1.1 Ipswich Borough Council is a significant employer and a major service provider. We are committed to promoting equality of opportunity and eliminating all forms of unlawful discrimination on grounds of disability, race, gender, age, sexuality and/or religion. We strives to ensure that our actions are not incompatible with the convention rights of the Human Rights Act 1998.
1.2 Our vision is set out in Transforming Ipswich. We aim to deliver quality services for the people of Ipswich and ensure that the principles of fairness and ease of use underpin all the Council’s activities. The Council – in its roles as community leader, service provider, , employer and a purchaser of goods and services can make a significant contribution to removing the barriers to equal opportunities for disabled people.
1.3 Publishing this scheme is more than a compliance with our legal duties under the Disability Discrimination Act - it is a continuing step in our commitment to promoting equality of opportunity.
1.4 This disability equality scheme sets out:
· The method for assessing the impact or likely impact of our policies and practices on promoting equality for disabled persons· The steps to be taken in order to fulfil the ‘general duty’.· Arrangements for gathering information on the effects of our policies and practices on disabled persons · Arrangements for gathering information on the effect on recruitment, development and retention of employees· The extent to which the service we provide and other functions performed take account of the needs of disabled persons· The arrangements for making use of such information to assist in the performance of general duties.
1.5 The final scheme has been prepared involving disabled people by:· sending the first draft of the scheme to the Disability Advice Bureau and to the Ipswich Access Group· Sending a later draft to a wide range of stakeholders representing the interests of disabled people.
2 The Social Model of Disability
2.1 This Council considers that adoption of the Social Model of disability provides the most appropriate framework within which to consider issues relating to disabled people.
2.2 The Social Model of disability considers that, at present, disabled people do not have the same opportunities or choices as non disabled people. Nor do they enjoy equal respect or full inclusion in society on an equal basis. The poverty, disadvantage and social exclusion experienced by many disabled people is not the inevitable result of their impairments or medical conditions, but rather stems from attitudinal and environmental barriers.
2.3 Many people have positive attitudes towards disabled people, but some may express pity, fear, lack of respect and sometimes even contempt. Such attitudes can be hurtful and can lead to discrimination and can place unnecessary restrictions on disabled people.
2.4 For many disabled people, environmental barriers play an even more important role in restricting opportunities than attitudes. Whilst these may be unintentional their impact can be significant. By failing to take account of particular circumstances of disabled people in the design of buildings, services and employment practices this excludes and creates disadvantage. Similarly this will apply when setting budgets for programmes without considering the additional needs of disabled people.
3. What is meant by disability?
3.1 The Disability Discrimination Act 1995 provides a legal definition of disability which says that a person has a disability if s/he has a physical or mental impairment which has a substantial and long term adverse effect on his or her ability to carry out normal day to day activities.
In interpreting this definition the following should be borne in mind
· The definition includes people who have recovered from a disability.· Impairment covers both physical and mental impairment including sensory impairments· Substantial means more than minor or trivial· Long term means lasting more than 12 months.
A more detailed explanation of the definition is contained at appendix A.
4. The Duties4.1 The General DutyThe Council has an overarching legal duty under s. 49A of the Disability Discrimination Act 1995. The duty is that the council must‘in carrying out its functions have due regard to the need to’ do all of the following
· promote equality of opportunity between disabled persons and other persons· eliminate discrimination that is unlawful under the act · eliminate harassment of disabled persons that is related to their disabilities· promote positive attitudes to disabled persons· encourage participation by disabled persons in public life· take steps to take account of disabled persons disabilities even when that involves treating disabled persons more favourably than other persons.
‘Due Regard’ means that the Council, when making decisions, must give appropriate weight to these issues - in order to do that it must know what impact its decisions will have on these issues. The actual weight given is for the Council to decide and it will depend on the circumstances in each case.
4.2 The Council is also required to produce and publish and keep under review a Disability Equality Scheme and to set out within that scheme those matters outlined in para 1.4 above.
5. About Ipswich
5.1 Ipswich has a population of approximately 126,000, according to the 2005 mid year assessment. The town is growing fast and is comprised of some 53,600 households.
5.2 No information is available about the number of people who are disabled within the definition of the Act. However there is a wide range of other information available:
· The 2001 Census asked people whether they were disabled (without giving a definition).· The 2001 Census also asked people whether they had a limiting long term illness.· People with a disability living in an adapted property are entitled to pay a reduced rate of council tax. The Council holds records about the numbers of properties affected. Clearly not all households with a disabled person will be entitled to such a reduction.· Figures for payment of incapacity benefit· Figures for payment of disability living allowance.· Figures for payment of attendance allowance· Figures for payment of carers allowance· Figures for the number of Blue Badges in operation
5.3 The wide range of information sources applying different criteria make it difficult to know the numbers of people who are disabled. The difficulty is compounded by the fact that the Disability Rights Commission states that 52% of people who would, under the legal definition of disability qualify as disabled, do not declare or consider themselves to be disabled.
Census
5.4 According to the Census, 33.9% of households in Ipswich contained someone with a limiting long term illness. For the Eastern Region the figure is lower at 30.77% and for England overall is slightly higher at 33.55% Table 1 in Appendix B shows that in some wards in Ipswich the number of households containing someone with a long term illness is over 39%.
5.5 In terms of individuals with a limiting long term illness, the Census shows that 17.99% of people in England have such an illness compared with 16.2% in the Eastern Region and 17.92% in Ipswich. Table 2 in Appendix B shows how this is distributed across Ipswich wards. 5.6 The Census also highlights the number of individuals who describe themselves as permanently sick or disabled. 3.64% of the Ipswich population fall within this category compared to 2.81% in the Eastern Region and 3.83% in England. 5.16% of respondents aged between 16 and 74 described themselves as falling within this category in the Eastern region the number is 3.91% and in England the figure is 5.30%. The distribution of these individuals across wards is shown in table 3 in Appendix B
5.7 Local tax records show that in September 2006 show that there are 424 (0.8%) dwellings that receive a disability reduction. This figure has in recent years been increasing although due to a more restrictive interpretation of the qualifying conditions this figure has seen a reduction over the last year. The distribution of Council Tax Disability Reductions across bands is set out as table 4 in Appendix B.
5.8 In February 2006 the statistics for incapacity benefit/severe disablement allowance showed that there were 4,727 claimants in Ipswich. The ward distribution for different types of claim is set out as table 5 in Appendix B. Incapacity Benefit/severe disablement allowance are weekly benefits payable to those who are unable to work and are aged between 16 – 65. The figures highlight that mental health problems are the greatest cause for claim far exceeding any other.
5.9 Disability Living Allowance is a weekly benefit payable to individuals from age three who have mobility problems and to those from birth who have substantial care and or supervision needs. It can be claimed by those up to age 65 on first claim and once in payment can be paid indefinitely thereafter. In February 2006 the number of awards was as follows:-
Disability Living Allowance – February 2006 (thousands)Ipswich 6,065*Eastern Region 183,000England 2,118,000 *Of these claims 940 are payable to children under 16.
5.10 Attendance Allowance which is payable to disabled people who claim over the age 65 was in payment to 3,900 Ipswich claimants in February 2006Attendance Allowance – February 2006 (thousands)Ipswich 0.0390Eastern region 21.42England 1642.09
5.11 Both Attendance Allowance and Disability Living Allowance are payable as a result of specific criteria being met and as separate entitlements and do not overlap therefore the total number of claims in Ipswich can amount to approximately 9,000.
5.12 Carer’s Allowance is a benefit payable to those who provide care of 35 hours per week or more in respect of those receiving Attendance Allowance or the middle or higher rates of the care component of Disability Living Allowance. In February 2006 there were 1,970 people in Ipswich entitled to Carer’s Allowance representing 50.3% of all those receiving Carer’s Allowance in Suffolk and 7.42% of those in the Eastern Region.
5.13 Although figures are not provided for Ipswich there are over a three year period 30,000 Blue Badges have been issued to Suffolk residents. Whilst these figures cannot at present be broken down to an Ipswich level, clearly Ipswich is the main shopping centre and many car journeys will be to Ipswich, even if they don’t involve Ipswich residents.
6. About Ipswich Borough Council
6.1 The Council’s principal roles are:
· As a provider of community leadership and support· To provide a sense of place
In doing this we:· provide a range of services and facilities,· enable development within the Borough,· are a convenor of other public services via the Local Strategic Partnership. · Are a significant employer and a purchaser of goods and services
6.2 In the performance of its direct provision role the Council carries out functions in the following core areas:
· housing· planning and economic development · environmental management and regulation· housing and council tax benefits· culture leisure and sport · transportation and parking· planning· community safety
6.3 The Council comprises 48 elected councillors who are elected for a four year period. The Council has adopted Leader and Executive arrangements. The Leader and Executive discharge most of the Council’s functions on behalf of the Council. Many remaining non- Executive functions are supervised by committees. The Council however retains overall supervision of all decision making.
6.4 An Overview and Scrutiny Committee and its Scrutiny Sub-Committees, support the work of the Executive and the Council. Meetings of the Council, the Executive, Overview and Scrutiny and its sub committees are open to the public except where personal or confidential matters are being discussed.
6.5 The work of the Council is supported by its employees who are grouped into service areas operating under the leadership of the Council’s Directors’ Team headed by the Chief Executive The Chief Executive is the point of contact for the Disability Rights Commission.
6.6 The Chief Executive, Directors and Councillors provide strategic advice and oversee the work of the Council. The team of Chief Officers is also responsible for the corporate management of the Council. The Chief Executive and Directors Team is responsible for the giving of strategic advice to the Council. A Director has responsibility for equalities matters within Directors Team.
6.7 The Council is a ‘Positive about Disabled People’ Employer.
6.8 The Council recognises the importance of equality issues and the Fairer Ipswich Officer has responsibility for advocating equality issues within the Council and for giving advice on new policies to make sure that they don’t have an avoidable disproportionate impact on disabled people.
6.9 Area Forums have been established and give local people a greater say in Council affairs. These provide a way for local people to discuss issues which are important to them and to influence the way in which local services are prioritised and managed.
6.10 As part of the Council’s responsibility to promote Disability Equality we will:
· seek to ensure that all new policies are assessed using an equality impact assessment using the methodology appended to the scheme as (see section 7 for further details).· ensure that appropriate consultation is carried out as in section 9.· Ensure that where significant policies are reviewed the same methodology will be used (see section 7 for more details)· Require operational plans and service plans to commit to review relevant policies ( See section 7 for more details) · Encourage service areas to complete a Diversity Audit to highlight good practice or weaknesses in knowledge and/or skills to provide a basis for improvement.
6.11 The Disability Rights Commission states that 52% of people who qualify as disabled under the Act do not declare or consider themselves to be disabled. The percentage of the Ipswich Borough Council workforce declaring a disability in accordance with the Disability Discrimination Act 1995 is 2.11%. The percentage of the population that declaring themselves economically active but disabled in the census was 13.86%. However the definitions used in the census were not the same as in the Act so a satisfactory comparison cannot be made - like is not being compared with like.
6.12 To help meet the General Duty it will be necessary to establish an Equalities and Diversity Group within the Council along with a group to specifically consider issues of disability that can further inform the work in this area
6.13 In meeting the General Duty the Council will a) promote equality of opportunity between disabled persons and other persons by raising awareness of disability and disability issues through our publications and through training. b) eliminate discrimination that is unlawful under the Act by raising awareness through providing facilities for councillors and employees to receive training and through our publications and encourage the reporting of discriminatory acts and use of our complaints procedure and taking appropriate action and through involvement of disabled persons through consultationc) eliminate harassment of disabled persons that is related to their disabilities through raising greater awareness by training employees, use of the Harassment and Bullying policy and reporting. In responding to allegations of harassment relating to housing the Council will continue to apply its policies and procedures on dealing with this. In responding to other allegations the Council will in appropriate cases, liaise with the police and use anti social behaviour orders to protect disabled people.d) Promote positive attitudes towards disabled people by ensuring our buildings are accessible, maintaining our ‘Positive about Disabled People’ status and raising awareness through training and through impact assessing our procedures policies and practices and ensuring that monitoring is undertaken.e) Encourage participation by disabled persons in public life by involving disabled persons in the development of policies and in the process of impact assessments and producing information on the role of councillorsf) Taking steps to take account of disabled persons’ disabilities, even when that involves treating disabled persons more favourably than other persons by raising awareness and through the effective use of impact assessments and through effective monitoring.
The steps to be taken are outlined below.
7. Arrangements for assessing the Council’s policies for their impact on equality for disabled persons.
7.1. This section is divided into the following areas Review of Current Policies New policies Changes to policies
7.2 Review of Current Policies
7.2.1 Over the lifetime of this scheme up to 12 areas will be selected for review. When carrying out these the Council will assess how each of the relevant policies can contribute to the general duty
7.2.2 Each impact assessment will be carried out by the service area manager and appropriate Officers and supported by the Fairer Ipswich officer, the Equalities and Diversity Group along with and overseen by the Directors Team
7.2.3 The council will ask the following questions
· Is there any evidence, or other reason to believe, that there is higher or lower participation or uptake by people with disabilities?
· Is there any evidence that people with disabilities have different needs, experiences, issues and priorities in relation to the particular policy issue?
· 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 wider community?
· Have relevant groups, organisations or individuals indicated (following consultation or otherwise) that particular policies create problems which are specific to them?
· Does the policy appear to be directly or indirectly discriminatory?
· Is there an alternative measure that could achieve the same goal without adverse impact?
7.2.4 In asking these questions the Council will need to:
· Look at records of complaints· Look at customer satisfaction surveys· Carry out consultations with relevant representatives. The Fairer Ipswich Officer will advise who is a relevant consultee for each policy.
7.2.5 These reviews will be carried out in consultation with the appropriate Director, the Fairer Ipswich Officer and the appropriate policy officer If any discriminatory effect is found then consideration will be given to changing the policy in order to remove the discriminatory effect. Where change is not made a full reasons will need to be given as to why the change is not to be made
7.3 New Policies
7.3.1 Any policies or procedures being developed will need to be subject to an initial assessment in order to determine the importance of the policy in meeting the ‘general duty’. In order to determine relevance the following questions may be asked:
· Does the policy/procedure affect the public directly?· Does the policy affect the public indirectly?· Does the function or policy relate purely to technical matters- if so the policy might still be relevant?· Is there evidence to show that the policy may have a differential impact on different race equality groups?· In the absence of evidence are there any groups that may be affected by the policy more than others· Does the policy have employment implications
7.3.2 Where the answer to one or more questions is positive then the strategy policy or function is likely to be relevant and should be the subject of a full impact assessment.
7.3.3 When an impact assessment is to be carried out relevant groups should be consulted at the earliest opportunity which may provide the opportunity to highlight issues and prevent the strategy, policy or procedure having a discriminatory effect.
7.3.4 Anyone responsible for preparing drafts of important policies or reports on functions procedures and practices should ensure that relevant groups are consulted at an early stage which gives them the opportunity to prevent the policy having a discriminatory effect. The Fairer Ipswich Officer can advise about relevant consultees. The Fairer Ipswich Officer should also be consulted and may ask for the policy to be referred to the Equalities and Diversity Group or for consideration by Disability Group/Disability Access Group
7.3.5 Whenever the Council is considering introducing a new written policy this must be considered by the Fairer Ipswich Officer, Legal Services, Directors Team, Policy Committee and Executive before adoption. Each policy must include an Equality Impact Assessment. This will include the results of any external consultations, recommendations, and appropriate monitoring and evaluation arrangements. Each level should ensure that the writer of the policy has consulted relevant groups to ensure that the Council’s obligation under the three strands of the general duty have been debated and the equality impact assessment considered before considered before the policy, function or procedure is formally adopted. New policies should be reviewed after 6-12 months to ensure that the policy is meeting its aims and objectives and that disability equality actions are being undertaken
7.4 Changes to Policies7.4.1 In the case of changes to policies, functions, practices or procedures provisions as outlined in 7.2 to 7.3 above will also apply
8. Management of the implementation of section 7
8.1 As part of its corporate planning process, the Council will build appropriate objectives and targets relating to the general duty into corporate and business plans. These will be reflected at all levels of strategic planning within the Council. Where managers need to review policies in their service areas it will be necessary to include this duty in individual staff objectives and performance targets as part of the annual staff appraisal process and annual plans. The Chief Executive in conjunction with Directors Team will monitor progress on meeting objectives, including those relating to the general duty, at regular meetings. Individual performance will be monitored and reviewed through performance review arrangements using the staff appraisal and performance review process.
8.2 A progress report as to meeting duties under the scheme policies will be included in the Council’s annual report, a copy of which will be sent to the Disability Rights Commission.
8.3 The Council will liase with the Disability Rights Commission and the Suffolk Joint Diversity Working Group with a view to ensuring that progress is maintained.
9. Consultation
9.1 The Council is committed to engaging groups and individuals in the consultation process at as early a stage as possible. Section 7 sets out how people will be involved in the review and assessment of policies and the adoption of new or changed policies. The method of consultation may take different forms ranging from written consultation focus groups or questionnaires will depend on the subject and it isn’t appropriate to specify the means here. We will use whatever method we believe is most appropriate. We will engage with other partner agencies Disability groups, businesses and individuals in order to identify how best to obtain their views
9.2 When organising consultation meetings, the Council will take steps to ensure full participation through careful consideration of the time of day, the appropriateness and accessibility of the venue, how the meeting is to be run, the use of appropriate language, whether sign language is needed and the provision of childcare.
9.3 Information will be made available for all consultation with the affected groups to ensure the highest level of inclusion in any policy decision making. It will furthermore be made available, on request, in accessible formats and in appropriate minority languages to meet the needs of those who are not fluent in English.
9.4 The Council considers it particularly important that sufficient information is provided to enable all affected groups and individuals to consider the full implications of proposals.
9.5 The Council will make sure that as much of the relevant information held by the Council is available to consultees as is practical. This will normally include things like reports from consultants.
9.6 Consideration will be given to how best to communicate information to young people and those with learning disabilities and the Council will discuss with representative groups how best to achieve this.
9.7 Training will be given to staff who are engaged in consultation exercises so as to ensure that they have the necessary skills to communicate effectively This will be developed with affected groups.
9.8 The Council will allow adequate time for groups to consult among themselves as part of the process of forming a view. The Council will be sensitive to the different needs and customs of consultees.
9.9 The Council will seek to work in partnership with others and seek to ensure that the partnerships can adequately meet our needs.
10. Gathering Evidence.
10.1 The Council will ensure that all satisfaction surveys commissioned by the Council for any purpose will ask respondents to voluntarily give their ethnic group, age and extent of disability. In analysing surveys the Council will ensure that if there are significant variations in results between different groups that this is noted on the report and reported to the relevant manager, Equalities and Diversity Group /Directors Team. Steps will need to be taken to ensure that that sample sizes are representative, and if a small sample shows a large variation between different ethnic groups and or disabled people this may indicate a need for a survey of a larger sample rather than necessarily proving that there is a problem.
10.2 The Council will continue to take steps to improve the means of monitoring service take up by disabled people, service outcomes; service satisfaction rates and service user needs and during the life of this scheme the Council will monitor the use One Ipswich-Customer Services Centre by disability.
10.3 The Council will consider if there are other ways in which it can ensure that potential discriminatory polices or practices are detected and dealt with effectively. This may include the use of:
· Information from other Councils and organisations· Disability Rights Commission· Census· Labour Force Survey· Household Survey· Pressure Group data· Statutory agencies· Deprivation studies and other appropriate documents· Published research reports· Community views
11. Publication of equality impact assessments and monitoring
11.1 The Council will make publicly available the outcome of any equality impact assessment and of any monitoring it undertakes. This will include:· the aim of the policy to which the assessment relates;· details of any consideration given by the Council to measures which might mitigate any adverse impact of that policy on the promotion of equality of opportunity;· details of any consideration given by the Council to any alternative policies which might better achieve the promotion of equality of opportunity.
11.2 This material will be publicised by:11.2.1 Making it accessible at the Council’s website at
http://www.ipswich.gov.uk/.11.2.2 Making it available in printed and electronic form to anyone who asks for it. 11.2.3 Making a summary leaflet available. A Fairer Suffolk The Disability Equality Duty leaflet highlighting the Duties has been produced by the Suffolk Joint Diversity working group.11.2.4Inform the general public about the availability of the material through press releases and the display of public notices and posters. 11.2.5 Informing people who were consulted on the assessment.
12. Employment
12.1 Ipswich Borough Council is committed to promoting disability equality in all aspects of employment and is committed to promoting equality of opportunity for all staff. It holds ‘double tick’ Positive about Disabled People award. Ipswich Borough Council does not discriminate against disabled people. Assessment in respect of selection and recruitment processes is based entirely on ability and suitability for the job. The Council aims to ensure that all staff can meet their potential and offers training and education opportunities and flexibility in working arrangements. The Council is committed to encouraging a diverse workforce along with an environment where discrimination, harassment and bullying is not tolerated.
12.2 Through introduction of the new HR computer system the Council will be better able to monitor the impact of its policies on the recruitment and retention and development of disabled people and take appropriate steps to redress any imbalance.
12.3 All employees have been asked to state whether or not they consider themselves to be disabled. The Head of Human Resources will ensure that senior managers and Councillors will receive annual reports detailing:
12.3.1 The percentage of new recruits who are disabled12.3.2 The percentage of leavers who are disabled12.3.3 The percentage of the workforce who are disabled12.3.4 The Council will also introduce monitoring of training opportunities for disabled people
13. Training 13.1 Training for Councillors, Directors, Senior Managers, Service Managers and relevant staff in respect of duties under the Act and undertaking impact assessments will be made available. Optional training for others will continue to be provided through equalities training where duties under the Act and also in respect of the Scheme have been incorporated. In addition a session on the duties under the Act and the Disability Equality scheme will be incorporated into the Council’s induction programme for new staff. In addition funds have been secured to explore the best methods possible for delivery of diversity training amongst all staff. It is proposed that this project will commence in 2007.
13.2 It is essential that training in relation to the duties under the Disability Discrimination Act and the Disability Equality scheme is a continuing feature of the Council’s training provision. Mechanisms for training all staff are to be investigated.
13.3 The Council will continue to develop its training in this area with the principal aims :-
13.3.1 To raise awareness of current anti-discrimination legislation. This will include an explanation of the duties and their implications for all employees.
13.3.2 To provide those employees involved in carrying out impact assessments with the necessary skills and knowledge to do this work effectively.
13.3.3 To provide those employees who deal with complaints in relation to the implementation of the Council’s Scheme with the necessary skills and knowledge to investigate and monitor complaints effectively.
13.3.4 To provide those employees involved in the consultation processes with the necessary skills and knowledge to do this work effectively.
13.3.5 To provide those employees involved in the implementation and monitoring of the effective implementation of the Council’s Equality Scheme to do this work effectively.
13.4 The impact of training will be evaluated so that the extent to which staff fully understand their role in implementing the duties can be assessed. The Council will report on the extent to which its training objectives have been met as part of the annual review and this will be submitted to Optua and the Disability Rights Commission
13.5 The Council will deliver all elements of the training plan in consultation with input from groups representing disabled people. It may be carried out in partnership with Optua or other partners
13.6 All staff will also have access to a full copy of the Scheme. Staff will be encouraged to identify any potentially discriminatory aspects of any policy and this is particularly highlighted at induction for new staffA summary of the scheme will also be made available.
14. Public access to information and services
14.1 As part of its commitment to ensuring ease of access and promoting fairness Ipswich the Council knows it must communicate effectively. As part of this it realises that printed communication in English may not the best way of consulting with everybody. The Council will need to communicate in different ways with people in the following groups: · people with sensory and learning disabilities;· members of ethnic minority groups whose first language is not English;
14.2 The Council will ensure that communications are accessible to all communities. This might include issuing press releases on disc and talking newspapers and ensuring effective use of the internet. The Council will also consider, where appropriate, what other measures might be used to ensure effective communication of this information to all members of the community.
14.3 Information about council services will be made available on request in accessible formats where this is necessary or desirable to meet the needs of those who are not fluent in English. Information in common languages will be included on information leaflets about our services and be available in different formats
14.4 The Council intends that all of its services are fully accessible to all parts of the community. Equality impact assessments may highlight any factors which indirectly discriminate by making a particular service less accessible to particular groups. The Council will monitor access to information and services to ensure equality of opportunity.
14.5 In all Council premises open to the public, the Council will seek to promote equality of opportunity and good relations within the terms of Section 49A of the Disability Discrimination Act. All public offices, leisure and community centres will promote a welcoming and harmonious environment. The Council will adhere to the relevant provisions of the Disability Discrimination Acts
15. Publication of the Disability Equality Scheme
15.1 Following submission to the Disability Rights Commission/ Disability Forum for Suffolk, this scheme will be available on request from Ipswich Borough Council, Grafton House, 15 – 17 Russell Rd, Ipswich IP1 2DE. It will be placed on the Council’s website (
http://www.ipswich.gov.uk/ ). The Council will also seek to maximise publicity in the press and ensure prominent coverage in the Council’s own newspaper The Angle. A copy will also be sent to all appropriate consultees. Consideration will also be given to other suitable methods of publication.
15.2 The Scheme will be available in electronic formats and will also upon request be made available in other formats Braille, audio tape, large print and other formats.
16 Complaints and Incidents16.1 Any person should be able to make a complaint and in doing so should be dealt with in a sympathetic manner.
16.2 The Council considers that complaints are normally best dealt with under the Council’s well established general complaints procedure which has been vetted by the Ombudsman and the Audit Commission. Full details about the procedure are in a separate leaflet. We will always try to resolve by discussion and agreement if we can.
16.3 Sometimes rather than raising a formal complaint, people may request that the Council carries out an early impact assessment on a policy. The council will encourage people to suggest improvements or changes to policies. We would always encourage this - even if the request for a change doesn’t specifically relate to a general duty issue.
16.4 We will take steps to ensure that the disability, age, ethnicity and sexuality of complainants is monitored effectively and that our complaints leaflets contain relevant information in accessible formats and languages.
16.5 The Council will not tolerate any form of harassment or discrimination by or towards its employees or anyone working for or on behalf of the Council. Staff are to be encouraged to report any incidents as soon as possible whether as a victim or a witness. Staff are encouraged to make use of the Dignity at Work policy. Deliberate Discrimination or harassment by a Council employee that employee will be subject to action under the Disciplinary Procedure. Unintended Discrimination will be regarded as an important training or counselling matter. 17. Partnership working with one-Ipswich, Voluntary Organisations and Contractors.
17.1. The Council will ensure that it meets its duty to promote disability equality in working with its partners eg One Ipswich partnership,the arrangements it makes for contracting out services to private companies at tender and delivery and in awarding grant aid to voluntary organisations.
17.2 The Council will ensure that contractors and voluntary organisations are aware of and are assisted to fulfil their rights and responsibilities under the Disability Discrimination Act.
17.3 Steps will be taken to ensure that the partnerships in which the Council is involved that partners are aware of the Council’s duties under the Disability Discrimination Act and the Council will use these partnerships to promote the interests of disabled people.
18 Review of the Scheme
18.1 Within three years of submitting this scheme to the Disability Rights Commission, the Council will conduct a formal review of the scheme every three years. We will decide what has worked and what hasn’t, consider any revised guidance issued by the DRC and see if any improvements can be made. We will of course consult on the review.
18.2 The outcome of this review will be made public and will result in a new scheme.
Ipswich Borough Council wants wants to ensure that its services are accessible to all our customers. Our documents can be made available in large print, Braille, on audio cassette or computer disk. We can also provide information in languages other than English. We also work with Language Line to remove language barriers.
Appendix A
The meaning of disability.
What is meant by disability?The Disability Discrimination Act 1995 provides a legal definition of disability which says that a person has a disability if s/he has a physical or mental impairment which has a substantial and long term adverse effect on his or her ability to carry out normal day to day activities.
In interpreting this definition the following should be borne in mind
People who have recovered from a disability. People who have had a disability within the definition and have since recovered area.
Impairment Impairment covers both physical or mental impairment and includes sensory impairments such as those affecting sight or hearing.
Mental Impairment Mental Impairment is intended to cover a wide range of impairments relating to mental functioning including learning disabilities
‘Substantial’ adverse effect A substantial adverse effect is something which is more than a minor or trivial effect. The requirement that an effect must be substantial reflects a general understanding of disability as a limitation going beyond the normal differences in ability which might exist among people.
‘Long Term’ effect. A long term effect of an impairment is one which has lasted at least 12 months, or where the total period for which it lasts is likely to be at least 12 months or which is likely to last for the rest of the life of the person affected. Effects which are not long term would include loss of mobility due to a broken limb which is likely to heal within 12 months and the effects of temporary infections, from which a person is likely to recover within 12 months.
Recurring effects If an impairment has had a substantial adverse effect on normal day to day activities but that effect ceases, the substantial effect is treated as continuing if it is likely to recur ie if it is more probable than not that the effect will recur.
Normal Day to Day activities.These are activities which are carried out by most people on a fairly regular and frequent basis. The test of whether an impairment affects normal day to day activities is whether an impairment affects one of the broad categories of capacity listed in schedule 1 of the Act. These are:- Mobility Manual dexterity Physical coordination Continence Lifting, Carrying, Moving everyday objects, Speech, hearing, eye sight, Memory or ability to concentrate, learn or understand, Perception of the risk of physical danger.
TreatmentWhere treatment is being received which alleviates or removes the effect of impairment though not the impairment itself, in such cases the treatment is ignored and the impairment is taken to have the effect as if treatment were not being applied. This however does not apply if adverse effects are not likely to recur even if treatment stops ie impairment is cured.
Wearing of spectaclesThe one exception to the rule about ignoring the effects of treatment is the wearing of spectacles or contact lenses.
DisfigurementPeople with severe disfigurements are covered by the Act and do not need to demonstrate that the impairment has a substantial adverse effect on their ability to carry out day to day activities.
Others automatically covered by the definition.Other people automatically treated as disabled under the Act. Anyone who has:- HIV infection Cancer Multiple sclerosis Registered or certified blind or partially sighted or if not registered or certified as blind can meet the definition of disability.
Worsening ConditionsProgressive conditions are conditions which are likely to change and develop over time. A person who has a progressive condition will be covered by the Act from the moment the condition leads to impairment affecting ability to carry out normal day to day activities.
Genetic ConditionsIf a genetic condition has no effect on the ability to carry out normal day to day activities the person is not covered. Diagnosis does not in itself bring someone within the definition. If the genetic condition is also progressive the progressive rule applies.
Conditions specifically excluded.Certain conditions are regarded as not amounting to impairments. These are as follows:-
Addiction to or dependency on alcohol, nicotine or any other substance ( other than as a result of the substance being medically prescribed) Seasonal allergic rhinitis (hayfever) unless it aggravates another condition tendency to set fires tendency to steal tendency to physical or sexual abuse of others exhibitionism voyeurism disfigurement through tattooing non medical body piercing something attached through such piercing
People who meet the definitions contained in the act are protected whether or not they themselves might consider themselves as disabled. Appendix B
Table 1Households with limiting long term Illness By Ward – 2001 Census Percentage of households with limiting long term illness Wards with above average % of Households with limiting long term illness Priory Heath 39.48Whitton 39.01Sprites 38.01Gainsborough 37.14Gipping 36.71Wards with at or near average % of households with people with limiting long term illness Whitehouse 34.39Rushmere 34Bixley 32.62Bridge 32.17Wards with below average % of households with people with limiting long term illness Stoke Park 31.94Castle Hill 31.69St John’s 30.94Holywells 29.58St. Margaret’s 28.97Westgate 28.31Alexandra 27.90
Table 2 Individuals with limiting long term Illness By Ward – 2001 Census Households with limiting long term illness % Households with limiting long term illness NosWards with above average % of People with limiting long term illness Gipping 20.13 1535Sprites 19.92 1396Priory Heath 19.7 1266Bridge 19.65 1420Gainsborough 18.76 1572Whitton 18.45 1503St. Johns 18.33 1328Wards with at or near average % of individuals with limiting long term illness Bixley 18.14 1306Rushmere 17.89 1430Whitehouse 17.81 1330St Margaret’s 17.12 1248Wards with below average % of individuals with limiting long term illness Westgate 16.74 1265Alexandra 16.7 1188Stoke Park 16.42 1188Holywells 16.18 911Castle Hill 15.69 1181
Table 3
Distribution of those identifying themselves in the Census as permanently sick or disabled aged 16 - 74Wards with above average % of permanently sick or disabled aged 16 - 74Priory Heath 7.21Gipping 6.94Gainsborough 6.59Bridge 6.03Whitehouse 5.64Sprites 5.75Wards with at or near average % of permanently sick or disabled people aged 16 - 74Westgate 5.54Stoke Park 5.49Whitton 5.39Alexandra 5.13Rushmere 4.68St. John’s 4.33Wards with at or below average % of permanently sick or disabled aged 16-74. Holywells 4.06Bixley 3.34Castle Hill 2.95St. Margaret’s 2.84
Table 4
Band Number of Dwellings with Disability Reduction Total Chargeable Dwellings in Band Percentage of Dwellings in Band with Disability Reduction Band A 41 16,309 0.26Band B 171 20,008 0.85Band C 110 10,293 1.1Band D 54 3,823 1.4Band E 22 1,977 1.1Band F 8 865 1Band G 12 319 3.76Band H 6* 11 54.5Total 424 53,605 *Properties in band H mainly relate to nursing homes.
Table 5.Distribution of Incapacity Benefit recipients by ward and by conditionWard Number Mental Health Nervous Respiratory/Circulatory Muscular skeletal Injury/ poisoning OtherGipping 470 215 40 25 80 15 95Bridge 425 186 40 15 70 30 90Westgate 360 200 35 15 65 25 70Gainsborough 355 155 25 35 95 15 75Stoke Park 380 160 20 20 75 25 80Priory Heath 380 155 15 25 80 20 85Whitton 330 110 30 35 65 20 70Sprites 315 105 35 25 70 20 60Whitehouse 310 100 20 25 75 20 70Rushmere 257 95 35 15 55 20 55St. John’s 225 90 15 20 45 10 45Holywells 165 65 15 10 35 10 30Bixley 165 55 15 10 30 10 45St Margaret’s 160 75 20 10 20 5 30Castle Hill 160 65 20 10 25 15 25Total 4727
Incapacity Benefit/severe disablement allowance are weekly benefits payable to those who are unable to work and are aged between 16 – 65. and the above figures highlight that mental health problems are the greatest cause for claim far exceeding any other. Appendix C Ipswich Borough CouncilEquality Impact Assessments
Equality Impact Assessments are a way of assessing the potential impact of proposed or existing policies, practices and services on different equalities strands/groups, in order to mitigate or remove any adverse impact wherever practicable.
Ipswich Borough Council has decided that the following 6 equalities strands must be considered in equality impact assessments: Race, Disability, Gender, Age, Sexual Orientation, Belief/Faith.
Assess Early!
Equality Impact Assessments should take place as early as possible when considering a new policy, procedure, function or service – or a review of them. They should preferably be considered at the outset to ensure they are an integral part of the planning and decision making process e.g when a project or working team is first put together. Leaving the EIA until e.g a committee report has been drafted will usually be far too late because it may then be necessary to carry out consultation exercises etc with stakeholders which could take considerable time to administer, hence holding up the decision making and approval process. EIAs are not an ‘add on’. A ‘tick box’ approach is not acceptable.
Screening
‘Screening’ is a process to ascertain whether a full Equality Impact Assessment is necessary as it is recognised that in some situations it may not be. Screening is important as a ‘gatekeeper’ and must be carried out consistently and based on appropriate information. Certainly the decision not to carry out a full assessment must be recorded with robust supporting reasons. All proposed new policies, procedures, functions and services or proposed changes to them must be screened.
Even where the screening process decides a full impact assessment is necessary differing amounts of resource will be deployed according to the relevance of the proposed policy to the different equalities issues and its potential impact.
Guidance notes and templates will be made available on the Intranet both for screening and full assessments and appropriate training and support made available. Completed full assessments will be held by Human Resources and Councillor Services to ensure they are available for in-house monitoring purposes, for attaching to committee reports, to share best practice with other managers, or publication in the event of a request from an interested party.
Ipswich Borough CouncilEquality Impact Assessment – Screening Process
Report/Project Title:Date:Service Area:Names of those ‘screening’:
Please answer the following questions to ascertain whether a full equality impact assessment is needed. The screening process benefits most from the input and judgement of several different people to ensure as wide a perspective as possible is taken into account. ‘Equalities strands’ refers to the following standard equalities headings: Race, Disability, Gender, Age, Sexual Orientation or Faith/Belief. ‘Equalities groups’ refers to the actual groups of employees or service users who could be affected.
What is the purpose of the proposed policy/procedure/function?
Who is it intended to benefit and how?E.g employees, service users, public)
1) Is there any evidence it could have a differential impact on any of the 6 different equalities strands either positively or negatively? Yes/No
If yes - at this stage could you outline what this differential impact may be?Equality strand affected:
Differential impact:
2) Could it damage relations with or between equalities groups or otherwise hinder equal opportunities either internally or externally? Yes/No
3) Could it actively promote or improve equal opportunities and diversity? Yes/No
4) Is there enough information available to answer all of the above questions with reasonable certainty and confidence? Yes/No.If you have answered Yes to questions 1-3 or No to question 4 a full Equality Impact Assessment must be carried out. Ipswich Borough CouncilFull Equality Impact Assessment
Report/Project Title:Date:Service Area:Names of those ‘screening’:
Stage 1- Introduction
1) What is the purpose of the proposed policy/procedure/ function?
2) What other agencies/partner organisations/authorities will be working with the Council on this?
3) Which of those partner organisations are involved in carrying out this impact assessment?
Stage 2 : Information gathering
(See Guidance Notes)4) Who should be involved in deciding what information is needed so that all perspectives are taken into account when assessing the impact of this work?
5) What data do we have?
6) What additional data is needed that isn’t already available? - please specify how this will be gathered/sourced and by whom. Stage 3 – Consideration
(See Guidance Notes)7) How long did it take to gather the information?
8) After analysing the data – is there any evidence that there could be a differential impact on different equalities groups? Yes/No. Please identify which equality groups and the potential impact on them:Equality groups affected:
Impact:
9) Is there any evidence that direct discrimination may occur? Yes/No. If yes – consider changing the policy quickly.(You may need to seek legal advice)
10) Is there any evidence that indirect discrimination may occur? Yes/No. If yes can you credibly justify continuing with the policy in terms of the benefits of its wider aims? Yes/No. Please expand:
11) What actions or alternative measures could be taken to reduce or mitigate any adverse impact of the proposed policy?
12) Is there any evidence that by taking this action to reduce the adverse impact of the proposed policy on one or more equality group/s you may inadvertently create an adverse impact on another? Yes/No. Please specify:
13) Did you consult any equalities groups to help assess the impact? Yes/No. If so – please specify which groups and the response:
Stage 4 : Consultation on proposed policy
(See Guidance Notes)14) Who do you need to consult about the proposed policy?E.g Employees, interest groups, hard to reach/hear groups communities and sections of communities. Take care not to restrict consultation to only recognised or ‘official’ associations and community leaders.
15) How will you consult them? E.g: Formal consultation, Focus groups, Area forums, Surveys and Questionnaires.
16) Please provide a summary of the main findings of the consultation – under the relevant equalities strands/headings –and attach appendices as necessary.
17) How long did the consultation take?
Stage 5 – Decision
(See Guidance Notes)18) In the light of your findings will you continue to implement the policy (or recommend that it continues)? Yes/No. Please explain your decision taking particular care to explain why if you are proceeding where an adverse impact has been identified:
19) Please specify what measures you have decided to implement to lessen any adverse impact on equalities groups:
20) Please specify any wider measures you feel the Council could adopt in the light of your experiences during this assessment to help prevent discrimination or promote equality and diversity:
Stage 6 – Monitoring and Review
(See Guidance Notes)21) Which equalities strands do you feel should be monitored for the potential impact of this policy?
22) Please state what monitoring and review arrangements you will be setting up:
23) Please state which people/organisations will be involved in this:
Stage 7 – Publication
24) Will you distribute/circulate this assessment directly to any parties? Yes/No. If yes – please specify who:
Please send an electronic copy of the completed assessment to Human Resources, Fairer Ipswich Officer and Councillor Services. This document will normally be published.
APPENDIX D
IPSWICH BOROUGH COUNCIL – DISABILITY EQUALITY SCHEME – ACTION PLAN
What Who When HowPublish the Disability equality scheme Fairer Ipswich Officer, Corporate Legal adviser Within one month of adoption IBC Website, Consultees, Ipswich Angle, Ipswich DAB, Optua.Promote Availability of the Scheme Fairer Ipswich Officer availability of leaflet via Joint Diversity Working Group Within one month of adoption Distribution of leafletIssue scheme and Equality Impact assessment and guidance notes to all service managers Fairer Ipswich Officer On adoption of Scheme GuidanceIssue procedure note outlining that all satisfaction and other surveys incorporate Equalities monitoring ie disability Fairer Ipswich Officer, Corporate Legal Adviser, Directors On adoption of Scheme Guidance on monitoring to be issuedEstablish Internal Disability Advisory Group Fairer Ipswich Officer, Corporate Legal Adviser, Directors Within three months of adoption of Scheme Establish Equalities and Diversity Steering Group to action and monitor progress on the scheme Fairer Ipswich Officer, Corporate Legal Adviser and Directors Through Equalities PolicyWhat Who When HowEnsure all proposed and new policies and strategies are subject to Impact Assessment and findings reported upon in committee report. Committee reports to include an equality field Fairer Ipswich Officer, Corporate Legal Advisor Within one month of Adoption of scheme Through revised guidance to Service ManagersEnsure service areas commit to and undertake impact assessments and be included in strategic action plans and service plans from April 2007 which can contribute to this scheme Directors Within one month of adoption of scheme Through guidance to service managersEnsure appraisals address equality objectives Performance Unit, Human Resources, Directors By April 2007 Guidance from Human Resources to managersEnsure service areas include within service plans clearly defined equality actions Directors/ Performance Team By April 2007 Operational plans incorporate service audits to establish the extent to which the service impacts on equality and diversity. Service Managers By July 2007 Template QuestionnaireWhat Who When HowUndertake targeted review and impact assessment of 12 prioritised areas over the lifetime of the scheme Fairer Ipswich officer, Corporate Legal Adviser By End 2007By End 2008By End 2009 Establish timetable for review with appropriate Directors and Service Manager Fairer Ipswich Officer, Corporate Legal Adviser relevant Director and Service Manager By End 2007By End 2008By End 2009 Collate areas of good practice/weakness from EIA’s and operational plansto inform and respond to the needs of the disabled population. Fairer Ipswich Officer Ongoing Ensure DDA duties are included in Induction Course Fairer Ipswich Officer Ongoing Through InductionDevelop training programme on equalities for all staff and training programme for all appropriate staff, managers and councillors. Fairer Ipswich Officer, Corporate Legal Adviser, Diversity Training Manager Ongoing and from Appointment of Diversity Training Manager Review mechanism for reporting disability related incidents within the authority Fairer Ipswich Officer, Human Resources, Corporate legal Adviser Monitoring of Harassment and Bullying PolicyWhat Who When HowEnsure that the Customer Services Centre and Service Areas equality monitor use of service by reference to equality strands Customer Service Centre, service managers Within three months of adoption of scheme Introduction and use of monitoring.Prepare Annual Disability Progress Report Fairer Ipswich Officer November 2007.November 2008November 2009 Annual ReportEstablish Disability Equality Review Team Fairer Ipswich Officer, Corporate Legal Adviser, Directors November 2007Undertake monitoring of complaints by disability Performance Unit, Customer Services Centre, Fairer Ipswich Officer On introduction of revised complaints form Complaints monitoringEnsure that prospective contractors can demonstrate their ability to deliver services to all sections of the community and have systems in place to monitor the impact their service is having. Procurement Officer By end of 2007 Contracts with agencies to include a requirement to deliver an effective and appropriate service, fairly and without unlawful discrimination Procurement Officer By end of 2007 What Who When HowEnsure that monitoring of applications for vacancies takes place and reported annually. Human Resources From adoption of scheme Quarterly Annual ReportEnsure that monitoring of the number of new recruits appointed is monitored and reported annually Human Resources From adoption of Scheme Quarterly Annual ReportEnsure that the percentage of the workforce that are disabled is monitored and reported and encourage disclosure. Human Resources From adoption of scheme Quarterly/AnnuallyEnsure that monitoring of training opportunities for employees with disabilities is monitored corporately and at service level. Human Resources From adoption of scheme Quarterly/AnnuallyJob descriptions person specifications and adverts are DDA compliant Human Resources From adoption of scheme Selection and Interview processes take account of equality issues Human Resources and Service areas From adoption of Scheme What Who When HowPromote the General Duty re reasonable adjustment e.g Workstation equipment and settings where possible protected Service managers From adoption of Scheme Guidance to Managers
This has not pasted well and is a bit of a jumble. If you want a preview of the actual documents mail me and I will send it via e-mail to you.
peterturtill@hotmail.com
THE START OF FIVE RIGHTS OF WAY.
