DISABILITY DISCRIMINATION (NI) ORDER 2006

PROMOTING POSITIVE ATTITUDES TOWARDS DISABLED PEOPLE AND ENCOURAGING THE PARTICIPATION OF DISABLED PEOPLE IN PUBLIC LIFE

MAPPING EXERCISE OF PROGRESS TO 31 MARCH 2007

CONTACT DETAILS

For enquiries regarding the content of this report please contact:

Mrs Karyn Patterson

Assistant Director of Personnel Services

Armagh & Dungannon Health and Social Services Trust

St Luke’s Hospital
Hill Building

Loughgall Road

Armagh

BT61 7NQ

Telephone: 028 3752 2381 Ext: 2512/2395

Fax: 028 3752 2112

Email: kpatterson@adhsst.n-i.nhs.uk

CONTENTS

DESCRIPTOR	PAGE
Introduction	5
Background Information	6-7
Screening – Assessment of Decision Making	7-8
Promoting Positive Attitudes Amongst staff	8-17
Promoting Positive Attitudes in Service Delivery including Accessibility of Information / Services	17-24
Consultation – Taking on Board Service Users Views	24-30
Communication	30-33
Information Support	33-34
Encouraging Participation of Disabled People in Public Life	34-36
Conclusions	36-37
APPENDICES
Appendix 1 – Screening Guidance & Forms	39-64
Appendix 2 – Draft Training Programme – Beyond Disability Awareness	65-66

THIS PAGE IS INTENDED TO BE BLANK

INTRODUCTION

1.1 On 1st January 2007, new disability duties came into effect, placing two additional obligations on all Public Authorities. These new duties require staff to consider the need to:-

Promote positive attitudes towards disabled people

Encourage participation by disabled people in public life (NB: this should be interpreted as broadly as possible and can include anything from employment, participation at board level and attendance at conferences/events etc)

In accordance with these new duties the Armagh & Dungannon HSS Trust (hereafter referred to as the Trust) would ordinarily be required to submit a Disability Action Plan to the Equality Commission for Northern Ireland (ECNI) by 30 June 2007. However in the current climate of change, an exemption was sought and granted to defer the submission of a formal Action Plan until February 2008. At that stage this will be agreed under the auspices of the new Southern Health & Social Care Trust which will come into effect on 1 April 2007.

In the meantime, however, the HPSS has collectively agreed with the ECNI to conduct and submit by 31 March 2007, a “mapping” exercise detailing actions already taken and currently being undertaken which support the above duties.

This report sets the key activities undertaken by the Trust to date structured as follows;

Background Information

Screening – Assessment of Decision Making

Promoting Positive Attitudes Amongst staff

Promoting Positive Attitudes in Service Delivery including Accessibility of Information / Services

Consultation – Taking on Board Service Users Views

Communication

Information Support

Encouraging Participation of Disabled People in Public Life

Conclusions

BACKGROUND

2.1 Since the inception of the Disability Discrimination Act (DDA) 1995, the Trust has undertaken much work to promote positive attitudes towards disabled people. Indeed, as a Community Trust, this is a core function of the Trusts business and as such has always been part of the Trusts ethos.

At the time of the DDA 1995 being implemented the Trust in conjunction with the Southern Health & Social Services Board and the other three HSS Trusts within the Southern area established a Southern Area Steering Group to oversee the implementation of the the legislation. The Trusts representatives on this group are Mr Brian Quinn, Director of Estates Services and Ms Kate Courtenay, Assistant Director of Disability Services.

This was further supported within the Trust by the implementation of a Trust Disability Discrimination Act (DDA) Sub Group as well as the Equality & Human Rights Steering Group. Within this context the DDA Sub Group at Trust level has the following remit:

Prepares relevant information for the Southern Area DDA Steering Group collating details of progress in working towards compliance with legislation;

Assists the Estates Department with collated information to inform installation of auxiliary aids and equipment.

Identifies areas for attention in order to promote DDA awareness.

It is the contact group for DDA Training Events and provides an opportunity to discuss related issues

Membership of the DDA sub-group is rotated in an attempt to heighten awareness that DDA is everyone’s responsibility and not just the corporate responsibility of the Trust. Staff may also be co-opted as required when dealing with specific projects.

This work has been further reinforced as part of the Trust’s duties under Section 75 and its existing Equality Scheme which, like the new disability duties require public authorities to adopt a proactive approach, mainstreaming the Equality duties (which includes disability) into all decisions and activities.

In essence therefore the Trust, through the Section 75 agenda, has actively been considering the impact of policy and proposed policies on disabled people through its screening processes and Equality Impact Assessments where appropriate. That said, the Trust remains vigilant in its continuing duties to regularly reassess how it can effectively promote the engagement of disabled people in public life and continue to encourage the promotion of positive attitudes towards disabled people.

Whilst it is acknowledged that a Disability Action plan is different and separate from an Equality Scheme in that it has a much narrower focus, nonetheless, there are certain parallels in terms of the key elements it must include, such as:

strong leadership and commitment from the top;

allocation of adequate resources in terms of people,

time and money;

a commitment to awareness raising of the new duties;

a consultation statement;

annual progress reports;

five yearly review.

In preparing for these new duties, the Trust will draw on experience gleaned from implementation of the Section 75 duties and learning identified through the related Effectiveness Review during 2006.

The Trust has established a number of effective mechanisms to aid consultation which will be discussed later in this document.

For further information on mainstreaming progress, please refer to the Trust’s Annual Progress Reports (1 to 6) and also its 1st Five Year Effectiveness Review Report as previously submitted to the ECNI.

SCREENING – ASSESSMENT OF POLICY DECISIONS

3.1 The Trust has in place “screening” documentation with guidance notes that all Managers are required to take account of when developing their services. This ensures that any potential adverse effects are considered as the service is being developed and where such is identified, appropriate action taken to alleviate the adverse impact, unless this can be adequately justified. Whilst this work was primarily developed to comply with Section 75 of the NI Act in essence it covers the area of disability also. A copy of this documentation may be seen at Appendix 1.

Indeed, by the nature of the Trust’s work disability duties are taken account of on a day to day basis given that much of our business is about the provision of services to clients with a mental health and / or learning disability. The Trust also provides significant services to those with physical disability.

All managers engaged in the development of policy / procedures or who are key decision makers have the opportunity to attend training in the area of Screening and Equality Impact Assessment. This ensures they have a baseline of knowledge on how to consider the potential impacts.

As part of this process, the Operational Management Team who normally approve policies / key decisions will not do so unless there is evidence available (usually in the form of the screening documentation) that the policy / decision has been “screened” for adverse impact. This has been specified in the guidance document at paragraph 2.9.

4.0 PROMOTING POSITIVE ATTITUDE AMONGST STAFF

4.1 As outlined in the introduction, the first of the new duties is to have due regard to the need to promote positive attitudes towards disabled people.

Clearly to promote positive attitudes contributes to the overall goal of promoting equality of opportunity. The Trust recognises the importance of promoting positive attitudes both amongst its staff and in the delivery of its services. To this end many measures have been taken by the Trust to promote such. Detailed below are some examples of measures taken to date:

Policy Development / Guidance for Staff on Good Practice

4.3.1 Equal Opportunity Policy Statement

The Trust has had an Equal Opportunity Policy Statement in place since the early 1990’s. This includes the area of disability. This statement has been actively reviewed every 3 years in line with the Fair Employment & Treatment Order (FETO) requirements, with the most recent review being in 2006.

This policy statement makes clear the Trusts commitment towards the need to make reasonable adjustments for potential and existing employees where this is required for reasons relating to their disability.

In addition, it also takes account of unacceptable behaviour in the workplace e.g. harassment on grounds of disability etc. This policy also covers staff appraisal in that an objective assessment of the individual’s capabilities, performance and potential will be made and any reports will not reflect assumptions or prejudices of the appraisal officer about the individual being appraised.

4.3.2 Dignity at Work Policy (formerly Harassment & Bullying) and Joint Declaration of Protection

These policies sets out the Trusts desire to ensure a harmonious working environment for all staff and both again specifically include Disability.

The Joint Declaration is a management and staff side agreement which sets out the Trusts desire to protect staff from any form of intimidation whilst the Dignity at Work Policy sets out the standards of behaviour expected and the procedures for dealing with any form of harassment or bullying. Again both of these policies were reviewed during the 2006, as part of the Trusts commitment under FETO.

4.3.3 Protocol re. Harassment Involving Staff and Non Staff (i.e. patients, clients, service users, members of the public)

This protocol was developed in recognition of the needs of service users and was a product of an independent review whereby the former Harassment Policy was perceived to be too much weighted in favour of staff. Again this includes the area of Disability.

4.3.4 Guide to Best Practice in the Employment of Disabled and Sensory Impaired People

This was drawn up and launched in conjunction with Disability Action and the Employers’ Forum on Disability and is modelled on the Commission’s own Disability Code of Practice on Employment and Occupation, “ECNI - A Guide to Taking Positive Action to Recruit and Select Disabled People”.

The Guide sets out best practice advice with regards to employment, promotion and retention of disabled employees, both potential and existing.

4.3.5 Disability Etiquette Booklet

This book, drawn up in consultation with disabled groups/organisations, was issued to all staff at its inception in 2003. Since that time it has also been issued to all new staff as part of their contract of employment.

The booklet aims to widen understanding of disabled peoples views and preferences thus helping to identify and avoid inappropriate language and behaviour towards disabled persons. The booklet offers staff practical advice about communicating with people with physical and learning disabilities in daily life and in the workplace.

4.3.6 Recruitment and Selection Policy

This policy takes cognisance of disability legislation and the duty of reasonable adjustments at every stage of the recruitment process. For example, in designing the Essential Criteria, managers are encouraged to consider alternatives to formal qualifications or requirements which might be a barrier to a disabled person. An example of this is where a post requires applicants to hold a driving licence. In such circumstances the following would be the wording used;

“….. Consideration will be given to alternative travelling proposals in respect of suitable disabled applicants who cannot hold a driving licence.”

One the application form for posts, applicants are asked to disclose whether or not they have a disability. It is made clear that this is only asked to ensure that any reasonable adjustments for the interview stage can be accommodated. Applicants are therefore asked the following question;

“If you require particular arrangements to be made for you to attend selection test/interview eg. Interpreter, car parking facilities, etc. please indicate below:”

Interview panels are reminded at training about the importance of choosing a venue which will suit disabled candidates. In the event that the successful applicant has a disability, they will be asked what reasonable adjustments they require. This is in recognition that the disabled person is best placed to advise the employer of their requirements. Agreement of such adjustments would normally be agreed in conjunction with the manager and the Trusts Occupational Health Department

4.3.7 Work Life Balance Policy

The Trust has a Work Life Balance Policy in place, the aim of which is to reconcile the competing demands employees may have in relation to their working and personal lives and on occasions is also used to facilitate staff who require flexibility to perhaps adjust to health issues. The Trust is more than willing to use this policy to support staff in such circumstances and particularly those who acquire a disability during their employment.

4.3.8 Policy on Mental Health in the Workplace

The Trust is committed to a healthy workplace for all staff and places a high value on both staff’s physical and mental well-being. To this end, the Trust has in place a Policy on Mental Health in the workplace, which is supported by guidelines for managers. This policy recognises that stress at work is a health and safety issue for which the Trust has a duty of care to take all reasonable measures to prevent or reduce mental health problems where they arise in the workplace, particularly those caused by excessive negative stress.

In support of this approach, all staff are issued with a copy of the Mental Health in the Workplace Policy on appointment to the Trust. Training is provided both to managers and staff, with the Occupational Health Department providing support as required. On an ongoing basis, Health at Work issues are supported and developed through a working group led by the Director of Personnel Services.

4.3.9 Employee Support

The Trusts Occupational Health Service provides a first point of contact for staff experiencing any health related issues. This service can be accessed directly by staff on a self referral basis and often provides a route to ensuring staff are quickly supported in times of crisis.

The Occupational Health Department will also provide support to managers and staff through the participation in ergonomic work station assessments as necessary as well as providing advice and guidance on reasonable adjustments in the workplace for staff with a disability. In addition to this the Trust provides a physiotherapy service for staff which can be accessed either through Occupational Health recommendation or on a self referral basis. This service is free of charge and has a significant uptake, allowing staff to remain at work or aid their early return to work when they might otherwise have had to wait for such treatment. It also ensures information is available to support the appropriate redeployment of staff where this might become necessary.

Another aspect to the Trusts employee support initiatives, is the availability of a confidential counselling service purchased through an external provider. This allows staff experiencing any difficulties at work or in their personal life to speak in confidence with trained counsellors. This has been of significant benefit in supporting the mental health of staff at work.

All of the above policies are reviewed at least once every three years under FETO and are consulted upon with key stakeholder interests e.g. Staff Side, disability organisations etc. The most recent review of these policies under FETO was during 2006.

Effective communication arrangements are in place to ensure all staff are aware of the existence of such policies and they are contained within the Trust’s Policy Manual, a copy of which are held in every Department. Policies are also available from the Trust’s computer network. Under the Freedom of Information Act, members of the public and service users are entitled to ask for copies of such information held by public authorities. In the main these policies are also held on the Trusts Internet Website as a means of making them easily accessible.

Employment – Terms & Conditions / Reasonable Adjustments

The Trust engages all disabled workers on the same terms & conditions of employment as all other staff. Where necessary reasonable adjustments will be made to accommodate the needs of the individual. For example in one instance where the worker is a wheelchair user, the Trust with the involvement of the then Training & Employment Agency purchased an electric wheelchair for use at work. This had a riser seat which enabled the individual to access the top drawer of the filing cabinets. The individual’s needs are kept under review and indeed a new upgraded model of the original chair is now in use.

Training and Development

The Trust ensures that all Training & Development is available to all staff throughout the Trust. The Trust also provides training for staff on a variety of areas which incorporate Disability as well as specific Disability training.

At the inception of the Disability Discrimination Act (DDA) 1995, the Trust, in partnership with sister Trusts and the Southern Board, appointed a disability awareness trainer for the Part 3 Access Provisions, who, in total trained 7366 staff across the Southern area. The aim of the training was to display positive attitudes towards disabled people as the trainer was able to draw on her own personal experienced having acquired a disability at the age of 17. In addition, this particular trainer also provided a training for trainers programme which included such topics as deaf awareness, visual impairment, learning disability and mental health.

When undertaking any training, the Trust is aware of the need to use appropriate DVDs/audio visual aids etc. to portray disabled people in a positive light. Training in the use of auxiliary aids is also given to those staff operating them e.g. loop systems, text phones etc.

Employees are also encouraged to undertake BSL training or other training as appropriate when they are required to work alongside someone who has a disability and this will continue as required.

This training has been further developed as follows;

Title of Course	Dates of Training	Key Aims	Total Trained
Disability Awareness Training Provider – In House	Electronic Records available Since 2001	To ensure that all staff have the opportunity to consider the issues facing disabled people and to understand their role in promoting positive attitudes.	2261
Deaf Awareness Training Provider – RNID	Purchased periodically as need established	To provide participants with an appreciation of what the loss of hearing means to an individual on a day to day basis.	73
Visual & Deaf Awareness Training Provider – In House Sensory Impairment Team	Provided as required to front line staff. Since the year 2000	To provide participants with an appreciation of what the loss of hearing and sight means to an individual on a day to day basis.	226
Loop Systems Training Provider – system installer	October 2004	To provide practical training for trainers on how to operate the Trusts portable loop systems	33
Visual Impairment Awareness Training Provider – RNIB	Purchased periodically as need established.	To provide participants with an appreciation of what the loss of sight means to an individual on a day to day basis.	20
Corporate Induction – Module 4 – Equality, Human Rights & Disability Awareness Provider – In house	This style of programme available since 2005	To provide participants with an understanding of the Trusts Equality duties under Section 75 of the NI Act, Human Rights responsibilities and Disability Awareness Training	227
Mental Health in the Workplace / Stress Management Provider – In House	Since introduction of Policy in 2002	To enable staff to develop an understanding of the effects of stress and to explore the context for managing the same	621
Mental Health in the Workplace / Stress Management Provider – In House		To enable Senior Managers to develop an understanding of the effects of stress and to explore the context for managing the same, within the Context of the Mental Health in the Workplace policy.	55

As part of the Trusts 5 year review under Section 75 of the NI Act, the Trust has identified the need for more in depth training for staff in the area of disability. Indeed, consultation with service users as part of this review confirmed that the awareness level of training was of a high standard, however service users identified that some front line staff would benefit from more in depth training on how to facilitate and provide practical support to disabled service users. To this end an outline programme has been drafted (see Appendix 2). The development and delivery to an accredited standard is currently under discussion.

In addition to this formal training, the Trust will also engage in a variety of updates for staff in their respective work areas. For example in the Area Dental Service (facilitated through the Trust for the whole Southern Area), the Trust would ensure that all Dental staff have received basic training in the use of “Maketon” as well as training in assisting people with visual impairment during their visit to the Dental facilities. These staff also have regular updates in transfer of patients with mobility problems in the dental surgery as part of their backcare training updates.

4.4 Community Activity in the area of Employment

In addition to directly employed staff, the Trusts Community Development team continue to work with external organisations to promote the inclusion of disabled people.

Out and About is a voluntary organisation established in 1997 with the objective of integrating people with disabilities into the community on their own terms. This objective is achieved through the facilitation of four key services:

One-to-one Development Work;

Education and training programmes

Public Seminars and Conferences, and

Disability Awareness and Equality training.

Out and About currently hold a database of 130 Beneficiaries. The group is managed by a committee of 10 people representative of Disability two of which are employees of the Trust, from Disability and Community Development.

Out and About’s biggest challenge during 2006/07 is to secure funding to sustain its activities. The Trusts Community Development Team have assisted with:

Recruitment and selection

Planning and development of courses and seminars

Management issues through participation in management committee and relevant sub-committees

Funding applications

The development of links with University College Dublin following the closure of Queens University at Armagh in 2005. Although Queen’s University at Belfast still have close links with the Project and their tutors have delivered many of the courses.

Developing interim arrangements to keep the Project alive until further funding is secured.

In another instance, a young service user who uses a wheelchair will be commencing a voluntary work placement with Desart Lodge Day Nursery. This will not only provide this individual with a placement of her interest but, also provide the Nursery with an opportunity to create awareness around disability for young children.

A retired teacher with a physical disability is to commence teaching the English language to foreign national people in the local area. This is in partnership with Milford Community Development Association.

PROMOTING POSITIVE ATTITUDE IN SERVICE DELIVERY INCLUDING ACCESSIBILITY OF INFORMATION / SERVICES

5.1 The Trust gave a commitment in its Equality Scheme to ensure that the Scheme itself and other information is made available, on request, in accessible formats, e.g. plain English, Braille, disc, audiocassette and in minority languages to meet the needs of those who are not fluent in English.

In response to this identified need, the Trust has put in place mechanisms to ensure that such information is available in accessible formats in a timely manner. Specific consideration is also given on how best to communicate with people with learning disabilities and persons who have a mental illness, e.g. through the use of advocates. The Trust has taken the following measures to improve access to both services and information for those with a disability.-

The outcomes of the Regional Good Practice Review on Accessible Information have been adopted by the Trust. All providers are endeavouring to make public information available in Arial 14 print and in a range of accessible formats on request. This includes Braille, audiocassette, disk, and larger print. Rehabilitation workers for people with a visual impairment would regularly make information available in appropriate accessible formats to individuals and groups.

The Trust participated in the Regional Accessible Information Project whose terms of reference include exploring the needs of people with a sensory impairment. Whilst this work is not complete, the Trust has kept this issue on the agenda of the Equality & Human Rights Steering Group. This group recently wrote to the DHSSPS to ensure that this work continues to be progressed in a timely manner.

The Trust has established close links with voluntary organisations e.g. RNIB etc. that can provide information in accessible formats on request.

Social workers with the deaf communicate all information in BSL to deaf service users as part of their daily contact.

The Trust engaged in a disability access audit in April 2004. The access audits categorised works into three levels as follows;

Category A – Essential and Immediate

Category B – Procedural

Category C – Maintenance and related

In response the Trust made funding available to complete category ‘A’ – Essential and immediate works at all facilities. Within the 2003/04 year, £152,000 has been spent on category ‘A’ work, with a further £80,000 being invested in work during 2004/05. A further £102,000 was also incorporated into other major schemes.

The Trust expects to be fully compliant regarding general access by 31 March 2007 although an additional investment of £225,000 is required to upgrade lifts and some access areas associated with listed buildings.

In the area of Aids & Auxiliaries, following an investment of £10,000, Loop systems were installed in 45 facilities throughout the Trust. In addition, there are a number of portable loops that are available to those facilities with no permanent installation system. They are allocated to and can be borrowed from well documented areas within the Trust. Training for Trainers in use of this equipment was held at the time of installation in 2004. The Trusts DDA Sub Group are now looking at the need for refresher training in this area.

Two textphones are available, one at the main reception area of St. Luke’s Hospital (Telephone 028 3741 2446) and one at the Moy Resource Centre (Telephone 028 8778 4832 where a videophone is also available.

The use of fax machines also supports communication with people who are Deaf or hard of hearing. The DDA sub group within the Trust is currently gathering information on fax machine numbers both internally and externally to create a directory for this purpose.

The Trust aspires to issue all public documents in Arial 14 print. Information is accessible in a variety of formats including tape, large print, Braille and in other languages on request. Sign language interpreters are available on request. Staff are given the option to attend sign language classes where appropriate. These principles are now being incorporated into the Communications Strategy for the Trust.

The Trusts website has also been updated to take account of accessibility issues, however further work needs to be undertaken and will follow once the new Trust is in situ.

The Trust regularly meets Disability Representatives in User Group Forums to update them on service design and to obtain their views. Recently representatives from sensory impairment groups met with the Social Services Inspectorate to discuss the recommendations from the Report “Challenge and Change” - an inspection of social work and related services for adults with Sensory Loss. The development of services for people with visual impairment commenced with the establishment of a Vision Forum to take forward the recommendations of the agreed strategy across the Southern Board area. Membership of the Forum comprised 51% people with visual impairment and include people from voluntary organisations, Trusts and the Board.

In addition to these particular initiatives, the Trust continues to engage in a variety of activities to provide new services to the local population. For example during the latter part of 2006, the Trust launched a Disability Directory through the joint work of the Trusts Community Development Team, Equality 2000 Ltd and Out & About. The need for the local directory of disability groups was identified when the three organisations were exploring the needs of the disability groups in the Armagh and Dungannon area.

The Disability Directory brings together contact details of Disability and Carer Groups from the Voluntary/Community and Statutory Sectors who are working in the area.

The project was funded by Awards for All and Armagh and Dungannon Health and Social Services Trust, and was officially launched by the Trusts Chair, Mrs Deirdre Dorman on 22nd November 2006.

The Directory is available in a range of formats including Braille, Tape, and CD.

5.7 Workshops held as part of the launch highlighted that the main issues facing disability groups in the A&D Trust area were funding, recruitment of new members, and recruitment of volunteers. A Funding Clinic and a Volunteering Opportunities workshop were held in January 2007 to respond to these issues.

5.8 In December 2005, the Southern Investing Health Partnership (SIHP) allocated £10,000 for projects that addressed the mental health and well being of the population in Armagh and Dungannon at local level. The Trusts Community Development Team liaised with the Mental Health Directorate, Health Promotion, Finance, the SIHP Officer based at Armagh City and District Council, and colleagues in Social Services, to agree and implement an application and assessment process to allocate the funding. This process was completed on 6 February 2006 and the successful applicants were as follows:

Armagh & Dungannon Artscare

Design for Life - The use of Art to improve self-esteem for people in the community with Mental Health problems

Armagh & Dungannon Health & Social Services Trust

Therapeutic Needs of Looked After Children - 3 Looked After Children to attend individual specialist sessions with NSPCC therapist

Armagh & Dungannon Mental Health Forum

Initial set up costs of Service User Mental Health Forum

CAUSE for Mental Health

Training and Respite weekend for 8 local Carers.

CRUSE Bereavement Care

Volunteer Counsellors

Armagh City & District Council

Exercise for Mental Health - Provision of training for 1 exercise specialist in Mental Health conditions.

In the area of Early years, Social Services staff have been working with external providers to make premises accessible for the inclusion of disabled children. Indeed the Trust has supported play group places for children with disability.

Occupational Therapy, the Trust has numerous examples of rehabilitation work in relation to disabled people. For example

Young Stroke Project which has a focus on return to training and work.

Community Mental Health focus on prevocational and vocational rehab for return to work

Involvement of clients in Arts Care projects and annual show case of such in the Market Place Theatre, Armagh

In Dietetics, the Trust team engage in many activities aimed at supporting disabled persons. For example;

Chronic Disease Management

Diabetes - X-Pert Programme – This is a structured 6 week education programme for adults with Type 2 Diabetes. The programme involves the dietitian, diabetes nurse, podiatrist and physiotherapist. It focuses on improving participants knowledge and empowering them to manage their condition more effectively.

Summer Fun & Fitness - In partnership with the Orchard leisure Centre, Armagh a 6 week summer scheme was run for children who have diabetes . The children attended twice a week and had input from the dietitian and diabetes nurse specialist. A supermarket tour was attended by parents to provide information on healthy eating and food labelling.

Chronic Obstructive Airways Disease ( COPD)

A 6 week education programme for adults with the above condition, is running in Mullinure Hospital ,Armagh and South Tyrone Hospital ,Dungannon.The programme is a team approach in which one of the sessions deals with nutritional issues in this group.

Learning Disability

A series of weight management sessions were run for adults with learning disability at Appleby Social Education Centre. This was combined with a walking scheme.

In the area of Community Nursing (Learning Disability) information is and training is provided to parents, carers and non-qualified workers on the provision of First Aid and administration of Rectal Diazepam to persons with a Learning Disability in community settings who have epilepsy.

The training consists of information on epilepsy, definition and causes, First Aid for seizures, management of status epilepticus and administration of Rectal Diazepam (theory and practice).  The training sessions are ongoing.

In the area of Physical Disability at present the Community Access Officer and a Student Social Worker are in the process of setting up a fishing group for people with physical disabilities in the Trust area. It is envisaged that this project will be with the support of Community Development Team and the local councils.

5.15 In January 2005 the trust opened the Children and Young People’s Centre in Dobbin Street, Armagh. This centre provides a range of assessment and therapeutic services by community pediatricians, allied health professionals and nurses to children and young people with disabilities and their families.

The Trust has made accommodation available for The Disabled Children and Young People’s Participation Project managed by Barnardo’s. The project worker has an office in the centre and an Information Technology Suite is provided to facilitate the involvement of Disabled Children and Young People in Service planning using Assistive Technology. At present there are 3 young people on training placements using this facility. The Projects Advocacy group Sixth Sense uses the centre for meetings and other activities.

5.17 Acorn Active Group was set up in 2002 at a time of great change at Longstone Hospital (Hospital for services to people with Learning Disability) and when services were being redesigned. It was viewed as a positive step for service users to meet service providers and for them to influence the planning process. The Group members are residents at Longstone Hospital and community residents who attend the Hospital for day care. They meet every Monday to discuss issues of importance in their lives. Some of the members also sit on the Learning Disability Programme Commissioning Group at the Southern Health and Social Services Board, and were consulted as part of the Bamford Review.

5.18 The Group is supported by a team of healthcare staff – Eileen Canavan (staff nurse), Trea Connolly (speech and language therapist), Bernie McClelland (day care worker) and Mary Wright (advocacy worker from Mencap). Members have addressed a number of events including the first All-Ireland Advocacy Conference at the University of Ulster at Jordanstown about their rights and independence. They are a very vocal group and participate in numerous consultations, reviews and planning exercises. The Group held its fifth annual public meeting on 12 February 2007 when office bearers were elected.

These are a sample of the ongoing works which the Trust engages in on an ongoing basis which can be supplemented on request.

CONSULTATION – TAKING ON BOARD SERVICE USERS VIEWS

6.1 The Trust is committed to ensuring that its consultation arrangements are carried out in accordance with the Commission’s seven guiding principles and that all consultation exercises are conducted in a timely, open and inclusive manner.

The Trust is committed to ensuring that consultation begins as early as possible in the decision-making process and that adequate time is allowed for groups to consult amongst themselves as part of the process of forming a view. The Trust proposes that the consultation process should as far as possible extend for a period of at least eight weeks. In keeping with the Equality Commission’s guidelines, the Trust will not take a decision in relation to a policy area without taking into account the outcomes of consultation.

As part of the consultation process on the Scheme and, thereinafter, where consultation is required on the measures contained within the Scheme, the Trust aims to employ the following methods, as appropriate, in ensuring timely, open and inclusive consultation:p

ress releases/advertisements

Targeted adverts/articles in specialist press/newsletters

Direct invitation to groups

Public meetings across the Trust’s geographical area

Face to face meetings

Questionnaires/opinion surveys

Discussion papers with the opportunity for comment in writing

Small group meetings or specialist meetings

Focus groups

Internet discussions

NB: Decisions on the best mechanism to pursue will depend to a large extent on the nature of the issue being consulted upon and the nature of the constituencies affected. The Trust will work with representative groups and individuals of the Section 75 categories from its central consultation list in order to identify how best to obtain their views. It will be important to establish the basis for dialogue and engagement during the life of the Scheme. The Trust also engages with Staff Side representatives via the Staff Joint Forum quarterly meeting.

As reflected above and in the Trust’s Equality Scheme, the accessibility of language and the format of information provided by the Trust is always considered to ensure that there are no barriers to the consultation process. Specific consideration is always given and advice sought from those with specialist knowledge in this area as to how best the Trust can communicate information and consult with those with particular needs such as people with learning disabilities and persons who have a mental illness, e.g. through the use of advocates.

The Trust acknowledges the importance of full participation in any meetings that are held as part of the consultation process. Consideration will be given as to which method of consultation is most appropriate in the circumstances. Clearly, different groups have different needs and may have different customs. In this respect the Trust gives specific consideration to the following:-

Time of day when meeting is being held

Appropriateness of the venue including access for those with a disability, e.g. wheelchair accessible

Neutral location of the venues

Accessibility to venues via public transport

How the meeting is conducted

Use of appropriate language in conducting the meeting

Whether a signer/loop system is necessary

Provision of child care

In May 2003 the Department's Evaluation and Equality Unit issued "Guidance on Consultation Methods for Managers within the HSSPS Family". This guidance was developed to provide a common framework for use across the HSSPS family of business. It was designed to assist those with a responsibility to undertake consultation, to provide practical ways of delivering effective consultation, and to help business units to meet their statutory obligations under Section75. The aim was to make consultation more meaningful and effective and to open up decision-making in the HSSPS to as wide a range of people and organisations as possible. The guidance reflects guidance produced by the Equality Commission and guidance from OFMDFM at the time. It also draws on good practice and relevant experience from across the HSSPS and other organisations.

In addition to this work, Four HPSS Equality Good Practice Reviews were carried out during 2002-2004 one of which covered user involvement. Each of the four reviews produced a new set of guidance which the Department issued to HPSS Chief Executives in February 2004. The Trust has continued to take cognisance of these reviews in its day to day business,

Furthermore, the regional strategy “A Healthier Future”, published in December 2004, presents a vision of how our health and social services will develop in Northern Ireland over the next 20 years. Involving people is one of the cross-cutting themes in the new twenty-year strategy. The following Policy Direction is proposed:

“We will make it a strategic priority to fully engage with, and support the development of people and caring communities who will:
(i) actively promote health and wellbeing; (ii) have a central role in managing chronic conditions and (iii) be partners in the design and management of our health and social services”.

The key features of this partnership approach would be:

a new unified focus on engaging with users;

users taking ownership of and becoming involved in promoting their own health and wellbeing and preventing illness and harm;

helping frequent users of the services to acquire the confidence, knowledge and skills to manage their own conditions better;

the active involvement of users in the planning, design and delivery of services; and

mainstreaming community development to ensure that a sustainable programme of community development is at the heart of our services.

In the “Making it Happen” section of the strategy document the two objectives quoted below, in bold, are proposed for delivering on this new agenda for engaging with users.

By 2007 to produce an overarching policy for involving people and building caring communities.

(This policy will build on existing initiatives such as Health Action Zones, Investing for Health Partnerships and Community Pharmacy Partnerships. It will, however, go further in promoting a range of new initiatives and programmes based on a community development approach to promote engagement and dialogue between the public and the health and social services).

It should be noted however that the implications of the new RPA structures on Health Action Zones, Investing for Health Partnerships and Community Pharmacy Partnerships have still to be determined.

In developing the overarching policy, it is proposed to establish a regional Public Involvement Steering Group for health and social services to drive a coordinated programme of engagement supported by a service-wide training and development programme. A key aspect of this was to be the development of strong citizen advocacy arrangements in partnership, in the first instance, with the four existing Health and Social Services Councils (which will be replaced by the Patient and Client Council). It was envisaged that these arrangements would be further developed and enhanced with new regional health and social care advocacy arrangements arising from the ongoing Review of Public Administration.

By 2008 have established seven region-wide Chronic Condition Management (CCM) programmes.

(These programmes will ensure that people and communities are fully involved in managing long term or chronic conditions).

It might also be noted that the DHSSPS currently have a Draft Strategy and Action Plan to Promote Equality, Good Relations and Human Rights with the Minister seeking his approval to launch a 3 month consultation on the draft strategy and action plan.

One of the key strategic objectives of the strategy is:

To promote a culture of involvement by continually engaging with service users/stakeholders.

This is supported by the following commitments in the action plan:

To continue to consult and actively engage with people affected by policy decisions in keeping with the statutory requirements of Section 75 of the Northern Ireland Act 1998.

To hold the first of a programme of targeted & cross-thematic consultative workshops to explore further specific sets of issues, identified at the stock take exercise, which affect the various equality dimensions of Section 75.

One of the key success factors is effective involvement of people through the development of meaningful internal and external partnerships. The associated key indicators are:

Plans for the systematic and continuous involvement of people.

Mechanisms of support to facilitate the involvement of people.

Examples of good practices in public involvement.

Involvement of people in the planning, design and delivery of services.

Stakeholder forums, workshops, focus groups, satisfaction surveys, open meetings.

Level of attendance at stakeholder events and responses to consultations.

Feedback indicates a high level of satisfaction with involvement policies and practices.

Open and co-operative style including transparent processes.

Accessible advice and timely and accurate information.

Regular feedback from stakeholders on extent to which they feel engaged and involved.

In terms of practical examples of consultation from within the Trust, the following are evidence of the Trusts engagement in such dialogue;

Mental Health Service Users Forum

In April 2005 the Community Development Team on behalf of the SHSSB Mental Health Stakeholders Forum facilitated a consultation workshop with local stakeholders regarding the Review of Mental Health Services.

The Team then worked in partnership with the Community Mental Health Team to establish the Armagh & Dungannon Mental Health Service Users Forum. An initial meeting was held in September 2005. The group have held bi-monthly meetings since this time. The Community Development Team has assisted the group to adopt a constitution and also to nominate office bearers. The Community Development Team assisted the group in applying to SIHP for funding. As a result the group was awarded £500.

Disability Issues

The Community Development Team has been working in partnership with Out and About and Equality 2000 Ltd, two voluntary sector organisations representing disability issues to carry out a questionnaire survey recording the needs of disability groups in the Armagh and Dungannon area.

From this data, it emerged that groups wanted more information on funding opportunities, information on services and sourcing relevant speakers. Out and About submitted an application to Awards for All on behalf of the partnership and £5000 was secured to print and launch the Directory and to develop 3 information seminars.

7.0 COMMUNICATION

7.1 The Trust seeks to ensure that communication channels are open and transparent and reach all sections of the community it serves and its staff.

7.2 In the area of staff, the extensive training programme set out above ensures the promotion of positive attitudes towards disabled people. The Trust also has a quarterly Magazine which includes both staffing and service related events. On many occasions this will highlight the involvement of disabled people in a variety of settings.

7.3 In terms of support for managers the Trust regularly provides Fact sheets on the key changes in employment law and highlights these through the Senior Manager Seminars.

7.4 All of the methods of communication listed above will be revised as appropriate to take account of the duty to promote positive attitudes towards disabled people and to encourage the participation of disabled people in public life and will use appropriate imagery and terminology etc.

7.5 The Trust will also use other means from time to time to heighten communication and awareness. For example in December 2003, A Disability Showcase Event was held in Armagh City Hotel with the primary aim of promoting Disability Awareness as part of the European Year for People with Disabilities. This not only highlighted events the Trust had been involved with but also launched the “Respect Group’s Poster”, highlighting the issue of non disabled people using car parking reserved for disabled people. The Trusts “Disability Etiquette Leaflet” was also launched at this event.

7.6 Another such example would be December 2006 when the Trust engaged in an “Interactive Careers Fair” hosted by all HPSS organisations in the Southern Area. Whilst this event was aimed at promoting careers within the HPSS, and particularly the Southern Area, this also provided the opportunity to highlight the opportunities available for disabled employees too.

7.7 The Trusts Grant Aid Policy has been reviewed in recent years to ensure incorporation of equality legislation (s75 NI Act), to make more user friendly, and to encourage partnership and mutual understanding when awarding grant aid. This policy is now undergoing further review as part of the policy Harmonisation under the new Southern Health and Social Care Trust on 1 April 2007.

7.8 In March 2004, a group of Board, Trust and Community representatives came together to develop plans aimed at increasing the involvement of users in the planning, delivery and monitoring of health and social care services provided to them. A draft User Involvement Policy was developed entitled “Together we make a Difference” The process was inclusive of consultations with staff, service users, their representatives and carers. The draft policy developed by the Steering Group was presented at the SHSSB’s Board meeting in June 2006 and the final draft was then circulated for general consultation. This final consultation period ended on 18 August 2006. The Steering Group intend to develop the policy further, work on plans to implement it within the new Southern Health and Social Care Trust and make it available in any requested language or format. A joint Community Development Team working group has been established to consider the issue of service user involvement as we move into the new RPA arrangements.

7.9 During the Autumn of 2005, the CD Team came together with the CD Teams from the other Trust’s in the Southern Board area to assist the Southern Health and Social Care Council in their research into the impact of Service User Involvement in Health and Social Services. This research is was timely given that the Trusts and the Board were revising/developing Service User Involvement policies. The final report on the impact of user participation in the Southern Board Area was launched on 30 March 2006.

7.10 Cash Grant Scheme - A multi-agency, multi-disciplinary group within the Trust have developed an information pack to assist students with complex needs to attend University and College. This project is called “The Road to Opportunity” and won 2nd place in Northern Ireland in the Cash Grant Scheme competition.

7.11 The Trust has in place a Complaints Procedure which takes account of the needs of disabled people as does the Trust’s Leaflet “We Value Your Views” in that staff are required to offer every possible assistance to those who require help and this information is made available in alternative formats e.g. Braille etc. As referenced earlier in this report the Trust also have a protocol for dealing with harassment between staff and non-staff, i.e. service users, clients, members of the public etc.

8.0 INFORMATION SUPPORT

8.1 The Trusts Community Development Team continues to be proactive in promoting equality of opportunity for disabled people in the Trust area. This approach is in keeping with recommendations in Section 75 of the NI Act 1998, Human Rights Act and New TSN.

8.2 The team has steadily expanded their work with a range of disability groups since the team came into operation in 2001. Seven new disability related groups have been established and 20 disability related groups previously not known to Trust have been identified and offered support. In addition the CD Team continues to support the four existing groups in the Armagh & Dungannon area. Much of the work involves information, advice, support and training on committee skills and networking opportunities. Assistance with funding opportunities is robust and includes identifying appropriate funding bodies and help with filling up application forms. The following is a synopsis of some of this work;

8.3.1 COPD Support Group

Armagh and Dungannon Chronic Obstructive Pulmonary Disease Group is a relatively new support group for people who experience COPD. The group was established in late 2005 and has been supported by the Community Development Team in partnership with the Armagh and Dungannon Health and Social Care Group.

The new support group aims to operate as a self-help group where members can support each other, share information on issues such as medication, and invite speakers on topics of interest to the group.

8.3.2 Station Road

Station Road is a Resource Centre for Adults with Learning Disability. The Community Development Team has assisted Station Road Support Group in securing £6,000 from Armagh City and District Local Strategy Partnership. The funding over two years provided for two Seminars, four Cross Community visits to other Resource Centres in Northern Ireland and two Cross Border visits.

8.3.3 Fibromyalgia Support Group

This support group was established in 2001 and continues to meet monthly in the Ballysaggart Business Complex. The Community Development Team has:

Assisted with articles for press to attract new members

Provided funding advice and assistance

The group now have a core membership of about 25 people. This group has meant that members are not isolated and can share experiences, information and advice with each other and access appropriate speakers.

8.3.4 Armagh & Dungannon ME Support Group

The Community Development Team continues to support this Group as required. The main areas of support requested are:

Assistance with funding applications

Facilitation of AGM

Delivery of capacity building training to committee members

9.0 ENCOURAGING PARTICIPATION OF DISABLED PEOPLE

IN PUBLIC LIFE

9.1 Whilst the duty is to promote participation in public life positions, the Trust does not have any authority in terms of recruiting for such positions as this is driven by the Department of Health, Social Services and Public Safety. However, the Trust has always ensured that its own recruitment procedures promote participation of disabled people in the workforce and, indeed, has held a workshop in conjunction with the Equality Commission to ensure it is proactive in its approach. Steps that have been taken are as follows:-

Regular review of policies in line with legislative developments and the Equality Commission’s own generic equality indicators.

Training materials for those participating on Recruitment & Selection panels are continuously reviewed and updated. Staff who participate on panels must attend a two day mandatory recruitment and selection course training before they are allowed to interview in order to challenge any perceptions that may exist amongst employees. This training specifically includes information on interviewing disabled candidates. This training is refreshed every 2 years through a half day tutor led session.

Job vacancies are advertised in local and regional press depending on the level of the post and local Training and Employment Agencies are also utilised. An equal opportunity statement is included on all job adverts.

All job applicants are asked on the application form if they have a disability and also ask what adjustments are needed to be made regarding the Recruitment & Selection process in terms of the venue for interview, any tests etc. that are to be used in the recruitment process.

Application forms and applicant information sheets are supplied in various formats as requested.

Personnel specifications are tailored to the needs of individual posts, including both qualifications or equivalent experience where appropriate and are developed with the input from service managers

Disabled applicants are offered an interview if they meet the minimum criteria.

Before a test or interview candidates with a disability are consulted about any adjustments that may be required, this is done via information on the application form, letter or telephone call.

Interview feedback is given to all job applicants on request.

Employee job descriptions contain equality paragraphs as follows, which can be augmented with the disability duties;

He/she must demonstrate a clear understanding of the Trust’s Equality Scheme and ensure that the commitments contained therein, in particular the duty to have due regard to the need to promote equality of opportunity and regard to the desirability of promoting good relations, become an integral element of his/hers day to day working practice.

The successful candidate must promote the Trust’s policy on equality of opportunity through his/her own actions.

Access to Work and/or Sheltered Employments schemes are utilised where appropriate.

The Trust has held a number of recruitment open days e.g. the Interactive Careers Fair (November 2005) which was open to all post primary and special schools with the Southern Education & Library Board area at which a number of disability organisations were represented. This event provided the opportunity to encourage positive interaction between disabled and non-disabled people

Job applicants are monitored for gender, religion, disability and race as is the Trust’s workforce in general. Periodic reviews are undertaken as to the prevalence of disability amongst the workforce and records are updated accordingly.

When organising course, conferences, seminars or training events, the needs of disable peopled are mainstreamed during the planning stage e.g. provision of sign language interpreters, loop systems, position of seats etc.

10.0 CONCLUSIONS

10.1 As evidenced in this report the Trust has many activities in place which would support the duties set out in the DDO (NI) 2006. Whilst it is acknowledged that there continues to be a need for ongoing development, it is clear that the work to date has made a significant contribution to the overall health and well being of patients, clients and staff.

10.2 The commitment of the Trust in the past 10 years has been unquestionable and the many good works will continue to be progressed under the auspices of the new Southern Health & Social Care Trust to which this Trust will transfer on 1 April 2007. There is no doubt that the new Trust will continue with the desire to contribute to the empowerment of disabled people to whom we deliver services and those we employ.

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APPENDIX 1

SCREENING GUIDANCE AND FORMS

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ARMAGH AND DUNGANNON

HEALTH AND SOCIAL SERVICES TRUST

Guidance on Screening Policies for Equality and Human Rights Implications

Northern Ireland Act 1998 (Section 75)

Human Rights Act 1998

Originally compiled December 2001

Minor modifications made April 2005

at Trust level

ad-guidance-hra&equalityimplications

1. INTRODUCTION

This document sets out guidance to managers developing policy and procedures within the Armagh and Dungannon Trust in consideration of Section 75 of the Northern Ireland Act 1998, and the Human Rights Act, which came into existence in October 2000.

1.2 The guidance is recognition that those managers introducing new policies need to take account of equality and human rights considerations. With regard to equality considerations specifically, this is apparent in the need to systematically review policies for equality implications - a process known as screening. In terms of human rights, public authorities are required to ensure their policies comply with the European Convention on Human Rights.

1.3 This guidance is intended to give managers relevant information so that they avoid developing policies that conflict or appear incompatible with equality or human rights considerations. It sets out the relevant information relating to the Northern Ireland Act 1998, and the Human Rights Act.

2. EQUALITY CONSIDERATIONS

Background

2.1 Public authorities are required to promote equality of opportunity and good relations under Section 75 of the Northern Ireland Act 1998. The arrangements for carrying out these obligations are outlined in the Trust’s Equality Scheme.

2.2 Of most relevance to the introduction of new policies is the requirement that all policies and procedures carried out by the Trust will be subject to screening.

What is a Policy?

2.3 It should be noted that the Equality Commission for NI's definition of a ‘policy’ is very wide. It fundamentally covers everything a public authority does, and includes written as well as unwritten policies. The Equality Commission definition states that a policy is ‘all the ways in which an authority carries out or proposes to carry out its functions relating to Northern Ireland’. This potentially means that ‘policies’ could range from basic administration procedures to new strategies for service provision.

I am introducing a new policy / Reviewing an existing Policy - what do I need to do?

2.4 All new or revised policies need to be screened or reviewed under the equality obligations.

2.5 Those proposing new policies / reviewing exiting policy need to ensure that they screen for equality implications at the same time as they start developing the new policy. This process is known as mainstreaming where equality considerations are factored in at the development stage of policy formulation.

2.6 The main purpose of screening is to identify whether or not a policy has significant equality implications. Effectively this is about making an initial judgement whether or not the aims of the policy would affect one or more of the nine equality groups covered by the equality legislation– potentially in an adverse or unfair way. The nine equality groups covered by the legislation are as follows:

persons of different ages;

persons of different gender;

persons of different marital status;

persons of different sexual orientation;

persons of different religion;

persons of different ethnic minority status;

persons of different political affiliation;

persons with or without a disability

persons with or without caring responsibilities.

2.7 Bearing in mind the range of groups covered by the legislation, those managers developing new policies need to make a judgement as to whether their proposed policy will have significant equality implications. To help managers decide if the policy has equality implications four criteria are listed below, which should be used in relation to all policies (please note that ‘groups’ refers to the nine categories listed above in 2.6):

Is there any evidence of higher or lower participation or uptake by different groups?

Might the new policy have an effect on one or more of the groups in terms of uptake or access (both for internal and external policies)?

Is there any evidence that different groups have different needs, experiences, issues and priorities in relation to the particular policy?

Would the new policy create difficulties for specific groups?

Is there an opportunity to better promote equality of opportunity or better community relations by altering the policy or working with others in government or in the larger community?

Could the new policy be altered to better reflect the promotion of equality of opportunity or better community relations?

Have consultations with relevant groups, organisations or individuals indicated that particular policies create problems that are specific to them?

Is there any evidence to suggest, from previous experience, that the new policy creates problems for particular groups?

2.8 Managers should use a template developed for screening policies (Appendix 1) to provide an audit trail in terms of the decisions made. The template provides a framework for ensuring that screening is adequately addressed at the policy formulation stage. It is expected that all new policies will have a screening template – in terms of the overall judgement on the equality implications of a policy. The person formulating the policy should liaise with the Trust's Equality Schemes Co-ordinator to ensure that the screening template is completed appropriately.

2.9 All policies put forward to the OMT should normally be accompanied by an appropriately completed Equality Screening form.

2.10 In all instances the completed Equality Screening form must be copied to the Personnel Department, The Hill Building, St Luke’s Hospital, Armagh. Screening forms may be chosen at random for quality assurance by the Trusts Equality & Human Rights Steering Group.

2.11 Fundamentally, if managers answer ‘yes’ to any of the four screening criteria, this identifies a policy as having potential equality implications. Managers may however make a common sense judgement on whether a new policy has equality implications. Managers should be aware that any decision can be challenged. It is therefore essential that in all instances the reasons for a decision not to proceed to full equality impact assessment is adequately and clearly recorded on the screening form under the section headed “Recommendations”, ensuring that a clear audit trail of the decision exists and the decision itself is defensible. In such cases, managers should seek a second opinion, through the Trust's Equality & Human Rights Steering Group. This is also advisable where a manager is unsure about the equality implications attached to a proposed policy

I have screened my policy – what next?

2.12 If a clear judgement on the equality implications of a new policy has been made – usually in consultation with the Trust's Equality Schemes Steering Group, there are two options.

2.13 Option 1 - Where no equality implications have been identified relating to a new policy or where the equality implications are not considered to be significant.

This will involve the manager inserting text into the final policy document showing the outcome of screening. See suggested text detailed in Appendix 3.

2.14 Option 2 - Where equality implications have been identified as significant.

This will involve further work. At this stage the manager should liaise with the Trust's Equality & Human Rights Steering Group to consider if the policy needs to be subject to an equality impact assessment. Initial contact should be made through your Directorate representative or through the Assistant Director of Personnel with responsibility for Equality. A listing of the membership of the Equality and Human Rights Steering group at 1 April 2005 may be seen at Appendix 4.

3. HUMAN RIGHTS CONSIDERATIONS

Background

3.1 The Human Rights Act came into effect on the 2 October 2000. The Act incorporates provisions from the European Convention on Human Rights (ECHR) into UK law. People can now claim their rights as individuals under the ECHR in UK courts and tribunals, rather than having to go (in the first place) to the European Court in Strasbourg.

3.2 Of most relevance is the promotion of Convention Rights in everything a public authority does. This requires public authorities to act in accordance with the Convention rights. The Convention rights are summarised below:

Article 2 - Right to Life;

Article 3 - Prohibition of Torture;

Article 4 - Prohibition of Slavery and Forced Labour;

Article 5 - Right to Liberty and Security;

Article 6 - Right to a Fair Trial;

Article 7 - No punishment without law;

Article 8 - Right to respect for private and family life;

Article 9 - Freedom of Thought, conscience and religion;

Article 10 - Freedom of Expression;

Article 11 - Freedom of Assembly and Association;

Article 12 - Right to Marry;

Article 14 - Prohibition of Discrimination;

Article 16 - Restriction on political activity of aliens;

Article 17 - Prohibition of abuse of rights;

Article 18 - Limitation on use of restrictions on rights;

Article 1 of Protocol 1 - Protection of Property;

Article 2 of Protocol 1 - Right to Education;

Article 3 of Protocol 1 - Right to Free Elections;

Article 1 of Protocol 6 - Abolition of the Death penalty;

Article 2 of Protocol 6 - Death penalty in time of war.

How does this affect my work?

3.3 All public authorities are required to positively ensure that respect for human rights is at the core of their day-to-day work. This covers all aspects of the public authority’s work, including internal staff and personnel issues, administrative procedures, decision-making, policy implementation and any interaction with members of the public.

3.4 Public authorities need to make sure that their policies and procedures are compatible with Convention rights. This includes both existing and new policies. The Trust's Equality Steering Group responsible for human rights in the organisation will audit existing policies, but managers developing new policies need to ensure that their policies are compatible with Convention rights.

I am developing a new policy – so what do I need to consider?

3.5 Under the Human Rights Act, someone who thinks that a public authority has breached their Convention rights can take the authority to court for breaching their rights or rely on the Convention rights in the course of any other proceedings involving a public authority e.g. care proceedings.

3.6 Only a person considered a victim can bring proceedings against a public authority under the Act. A victim is someone who is directly affected by the act in question. Victims can include companies as well as individuals and may also be relatives of the victim where a complaint is made about his death. A victim may also be a person who is at risk of being directly affected by a measure. An organisation or interest group or trade union cannot bring a case unless it is itself a victim. But there is nothing to stop it providing legal or other assistance to a victim. Governmental organisations cannot be victims.

3.7 Using Appendix 2 managers developing new policies should seek to identify areas of vulnerability to legal challenge at the policy formulation stage in relation to convention rights. For example, with particular relevance to the Trust, the following questions should be considered by managers developing new policies, to identify areas of vulnerability:

will the new policy involve making decisions that may adversely affect an individuals rights;

this relates to, primarily, disciplinary procedures, reviews, appeals and there may Article 6 ( Right to a Fair Trial )implications

will the new policy affect a person’s private or family life;

may be subject to restrictions, but includes interception of correspondence and telephone tapping (at home or at work), monitoring of e-mail and internet use, there may be Article 8 (Right to Private and Family Life) implications

will the new policy affect the right of a person to freedom of expression;

also may be subject to restrictions, but includes the freedom to express one’s sexuality, dress code and cultural identity of ethnic minorities, there may be Article 10 (Right to Freedom of Expression) implications

will the new policy affect the right of a person or religious organisation to freedom of thought, conscience or religion;

also may be subject to restrictions, but includes taking time off work to observe a religious holiday, discussion of the political situation in Northern Ireland, there may be Article 9 (Right to Freedom of Thought, Conscience and Religion) implications

will the new policy affect a person’s possessions or his ability to carry out a trade or profession;