further and Higher Education, in November 2006, set up to provide the Government with direct access to learners from a wide range of backgrounds, and to ensure that the voice of the learner can influence national policy.

Learner VoiceHow do we best capture the learner voice?Assessment Valuation and PlanningPerson Centred ReviewsSARILPsStudent Forum – Virtual Learning

Environment

Accreditations

Investors in PeopleMatrix Standard (IAG)Investors in Diversity

Policy into PracticeOrchard Hill College Mission Statement:• Orchard Hill College ensures a stimulating

learning environment where adult students with a range of abilities can and do achieve

OHC provides an empowering and positive environment which enables individuals to aspire, learn and achieve within a self determined and meaningful curriculum

Policy into PracticeOrchard Hill College Core Principles:

Provides an education service which offers equality of opportunity to all students and staff.

Respects students as individuals and adult learners

Provides learning opportunities within a framework which is flexible and responsive to individual needs

Aims at all times to establish quality relationships and interactions which reflect the student’s adult status and ability to learn.

Policy into PracticeGood practice trainingShared concept of good practicePerson centred approachJoint Planning Development dayAction plans linked to Quality Improvement

Plan Impact assessments

Contact Details

Simon VinesVice Principal

Orchard Hill College

Tel: 020 8254 7820svines@suttonlea.org