SINGLE EQUALITY SCHEME 2009-12
STAFFORDSHIRE PROBATION AREA
DOCUMENT HISTORY
Document Title: Staffordshire Probation Area Equality Scheme
Senior Manager / Directorate Ownership: Director of Interventions and Business Development Reason for Change First draft Second draft post-collaboration at regional meeting For publication post-SPA board ratification Revision following REAG compliance check
Version Draft v1.0 Draft v2.0 2.1 2.2
Date 2 March 2009 9 March 2009 27 March 2009 13 July 2009
Author Clive Palmer Clive Palmer Clive Palmer Bob Simpson
Contents
Foreword Introduction 1. 2. 3. 4. 5. Background Human Rights Our Vision Our Commitment Leadership 5 5 5 6 6 4
Our Business and Functions 6. 7. 8. 9. Staffordshire Probation Area National Offender Management Service (NOMS) Agency Structures, Roles, and Responsibilities under the Scheme Organisational Core Functions 8 8 9 9
Developing the Scheme 10. General and Specific Equalities Duties 11. Involvement and Consultation in Developing the Scheme 12. Monitoring Policies and Functions for Adverse Impact 13. What Happens Next 14. Providing Us with Feedback The Scheme 15. Gathering Evidence, Involvement and Consultation 16. Employment and Development of Staff 17. Service Delivery 18. Procurement and Partnerships 19. Publication and Review 20. Assessing the Impact of Policy and Functions 21. Glossary Appendices Equality Impact Assessment Toolkit (see separately published document) Policy Review Schedule (see separately published document) Action plan and impact assessment tool kit (see separately published document) 16 16 21 25 28 30 32 12 13 13 15 15
Foreword
This Equality Scheme sets out how Staffordshire Probation Area will meet its duties under the Race Relations Amendment Act 2000, the Disability Discrimination Act 2005, and the Equality Act 2006. It meets the requirement in each piece of legislation to develop a specific Single Equality Scheme, bringing the three areas together without losing focus on the specific needs of any community. Though Staffordshire Probation Area is only required by law at this time to publish a scheme relating to race, disability and gender, Staffordshire Probation Area‟s commitment to equality is wider. It also encompasses age, religion and belief, and sexual orientation. The scheme will embody Staffordshire Probation Area‟s Equal Opportunities Policy Statement makes explicit that: “Equality of opportunity applies to the provision of services, recruitment and the employment of staff. No person should receive less favourable treatment on the grounds of gender, marital status, dependants, colour, race, nationality, ethnic or national origin, disability, AIDS or HIV antibody status, age, religion, trade union or political beliefs or activity, sexual orientation, or spent offences”. Promoting equality and respecting people‟s differences must be at the core of an open, impartial and trusted Probation Service. Staffordshire Probation has a crucial role to play in building the confidence of the diverse communities it serves. Promoting equality is more than just a statement of how Staffordshire Probation Area will meet its statutory requirements. It must be an integral part of the way it conducts its business. This Scheme therefore encourages us to think beyond constraints and barriers, to challenge ourselves to find new ways of working that enable Staffordshire Probation to deliver real and lasting change for the offenders we supervise, in the environments in which we work, and for the communities that we serve. Progress against the Scheme will be reported annually, aligned to the Area‟s business planning cycle.
West Midlands and Staffordshire Probation Areas are currently making a joint bid for Trust status. If the joint bid succeeds, it is our intention to have one Single Equality Scheme for the newly merged Area in April 2010.
Rob Mandley Chief officer, Staffordshire Probation Area
John Ryan Chair, Staffordshire Probation Board
July 2009
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Introduction
1. BACKGROUND Staffordshire Probation Area‟s Single Equality Scheme describes in a single document how our organisation will fulfil its statutory duties to promote equality of opportunity and avoid discrimination, placing the promotion of equality and diversity at the centre of our work, both in the building of an excellent National Offender Management Service, and in our endeavours to be an employer of choice and a beacon organisation for best practice in diversity issues. The Scheme will be effective as of 1 April 2009. The Scheme is intended to meet our duty previously contained in separate race, disability and gender equality schemes, using the work undertaken in preparing these. It uses the common ground between the three to create a consistent approach, whilst ensuring that the distinctive requirements that were a focus of the individual schemes and the individual duties, are also included. The Scheme also begins to take account of the requirements of the Employment Equality Regulations relating to Religion or Belief, Sexual Orientation and Age, and other relevant legislation. Although the requirements flowing from these new regulations are more limited, we are committed to implementing this Scheme in an inclusive way, beginning with the Board (action points 1.1, 2.1 and 2.4) acknowledging that further action will undoubtedly be required in these areas. Staffordshire Probation Area is committed to ensuring that in all its functions it avoids discrimination on these grounds. We also accept that we should treat these areas in the same way as we do race, gender and disability and pro-actively seek to promote equality and diversity. We have therefore given these areas recognition in our Action Plan. 2. HUMAN RIGHTS This Equality Scheme, like the schemes for race, disability and gender which it encompasses, has at its core a commitment to human rights. The creation of a single body, the Equality and Human Rights Commission, will integrate institutional support for human rights and equality. This follows the Human Rights Act 1998 which incorporates the European Convention on Human Rights into UK law. For public authorities such as Staffordshire Probation, the Act makes it a legal duty for its practices and procedures to be compatible with Convention rights. Staffordshire Probation recognises that failure to comply and respond appropriately to the Act could seriously harm the reputation and image of the service. 3. OUR VISION Staffordshire Probation Area sees equality of opportunity and the valuing of diversity as central to the aims of protecting the public and rehabilitating offenders. We will make fairness and inclusion fundamental to everything we do to ensure: Support of our core aims of protecting the public, reducing re-offending, the proper punishment of offenders in the community, ensuring offender‟s awareness of the effects of crime on victims, and the rehabilitation of offenders.
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That our workforce attempts to reflect the diversity of the communities we serve. That all our employees (and partners) are equally respected and valued.
transparent recruitment and employment policies, practices and processes. Makes the best use of our systems to ensure that they integrate action for equality and diversity into all aspects of our work and define lines of accountability Trains, supports and develops our staff in equality duties and diversity Contracts and enters into partnership only with bodies who share the commitment and possess the capability to implement the principles of equality and diversity
4. OUR COMMITMENT Our Equality Scheme is evidence of Staffordshire Probation Area‟s commitment to comply with the legal duty placed on public authorities. In pursuing this commitment, the Staffordshire Probation Board will seek to eliminate unlawful discrimination based on colour, race, nationality, ethnic or national origins and religion. Racial harassment, racially abusive or insulting language or behaviour on the part of any member of staff, Service user or visitor will not be tolerated. We are committed to delivering a transformed, effective and modern Probation Service which: Works in partnership with all communities and other local services to protect the communities that we serve. Understands and meets the needs of all the users of our service. Is fully engaged with its employees and the community in the development and delivery of its services and functions. Ensures equality and diversity are fully mainstreamed. Has an inclusive culture in which everyone treats all colleagues and Service users with equal dignity and respect. Ensures all its policies, processes and practices are open and transparent and have undergone robust equality impact assessment. Values and supports a diverse workforce through our commitment to fair and
5. LEADERSHIP We recognise that in order to embed equality into everything that we do, there has to be robust leadership and support at the top of the organisation. There is a well developed approach to leadership that is embedded within the culture of Staffordshire Probation Area (SPA). Managers at all levels are aware of the expectation that they represent and promote the values of the organisation as espoused in the Government‟s ”Five Year Strategy for Protecting the Public and Reducing Offending”. This document provides a strategic framework for the period from 2006, which each of the 42 local Probation Areas is required to put into practice. Staffordshire Probation is governed by its Board, which amongst its functions is responsible for the monitoring of Equality and Diversity. The Director with lead accountability for Equality and Diversity is a member of the Chief Officer‟s Unit. Additionally, within the organisation there is substantial evidence of how our ethics and values have been articulated. The Area has had an Equality and Diversity Focus Group for a number of years with the role of
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developing and monitoring a strategy on diversity and providing appropriate staff training. Examples of our approach to this include: The Board, senior and middle managers being required to demonstrate they have an understanding of the principles of diversity, fairness and justice. This is supported by attendance on training programmes within the first year of appointment and at least every two years subsequently. All managers have at least one diversity objective included in annual personal objectives. The Board and managers ensure the Area‟s equality of opportunity procedures in relation to recruitment, selection and retention of staff are followed and receive an annual report on its achievements against targets. The Board and managers receive an annual diversity report and will approved new targets and improvements. (see Action Plan point 2) The lead diversity manager arranges at least one workshop/seminar a year promoting diversity with partners and the broader community; e.g. we organised a county workshop for partners on race hate crime and based a new policy on its findings. We are currently negotiating to be part of the Staffordshire Equalities Network (which includes Local Criminal Justice Board partners) so that this work can be developed across agencies. We engage in a number of activities during „Diversity Week‟; e.g. a lunch event at Head Office in 2005 where staff and partners were invited to eat a range of ethnic food. Involvement in REC events; e.g. the Burton One World Celebration of diversity.
The prominence given to this is reflected in the most recent survey, which shows: 89% of staff agreeing that we are committed to developing all staff. Those agreeing that our commitment to equality is clear are: Staff 90% Applicants and potential applicants 94% Offenders 94% Other organisations 94% Members of the public 89% A further action will be to break down responsive into race, gender and disability. (Reference action point X)
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Our Business and Functions
6. STAFFORDSHIRE PROBATION AREA Staffordshire Probation Area along with the Probation Service nationally has undergone significant changes in the last few years. In order to understand the organisation it is important to place such change in context. The following is intended to provide general background information on the Area itself and the work we do. Staffordshire Probation Area covers the whole of Staffordshire and Stoke-on-Trent and is co-terminus with other key Criminal Justice Agencies, namely the Court Services, Police and Crown Prosecution Service. Staffordshire is one of the UK‟s largest counties, with a population of more than one million.. We employ some 421 staff, with a number of these seconded at any one time to the NPD, the five local prisons, youth offending teams and other agencies. The average annual workload consists of around 2760 community orders, which may combine a number of requirements such as supervision, attendance on programmes and unpaid work. We also manage around 1430 offenders annually released on licence and prepare 4180 reports for Crown and Magistrates Courts. The Area has a budget of in excess of £15 million. Staffordshire Probation Area provides advice and guidance to the Courts and manages the punishment and rehabilitation of offenders under orders laid down by the Courts. It is our responsibility to ensure that offenders who are sentenced to Community Orders by the Courts, or released from prison sentences on licence, comply with the requirements of that order or licence. Whilst supervising offenders we work with them to challenge their attitudes and change their behaviours in order to minimise the risk they pose to the public and to reduce the likelihood of them re-offending. We also work with offenders to ensure that they understand the impact of their behaviour on victims of crime and work with the victims of serious violent and sexual offences to ensure they are kept informed of the custodial process. 7. NATIONAL OFFENDER MANAGEMENT SERVICE (NOMS) AGENCY The work of the Probation Service comes under the remit of the Home Office and the Home Secretary. For a long period the Area has been one of 54 largely independent Probation Services in England and Wales, but in 2001 these were reduced to 42 areas into the National Probation Service (NPS) by a series of amalgamations and placed originally under the central management of the National Probation Directorate (NPD), and recently National Offender Management Service (NOMS) within the new Ministry of Justice. Many of our policies and procedures are adopted from NOMS, and NOMS carry out Equality Impact Assessments. It is worth a note here that we have adopted the NOMS model Harassment Policy which addresses a variety of grounds, i.e. race, gender, disability, sexual orientation, religious or political convictions, social class, age, Aids/HIV status or other medical conditions, physical characteristics and personal belief. One of the priorities of Staffordshire Probation Area is to contribute to „the building of an excellent National Offender Management Service (NOMS) with the separation of offender management from interventions‟. The intention here was the development of “end-to-end” offender
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management under which Probation Areas are expected to organise themselves to reflect the split between offender management and interventions. The importance of joint work with the Prison Service is demonstrated by the National Reducing Reoffending Action Plan with its focus on resettlement and community reintegration. Our statutory duties are as follows: Protection of the public Reduction of re-offending Proper punishment of offenders Offenders‟ awareness of the effects of their crime on victims and the public Rehabilitation of offenders.
has established forums which focus on equality and diversity issues: Equality and Diversity Focus Group (formerly Diversity „Strategy‟ Group) which has representation from both management and operational staff, and meets quarterly; Disability Reference Group and Diversity Reference Group. Chaired by the Learning, Development & Diversity Manager, the groups meet bi-monthly and provides both feedback on policy implications and support to group members.
Full details of the NOMS Strategic and Business Plans 2009-11 is available at: http://www.justice.gov.uk/publications/nomsstrategic-business-plans-2009-11.htm 8. ROLES AND RESPONSIBILITIES UNDER THE SCHEME Staffordshire Probation Area (SPA) is committed to continual review of the approach to Diversity within the organisation, and the publication and regular review of this Equality Scheme. The Board will take great interest in the implementation of this Scheme, and intend to ensure it makes a real difference. Ultimately, the responsibility for delivering change at a local level rests with the Chief Officer and Board Chair, as operational executive and employer representatives respectively. Operationally the Director/Head of Staffordshire Local Delivery Unit has responsibility for diversity, assuming therefore the role of Diversity „Champion‟ within the organisation. SPA
It is the intention of SPA that a fourth group (Offender Reference Group) will be developed during the term of this strategy to enable the feedback from service users to similarly impact the work of this strategy, (reference Action Point X) What is clear is that the participation of all staff in shaping the delivery of Staffordshire Probation Area‟s Equality and Diversity Strategy will go a long way towards ensuring that no-one is disadvantaged from achieving their full potential whether within or via contact with our organisation.
9. ORGANISATIONAL CORE FUNCTIONS 9.1 Pre-Sentence Reports – The Gateway of All Service Provision The preparation and presentation of PreSentence Reports (PSRs) is a key statutory duty for the National Probation Service. There is a range of different reports used across the Service but they are all PSRs within the meaning of the legislation. All Standard Delivery Reports (SDRs) must be based on an OASys assessment. Other assessment tools (e.g. Risk Matrix 2000 or SARA) may also be necessary depending on the offence. Fast Delivery (FDR) and Oral
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Reports must be based on OGRS and an OASys Risk of Serious Harm Screening. Oral Reports are generally most suitable in low seriousness cases and/or to provide brief information and progress updates against a current sentence plan. Where a more comprehensive assessment of the offender is necessary, an FDR or SDR will be appropriate. The importance of sentencers having confidence in the Probation Service cannot be overstated. An additional (and topical), point to bear in mind is that unless we get the right advice to the courts, on time, we will not succeed in diverting from our caseload low risk offenders that Carter rightly identified should not be there. This is particularly applicable to groups identified and of focus within this scheme – black and minority ethnic, women, disabled and older offenders – where there is evidence both of disproportionately punitive sentencing by courts, and inadequate service provision within community supervision. It is therefore vitally important that offenders, despite the commission of offences, are treated fairly and without discrimination during the PSR process, and are equally clearly informed of the expectation that they should behave in the same way (reference Action Point X).
9.2 Service Delivery
The following describes the provision of services directly to offenders and to victims of serious crime: 9.2.1 Offender Management Public protection and the reduction of offending are key aims for the probation service and effective offender management is the process by which we achieve this. Offender management simply means that, based of comprehensive assessment of risk of harm and likelihood of re-offending, the right resources are in the right place at the right time to ensure that an individual offender has the best possible opportunity to reduce their re-offending. 9.2.2 Interventions
To support the reduction of crime we provide high quality, cost effective interventions (for example: accredited programmes, unpaid work, provision of approved premises) that meet the assessed needs of offenders. Interventions can be delivered in-house, by direct contracting provision or by services jointly commissioned with our partners. 9.2.3 Victim Contact
As the gateway to all of our service provision, it is envisaged that the outcomes of our PSR activity will continue to come under scrutiny via the Action Plan appended to this scheme. In so doing, Staffordshire Probation Area will ensure that racist, sexist or other discriminatory report content or behaviour is prevented, and that equality of opportunity to diverse and appropriate interventions is promoted.
Since 2000 we have had a statutory duty to consult with and notify victims about the release arrangements of offenders serving 12 months or more for a sexual or violent offence, signalling the placement of victims as important partners in the criminal justice process 9.2.4 Human Resource Management and Learning and Development Through the deployment of a cost effective, professional human resource service we ensure organisational ability to deliver the right services to the right people at the right time by the right people with the right skills. This includes how we advertise vacancies
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and how we recruit, develop, train, reward, promote and support the people who work for Staffordshire Probation Area. 9.2.5 Finance, Partnerships Procurement and
Through effective financial planning and management we ensure the financial resources are available for direct provision, partnering and commissioned provision of services. Where we commission external organisations and agencies to carry out any part of our functions it is incumbent upon them to comply with the equalities duties placed upon us. 9.2.6 Information Management The provision of a high quality, professional information service enables the organisation to function on a tactical level as well as providing information and analysis to support the targeted deployment of resources to best meet the needs of the organisation and the communities we serve. 9.2.7 Board, Legal Services and Estates The effective provision of governance through the Board and a professional legal service allows the organisation to function within its statutory and other legal parameters. The provision and maintenance of the physical estate enables the organisation to meet the needs of staff and offenders.
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Developing the Scheme
10. GENERAL AND EQUALITIES DUTIES SPECIFIC 10.1.1. Race Equality Specific Duties:
Like other public authorities the Staffordshire Probation Area has legal responsibilities to address discrimination and promote equality on the grounds of disability, gender and race. These responsibilities are referred to as the three General Duties general duties to promote equality. The gender and disability equality duties were introduced later. Creating and publishing an equality scheme is one of several Specific Duties we and other public authorities must do to show how we will meet our legal requirements under the equality duties. As part of developing this Single Equality Scheme, we wanted to extend its coverage to include the new areas of equality that we now have responsibility for promoting (age, religion or belief and sexual orientation), as well as human rights. These areas of our work are not covered by the existing duties to promote equality but it is our intention that we should apply the same high standards to everything that we do. Below are listed the requirements of each equality duty. Each has been given a number so that we can show in our specific objectives and associated action plan which actions relate to which requirements. 10.1 Under the Race Equality Duty we must work to: 1. Eliminate unlawful discrimination 2. Promote equality of opportunity 3. Promote good relations between people of different racial groups
The specific Race Equality duties require that, apart from publishing this scheme, we will: Include identification of relevant functions and policies (reference page X) Set out arrangements to assess the likely impact of proposed policies, monitor those policies, publish the results and make sure the public have access to information and services, (reference page X) Develop staff (reference Action Point x) Report annually on employment and review every three years (reference page X) 10.2 Under the Disability Equality Duty we must work to: 4. Eliminate unlawful discrimination 5. Eliminate harassment of disabled people that is related to their disabilities 6. Promote equality of opportunity between disabled people and others 7. Take steps to take account of disabled people‟s disabilities, even where that involves treating them more favourably than others 8. Promote positive attitudes towards disabled people 9. Encourage participation by disabled people in public life 10.3 Under the Gender Equality Duty we must work to: 10. Eliminate unlawful sex discrimination 11. Eliminate unlawful harassment 12. Promote equality of opportunity between men and women
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The requirements to eliminate unlawful sex discrimination and harassment also include discrimination and harassment on the basis of gender reassignment.
organisational structure as we make the transition to Probation Trust status. 12. MONITORING POLICIES AND FUNCTIONS FOR ADVERSE IMPACT Staffordshire Probation Area has a wide range of well established, computerised monitoring systems, which have been developed over a long period: these cover all aspects of service delivery and Human Resource Management. The National Probation Service is set annual targets across all facets of organisational performance, including equality and diversity. Monitoring data is clearly segmented in accordance with equality & diversity strands, though we realise that there remains more to be done, particularly in integrating those newer strands that this Scheme seeks to develop. The Area‟s performance management framework sets out the cycle for monthly, quarterly and annual reviews of objectives, with each of these fed by data and supporting intelligence on performance. There is a hierarchy of measures linked to this reporting with most emphasis placed on a critical few, but also a wider range of measures (around 70 indicators) are monitored on a quarterly basis. Again a key component is to ensure diversity is built into all our monitoring, research and learning. These indicators are then investigated further if an issue is identified. The Senior Management Team reviews performance targets on a monthly basis in accordance with the Area‟s annual business plan. This monitoring includes the national and local performance requirements including equality and diversity performance indicators. With the introduction of commissioning and contestability we are also undertaking more detailed analysis of our own systems. The main offender assessment system (eOASys)
11. INVOLVEMENT AND CONSULTATION IN DEVELOPING THE SCHEME The previously developed separate Race, Disability and Gender Equality Schemes were each developed on the basis of some internal and external consultation. This single Scheme has been developed within a very short space of time, therefore this has impacted the extent to which wide consultation was permitted. By publication we will have consulted with: Association of Black Probation Officers (ABPO) National Disabled Staff Network (NDSN) Staffordshire Probation Area Equality and Diversity Focus Group Staffordshire Probation Area staff reference groups and trade unions Staffordshire Probation Area Board Members Regional representatives from the Warwickshire, West Mercia, and West Midlands Probation Areas East Staffordshire Race Equality Council Community representatives
In moving towards this Equality Scheme we have come to realise, however, that we need to develop a wider framework to include more of our external stakeholders in the consultation process. It is therefore our intention to develop a new consultation strategy as part of this Scheme‟s Action Plan (reference Action Point X). We intend this to be based on the system of Local Delivery Units (LDUs) that is becoming a central feature of our
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provides a wealth of information about offender needs, and our research officer has provided a range of analysis with regard to enhancing our services; e.g. accommodation and employment needs. Probation Areas are subject to stringent external scrutiny by HM Inspectorate of Probation (HMIP) which reports directly to Government Ministers. In September 2008 Staffordshire was inspected as part of the Offender Management Inspection (OMI) Programme and, which included inspection of activities in relation to diversity issues the full report is available at: http://inspectorates.homeoffice.gov.uk/hmipr obation/inspect_reports/omiinspections.html/Staffordshire_OMI_Report. pdf. Objectives to improve performance as detailed in the OMI report have been included in the OMI Action Plan returned to HMIP, and will similarly be included in the Action Plan appended to this Equality Scheme. Staffordshire Probation Area employs a wide range of mechanisms to assist in the data collection process and these include the following: Equal Opportunities monitoring forms which all staff are expected to complete (published as a separate document for ease of review and update) For applicants to posts the form asks whether the individual has a disability within the terms of the DDA 1995 and whether s/he is in receipt of the Disability Living Allowance Employee‟s DDA monitoring form Offenders‟ DDA monitoring form – relevant disability code is entered onto the offender‟s case management record on e-OASys – Offender Assessment System
National Standards (2007) for the Supervision of Offenders Completion of questionnaires by offenders – including an annual user satisfaction survey Sentencer Satisfaction Surveys – Annual Survey Annual staff surveys
Probation Areas use the 2001 Census classifications of ethnicity (16 + 1) and will take into account the requirements of the Data Protection Act when collecting, storing and analysing information. The Board will continue to ensure the provision of adequate IT support systems for standard equality and diversity data collection and analysis, accepting that many of the IT challenges faced by Staffordshire Probation are of a national nature. In particular we will carry out regular monitoring of: Court and other report proposals Sentence requirements Offender caseload Classification of cases by tier Composition of offenders by management unit Assessments: content (including criminogenic needs) Housing needs Drug misuse Alcohol misuse Mental health concerns Enforcement of breaches Using the above data and analysis, the monitoring process will include: Reaffirmation of intention of policy and ensuring that this intention still takes into account equality issues Assessing data and other information such as research papers for any disproportionate trends or patterns
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Looking at the nature of any complaints in relation to the way in which the policy is being implemented, which have an equalities or human rights dimension. Monitoring of workforce and employment issues is also ongoing. We do not currently have in place full systems for monitoring all processes required under the race equality duty, and there are measures being taken to ensure that this is addressed. However, regular monitoring checks are undertaken of staff in post, recruitment and promotion processes, grievances and disciplinaries (reference Action Point X). 13. WHAT HAPPENS NEXT Our Equality Scheme is a living document, the creation of which is not the end of the process. Over the next three years we will be developing more functions and policies in relation to the general and specific equality duties. We will also use this scheme as a basis from which to develop ways to involve and include people in more depth in creating our next Equality Scheme. 14. PROVIDING US WITH FEEDBACK We welcome feedback on our Equality Scheme. You can do this by contacting us using the information below:
Heather Sutton Director/Head of Staffordshire Local Delivery Unit Staffordshire Probation Area Head Office University Court Staffordshire Technology Park Beaconside, Stafford. Telephone/Email: 01785 231 749
heather.sutton@staffordshire.probation.gsi.gov.uk
Our Equality Scheme can be made available in large print. Please visit our website or use the contact details above.
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The Scheme
15. GATHERING THE EVIDENCE In general terms, criminal justice is rich in data relevant to equality issues and, although there are significant gaps, this is true of Staffordshire Probation. Information on employees‟ and offenders‟ ethnicity, gender and age are collected generally but not yet on disability or sexual orientation, or on some categories of service recipients such as victims of crime. Where the information is collected there is usually routine, monthly or quarterly, computation of the basic data such as the caseload. If an issue is identified from other evidence as problematic, closer analysis of the data can be and has been undertaken on an ad hoc basis. Finally, specific research projects can be undertaken to look at particular issues in greater depth. Staffordshire Probation‟s intention is to increase the level of routine monitoring of equality issues and there are proposals in this Single Equality Scheme and action plan. In all of the following elements of our operation, SPA endeavours to meet all duties under the Race Equality legislation, i.e. to eliminate unlawful racial discrimination, promote equality of opportunity and promote good relations between people of different groups. 16. EMPLOYMENT AND DEVELOPMENT OF STAFF Staffordshire Probation Area has an annual learning and development plan which is aligned to Area Priorities and ensures that appropriate training is available for all staff and board members. Specific training is delivered in relation to equality and diversity, with a further commitment to providing necessary training or guidance to ensure that staff at all levels of the organisation are competent to undertake: Equality Impact Assessments (EIA) Effective consultation Monitoring and evaluating the implementation of the Equality Scheme Gathering evidence and using data to influence effective service delivery
The Staffordshire Probation Board is committed to meeting the equality duties generally by ensuring that all staff have equality of opportunity in recruitment, career progression and staff development. Currently in place is the following evidence of this commitment: Competence based recruitment and selection Involvement of Board Members in senior appointments Potential employees must demonstrate commitment to Staffordshire Probation‟s equality and diversity agenda Availability of assistive technology for people with disabilities, and other reasonable adjustments, with regular meetings for users of assistive technology, in order to share problems and seek solutions.
The training needs of individual members of staff may best be identified through the staff performance review and personal development planning procedure. Training needs in general will be identified through a variety of means, not least the findings of our monitoring exercises, impact assessment processes and information gathered from both internal and external sources.
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In addition, it is envisaged that specific training will be given to Board Members, Directors and senior managers who are involved in policy development on the EIA process. This training will include: The equality duties Monitoring systems, for employment, procurement and service delivery; Undertaking impact assessments, including consultation Considering the promotion of good relations between different groups Tackling hate crime Providing services to foreign nationals
procedures, and briefings provided where required. All staff also attend the SPA‟s “Introduction to Staffordshire Probation Area” half day event, which includes a welcome from the Chief Officer, Directors and Senior Managers. 16.4 Review It is the Area‟s policy that all staff receive regular supervisory sessions and an annual Performance Review; this system was reviewed in 2008. An important component of this is that the Chief Officer sees all reviews and feeds back issues of quality to relevant managers. In order to check compliance Performance Review completion rates are monitored and SMT informed. 16.5 Learning and Development The Area encourages learning by its staff through a number of means starting with the supervision and Performance Review process. Managers who carry out Performance Reviews translate individual learning needs into business plans which identify team training priorities, and these inform the Learning and Development plan. The Area applies occupational standards in both job descriptions and in the specification of some training requirements. All potential attendees are required to inform the Learning and Development Unit of any special requirements, and all Learning and Development activity is evaluated with feedback to future programmes. In the staff survey, 85% of staff felt that they had received adequate training (both on the job and off the job training). To achieve the vision of being an employer of choice, and to model principles of diversity in relation to our people has meant a constant review of our approach to staff development. It is an accepted fact that development and learning begin with ones‟ entry into the organisation rather than end because one has been selected for a particular role.
Please see Action Plan for reference to Board members‟ training plan. 16.1 Human Resource Management In general evidence suggests human resources are managed effectively, given that turnover is very low at 2.5%, one of the lowest probation areas in England and Wales. In the case of minority ethnic representation we have nearly doubled this, partly through effective targeting of local minority ethnic communities. Similarly the regional target has been exceeded (17.6% against a target of 11.6%). 16.2 Recruitment All professional staff are now recruited following a rigorous assessment centre process. Increasingly, however, most of our new probation officers start their involvement with the organisation as trainees. 16.3 Induction All new staff engage in the Area‟s induction process. This includes undertaking a prescribed induction with one‟s line manager following an induction checklist (which has been reviewed this year). As part of this an assessment is made of additional training needs, such as use of the IT case management and assessment systems. Reference is also made to required practice
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16.6 Staff Care Framework We have developed an impressive framework of staff care which reflects also the diverse workforce. This includes: A comprehensive range of policies: Positive Health Care Policy, health screening, non-smoking policy in all buildings, compassionate leave, Health & Safety Policy, violent incident debriefing, confidential and independent counselling, mentoring, IIP, Disability Symbol User checklist and Leadership Challenge. Similarly, the NNC policy on work life balance issues has been adopted. All contracted staff may join the local government pension scheme and also the Benenden Health Care Scheme. Good levels of leave entitlement and flexible hours for all staff, plus part time and job share opportunities. The Area's estate (and the quality of furnishings) is recognised as being of a relatively high standard. There is visibility from the Board in seeing work at grass roots. The area has recently reviewed aspects of these policies (e.g. positive health policy, introduction of a health CV, workload prioritisation framework, work life balance representation, and the introduction of family and childcare planning policies). An outcome has been the introduction of an Employment Assistance Programme. This is essentially a well-being service that includes counselling, health advice/checks, legal advice and a help desk for issues such as stress management. The Area is ensuring we meet the requirements of the Disability Discrimination Act, and have recently secured an additional £60,000 worth of activity for further improvements to our estate. ACAS interviewed staff off sick and agreed organisational diagnostic training
for first line supervisors on return to work interviews. We operate a very sensitive return to work management following long term absence.
In addition, the Area‟s Equality and Diversity Policy seeks to ensure: Recruitment, selection, retention and promotion procedures will be conducted in accordance with relevant legislation. Induction packs will include information on relevant policies and procedures, including equal opportunity policy, supervision and appraisal procedures, code of conduct. Registered disabled candidates will be short listed if they meet the minimum requirements for the post; Disability Symbol User status will be reviewed annually. Targets will be set for recruitment, retention and promotion of minority ethnic staff, including management grades, (based on demography of Staffordshire). During induction new staff will be required to undertake diversity training.
16.7 Diversity Technology The area actively seeks to meet the needs of staff assessed as needing assistive technology. This includes the provision of special keyboards, mice, large screens and voice activated software. We currently have four major users of assistive technology, with three using speech recognition software (Dragon Dictate) and one using Text Help and ZoomText, including cameras and large monitors. Requests for help are all positively received and referred externally for an Job Centre access to work assessments. To date no request for assistive technology has been turned down. We have specialist inhouse IT support, whilst training is provided by an external consultancy based in Stoke on Trent.
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nya = not yet available from NOMS national statistics
16.8 Staff and Employment Monitoring The data and commentary below represents a brief snapshot of recent Human Resources (HR) data collation and analysis up to March 2008. It may include some trend data and benchmarking. It explores aspects of workforce planning, staff deployment and equality schemes. 16.8.1 Workforce Profile % BME Female Male Dec 2005 3.9 64.1 35.9 Dec 2006 4.8 66.2 33.8 Mar 2008 6.1* 65.1 34.9
There was a higher incidence on the 2005 baseline, which links to the requirements of Probation Circulate (PC) 34/06 ie to comply with the requirements of the Disability Discrimination Act (DDA) 1995 and gather information about National Probation Service employees and offenders. 8.0% of staff registered „Yes‟ (n=47) under the DDA 1995, there were a further 40 staff who registered „no‟ but disclosed other health issues eg arthritis, slight hearing impairment, back pain etc. This pushes the prevalence up to 14.8%. Of those who registered „yes‟ under DDA a range of physical and mental impairments were identified in December 2006. The most common impairments identified were reduced mobility (n=12), dyslexia (n=10) and hearing impairment (n=9). No detailed breakdown of impairment types is yet available from the March 2008 staff census. The 8.0% figure is currently above the national service average although this will need to be reviewed when more recent 2008 statistics are released by NOMS. However, the figure is below the representation of people in the wider Public Service workforce (14.2%). A range of reasonable adjustments are made including: Flexible working hours Location Change of role or function Workload relief Assistive technology Adaptations to work stations, e.g. chairs, desks, keyboard, screens etc.. Disability leave Redeployment Retraining and support Time off for medical appointments
The annual calendar census showed that Black Minority Ethnic (BME) staff representation increased to 6.1%. Female staff representation decreased but was still two thirds of the workforce. This compares with a regional BME figure of 19.8% and a national England & Wales (E&W) figure of 12.9% in December 2006. We have also had a local target of exceeding the minority ethnic representation within Staffordshire‟s population (2.4%), an identified critical success factor. This has been achieved in each of the last 3 years. The distribution of female staff decreased but was close to a regional figure of 67.5% and a national figure of 67.5% (an identified CSF in the current Business Plan). Staffordshire had a total of 589 staff posts by the 31 March 2008 compared with 547 at the 31st December 2006. The average age of staff increased slightly from 45.8 to 46 years compared with a national average of 43.22. 41% of the workforce were aged 50+. 16.8.2 Staff Reporting a Disability % Staffs Regional E&W Dec 2005 1.31 2.21 3.67 Dec 2006 7.7 3.6 4.62 Mar 2008 8.0 nya nya
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Phased return to work. 16.8.3. Recruitment and Selection During 2007/08 monitoring was implemented for 3 key stages : all applications, those short listed and actual appointments. 374 applications of which 54% were for posts in the third quarter. 140 applications in the first half of the year and 234 in the second half of the year. Receptionist (192), PSO (51) and Case Administrator (43) were the most frequent applications by post which accounted for 83% of all applications. 87 applications (23%) were short listed. 28 actual appointments (7.5%).
No. Newspaper Intranet Website Other Missing
All applicants 179 24 139 9 23
Short listed 31 15 34 1 6
Appointed 11 5 9 3
This compared with 917 applications, 164 short listed and 47 actual appointments in 2006-07.
A higher proportion of those whose source was the intranet were short listed (62.5%) and appointed (21%). A lower proportion of BME candidates used the newspaper compared with other sources; in contrast a higher proportion of females used the same source. A lower proportion of those aged 45+ used the website compared with other sources. When comparing the 2007 TPO Cohort with the 2006 cohort, there was a higher proportion of BME and male candidates appointed. When comparing the 2007 TPO Cohort with all posts; BME and male candidates had higher ratios at appointment. Although care should be taken given the smaller numbers involved (407 all applicants for TPOs,, 34 short listed and 8 appointed). This compared with 300 applicants, 22 short listed and 5 appointed in 2006. 16.8.4. Reasons for Leaving During 2006/7 Staffordshire Probation Area replaced its exit questionnaire “improving the quality of staff care” with a new version leaving questionnaire which is much more tightly aligned to Critical Success Factors within the Business Plan. During this development phase the 2007 Staff Survey incorporated „reasons for leaving.‟ 127 out of 271 respondents cited a reason, the top six factors are highlighted below. The most frequent reasons were : career development (43%), poor morale (36%), lack of appreciation (32%) and stress workrelated (31%).
Staffordshire All Posts
% BME Male Female Disability y
All applicants 0607 0708 4.5 3.8 15.5 12.3 83.6 86.4 4.8 2.1
Short listed 0607 0708 6.7 6.85 20.1 21.8 79.3 77.0 4.9 2.3
Appointed 0607 0708 8.5 7.2 21.3 32.1 78.7 67.9 4.3 3.6
y = yes declared disability
Compared with the previous year there were a lower proportion of BME and disabled candidates at all applicant and appointment stage. However, male candidates although slightly lower at all applicant stage, increased in proportion at short listed and appointment stage. In terms of source (where job advert seen) 48% were through various newspapers and 37% were through various websites.
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Since the last Staff Survey in March 2007, the Human Resources Unit have incorporated the revised SPA exit questionnaire into personnel practice during 2007/08. Exit questionnaires have been in use for staff leaving since the beginning of August 2007; and are generally administered by HR staff in the majority of cases for staff leaving. In the 8 month period to the end of 2007/08, 20 exit questionnaires were completed of which the breakdown was as follows: Female (15) and male (5). White (19) and missing data (1). Probation officer (7), PSO (2), Administrative (7), UW Supervisor (2) and Other (2). Of a list of 14 reasons for leaving in the exit questionnaire, most popular cited were : Career progression (45%). Lack of job satisfaction (30%). Retirement (25%). Relationship with colleagues/manager (20%)
35% agreed that stress is dealt with effectively at work. 65% disagreed. 55% agreed they felt unduly pressured at work. 45% disagreed. 50% felt their workload was manageable. 25% agreed that adequate support systems were in place to support staff under pressure
16.8.6 Staff Survey Staffordshire completed its sixth annual staff survey in 2007 with a response of 55% or 271 respondents, up 10 points on 2006. The overall Critical Success Factors Index (CSF) “motivated employees engaged in Area developments” showed a 6 point improvement on the previous year (64% v 58%). This was the highest organisational level reached for 5 years. A further staff survey was completed in 2009, the results of which are currently being analysed. NB Many of the findings which are presented in pages 17 - 22 are significant for our duties under Equality legislation, for example there were fewer BME and disabled applicants in the year 2007/08 than there were in 2006/07. All such findings will be reviewed by the Diversity Focus group and appropriate actions taken. 17. SERVICE DELIVERY Analysis regarding service delivery in Staffordshire is based on the period 2006 – 2008, and draws on a number of previous research studies and some new analysis: Disability monitoring introduced on the 4 December 2006 and linked to Probation Circular 34/06. Caseload information from CRAMS as of the 31 March 2008.
In terms of “where are you going”, most frequent organisation cited was Other Public Sector Employment (n=5) followed by Interagency (Drugs/Alcohol n = 2). Weakest areas identified were regular team briefings (75% yes) and being supervised on a regular basis (80%). 16.8.5. Staff Involvement / Morale 75% agreed they were confident their ideas or suggestions will be listened to. However, only 55% agreed their contribution to the Service is appreciated and recognised. Staff morale was 45% excellent-good-satisfactory compared with 25% staff motivation at the time of exit. This compared with 76% and 90% respectively from the last Staff Survey. Health & Well Being Issues
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Two Offender Profile Briefing Paper Series‟ for both pathways and CDRPs for 2006/07 (January to April 2008) and 2007/08 (November 2008 to January 2009). New needs analysis for both gender and ethnicity based on 2007/08 data. Approved Premises diversity monitoring used for HMIP Thematic Inspection.
Where possible, data is reconfigured to reflect Staffordshire county‟s two-tier local authority area (LAA) : Stoke on Trent and Staffordshire with a summary for Staffordshire Probation Area as a whole. 17.1 Disability Monitoring The following represents an offender disability profile based on Reports prepared (both Standard & Fast Delivery) drawn from CRAMS for the a) the 3 month period January to March 2007 and b) the 12 month period April 2007 to March 2008. Disability monitoring was integrated within race and ethnic monitoring as part of the SDR/FDR information pack. It linked to the requirements of Probation Circular 34/06 ie to comply with the requirements of the Disability Discrimination Act 1995 and gather disability information about NPS employees and offenders.
2006/7
Disability Discrimination Act 1995 or in absolute terms 479 out of 4217 reports. During 2007-8 81% of reports had DDA monitoring completed with 19% missing data or not available. This compares with a baseline position of 57% DDA monitoring for reports prepared in the quarter January to March 2007 and 43% missing data. The recent figures suggest the headline figure of 11.4% or 1 in every 9 reports could be higher. At a national and local level under-reporting remains an issue both for offender and staff monitoring. Research has shown that disabled people have good reason not to disclose impairments due to certain conditions carrying an extra societal burden of stigma and prejudice, some examples being HIV, mental illness and epilepsy. It therefore remains a sensitive and challenging area for operational processes to capture the required information under the DDA. Within the offender profile for 2007/08, female offenders (14.9%) had a higher rate registering „yes‟ under the DDA 1995 compared with male offenders (11.1%). Similarly white offenders (12.5%) had a higher rate than Black Minority Ethnic (BME) offenders (8.2%). Of the 479 reports registered „yes‟ under DDA the most prevalent impairments were : other (31%), mental illness (23%), reduced mobility (15%), dyslexia (13%), reduced physical capacity (12%) and learning difficulties (12%).
By Area Yes No Missing data Total %
2007/8
Stoke 47 138 248 433 10.9
Staffs 56 361 200 617 9.1
Area 103 499 448 1050 9.8
By Area Yes No Missing data Total %
Stoke 225 954 519* 1698* 13.3
Staffs 254 1981 282 2517 10.1
Area 479 2935 801* 4217 11.4
17.1 Caseload Information as at 31 March 2008 A recent initiative has been detailed diversity information to supplement the Stoke on Trent Reducing Re-Offending Plan for 20082011. This data has been replicated for Staffordshire to achieve a two-tier approach
* Plus refusal to disclose = 2
At the report stage in 2007/08, 11.4% of offenders registered „yes‟ under the
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and there are plans for further LAA data based on the 31 March 2009. CRAMS data drawn from before this date is based largely on gender & age (Form 20 profile information) and may differ slightly owing to different criteria/counting rules when calculating final caseload figures. 10.5% female offenders and 89.5% male offenders. Area by Gender Stoke Staffs Female 152 309 Male 1433 2483 Total 1585 2792 42.7% aged 25 or under, 12.8% aged and 44.5% aged 30+. Area by Age 20 or < 21 - 25 26 - 29 30 - 39 40 - 49 50 - 59 60 + Total Stoke 332 354 232 426 161 58 22 1585 Staffs 564 617 330 662 436 127 56 2792 Area 461 3916 4377 26-29
17.2 Caseload Information by Type of Supervision 46.1% of offenders were Community supervision and 17.5% Suspended Sentence Order (but supervised in the community). 21.4% of offenders were Custody supervision and 15% on Licence. Stoke 690 239 478 178 1585 Staffs 1329 528 459 476 2792 Area 2019 767 937 654 4377
Area by Type of Supervision Community Community (SSO) Custody Licence Total
Area 896 971 562 1088 597 185 78 4377
In summary, overall comparisons with earlier caseload figures were as follows : 10.5% female offenders at the end of March 2008 compared with 10.8% at the end of March 2007. 42.7% aged 25 or under compared with 42.1% at the end of March 2007. 9.6% Black Minority Ethnic (BME) offenders and 88.5% white offenders compared with respective figures of 9.3% BME and 88% white at the end of January 2007 (stand-alone study). Profile Briefing Paper
9.6% Black Minority Ethnic (BME) offenders and 88.5% white offenders. Area by Race/Ethnicity W1 W2 / W9 Asian Black Mixed Other Miss Total Stoke 1343 45 74 35 28 29 31 1585 Staffs 2532 43 69 42 35 20 51 2792 Area 3875 88 143 77 63 49 82 4377
17.3 Offender Series
8.4% registered „yes‟ under the Disability Discrimination Act (DDA) 1995. Area by Disability Yes No Missing data Total Stoke 157 821 607 1585 Staffs 210 1824 758 2792 Area 367 2645 2792 4377
Between January 2008 and January 2009 Staffordshire has completed a series of 36 research papers for a) pathways and b) CDRPs for successive years 2006/07 and 2007/08. Further work is planned for 2008/09 to provide a three year needs analysis picture. Data is drawn from the Offender Assessment System (OASys). In 2007/08 the analysis was based on a total of 3052 assessments who started an order during the year. The breakdown being:
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Area by Ethnicity White BME Missing Total Female Male Total
Stoke 933 104 5 1042 132 910 1042
Staffs 1893 111 6 2010 267 1743 2010
Areal 2826 215 11 3052 399 2653 3052
for ETE with male offenders. More details again may be found in the appendix. Other indicators by diversity % Main drug used in the last 6 months (heroin & cannabis). Accommodation status. Employment status. Evidence of domestic violence. Violent behaviour related to alcohol use. White Female Male 18 20 76 13 4 BME All 19 18 76 12 4 30 51 16 33 47
Of the total sample, 13.1% were female offenders and 7.1% Black Minority Offenders, the BME breakdown being as follows: Area by Ethnicity Asian Black Mixed White 2/9 Other Total Stoke 45 22 11 20 6 104 Staffs 40 25 28 12 6 111 Area 85 47 39 32 12 215
17.4 Assessed Needs (Pathways) Based on the overall sample and subsamples for gender and ethnicity described earlier and based on OASys assessments who started an order, Attitudes (77%), Thinking & Behaviour (73%) and ETE (60%) were the three highest pathways in 2007/08. Drug misuse (32%), finance (32%) and accommodation (39%) were the three lowest areas. All pathways with the exception of accommodation and emotional well-being maintained or showed a higher prevalence rate on the previous year. White offenders generally had higher prevalence rates than BME offenders although ETE and thinking & behaviour had identical rates. More detailed prevalence rates for Asian, Black & Mixed offenders may be found in the appendix. Female offenders had higher prevalence rates for finance, relationships and emotional well-being with an identical rate
Heroin main drug used in last 6 months Cannabis main drug used in last six months Permanent/in dependent housing Transient/sho rt term arrangements No fixed abode Employed Unemployed Unavailable for work Evidence of domestic violence/partn er abuse Violent behaviour related to alcohol use
20
12
25
18
23
9
76
81
80
13
7
12
4
3
1.5
30 51 16 34
29 51 13 24
22 44 32 51
31 52 14 31
49
29
36
49
Female offenders had a much higher incidence of heroin as the main drug used but lower levels in employment compared with male offenders. Cannabis use was relatively low for female offenders along with a lower level of violent behaviour related to
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alcohol use. BME offenders had similar employment levels to white offenders but had a lower proportion in transient/short term accommodation or no fixed abode. 17.5 Approved Premises Diversity Profile (2006 – 2008) 17.5.1 Referrals 519 referrals in 2007/08, compared with 554 in 2006/07.
By Approved Premises % referrals BME White +/- change Staffordshire 2006/07 11.1 88.9 2007/08 10.7 89.3
By Approved Premises
% referrals BME White
Staitheford House, Stafford 2006/07 2007/08 13.8 8.2 86.2 91.8 Wenger House Newcastle 2006/07 2007/08 9.2 12.0 90.8 88.0 Wharflane House Stoke-on-Trent. 2006/07 2007/08 12.2 10.8 87.8 89.2
% referrals BME White
- 0.4 + 0.4
% referrals Black Minority Ethnic White
By Approved Premises
% referrals BME White
Staitheford House, Stafford 2006/07 2007/08 13.8 8.2 86.2 91.8 Wenger House, Newcastle 2006/07 2007/08 9.2 12.0 90.8 88.0 Wharflane House Stoke-on-Trent 2006/07 2007/08 12.2 10.8 87.8 89.2
Across all three Approved Premises over the two year period, the proportion of BME referrals (10.7% v 11.1%) and BME admissions (8.7% v 9.8%) fell on the previousyear. NB Many of the findings presented in pages 22-26 are significant for our duties under Equality legislation, for example there were fewer BME and disabled applicants in the year 2007/08 than there were in 2006/07. All such findings will be reviewed by the Diversity Focus group and appropriate actions taken. 18.PROCUREMENT AND PARTNERSHIPS 18.1 Procurement
% referrals BME White
% referrals BME White
17.5.2 Admissions 219 admissions in 2007/08, compared with 244 in 2006/07.
By Approved Premises % referrals BME White +/change Staffordshire 2006 /07 11.1 88.9 2007 /08 10.7 89.3
- 0.4 + 0.4
The race equality, disability equality and gender equality duties have implications for the way public authorities carry out their procurement function. Broadly, those duties require that, if a public authority contracts with external organisations to carry out some of its functions, it remains obliged to ensure that equality requirements are met, regardless of who is carrying out the functions. There is a slight difference in the case of the gender and the disability equality duties. For
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these duties, „public authorities‟ include private bodies or voluntary organisations who are carrying out functions of a public nature and are therefore directly subject to the gender and disability equality duties in respect of those functions. However, in such situations the purchasing public authority does not divest itself of the duties but must act in tandem with the supplier to ensure that each conforms to the duties. Where necessary and in order to meet their equality duties, public authorities must build relevant equality considerations into the procurement process. In terms of equality and diversity in procurement, Staffordshire Probation will work towards the following key outcomes: That all businesses, including voluntary organisations, have an equal opportunity to bid for and win contracts for goods and services; That all contractors understand that Staffordshire Probation operates to standards on equality and diversity in the delivery of services and that they will be expected to do likewise; (this is already a section in SPA contract). That all contractors meet minimum standards in terms of equal employment opportunities That contractors will work on a voluntary basis to promote equality of opportunity beyond the scope of the contract.
services to be sourced from third party providers. Put in place a set of high quality procedures and support processes to support the procurement process (finance, HR, audit and legal). Develop internal capability to enable effective implementation of the strategy.
Staffordshire Probation has identified procurement as a function which is highly relevant to all its equality duties and it is included in the list of functions and policies to be subject to impact assessment in 2007/8. 18.2 Partnerships Staffordshire Probation Area is recognised as a leading Area nationally in terms of its strategic approach to partnership development and the management of its partnership working arrangements: A recent national HMIP Inspection (2005 PIP and follow up) commended the Area‟s corporate, strategic approach to partnership development as „exemplary‟ and praised the effectiveness of the Area‟s partnership management arrangements. The Area‟s Partnership Strategy and Corporate Procurement Strategy have been highlighted as national examples of best practice within the NPS. The Area has been recognised as a beacon Area by the NPS in terms of its engagement with Local Authorities in respect of the Supporting People (SP) strategic planning process.
The Area has produced a new Corporate Procurement Strategy which is designed to: Develop and embed a corporate, strategic approach to Best Value procurement. Develop and build the Area‟s relationships with other public, private and voluntary sector providers of offender services. Set out the Areas approach to reviewing its delivery arrangements and selecting
18.3 Partnerships Strategy The Area has recently carried out a review of its Partnership Strategy and related Service Review and Procurement processes
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(see below) to ensure that the full, potential role of partnership working in helping to build capacity and add value to the Area‟s service delivery is taken into account and reflected in the Area‟s business planning. In the latest, revised and updated version of the Strategy, covering the period 2006 to 2009 priorities for partnership development have been defined according to a number of categories, based on the latest Government‟s plans for the development of strategic Criminal Justice alliances. These are reflected in seven Delivery Pathways of the NOMS West of Midlands Regional Reducing Reoffending Action Plan (RRAP) under which future interventions and services for offenders are to be planned and commissioned. These include: Statutory criminal justice collaborations. Regional NOMS collaborations (including inter-Probation Area and Prison Service collaborations). Civic alliances. Corporate alliances. Private Sector, Faith, and Voluntary and Community Sector (VCS) alliances.
partnership structures and representation arrangements are reviewed annually and resourcing agreed as appropriate. A comprehensive mapping exercise has recently been completed to review the Area‟s contribution to each partnership structure.
18.5 Regional NOMS Collaborations The Area is involved in a variety of regional joint working arrangements under the framework of the RRAP, contributing to RRAP Pathway Delivery Groups to identify opportunities for development and to maximise possibilities for investment in the Area‟s services and, where beneficial and appropriate, collaborating with other Probation Areas/NOMS partners in joint service developments / delivery arrangements. 18.6 Civic Alliances The Area recognises that Local Authorities have significant role to play in resettling offenders and in helping to reduce reoffending, and works as a partner with Authorities to develop offenders access to housing, education and employment, drugs and alcohol, mental and physical health and family support services and in planning the delivery of Unpaid Work at a local level (e.g. via community payback initiatives). Increasingly the focus of this work is through the Local Area Agreement process. 18.7 Corporate Alliances The Area works closely with commissioning agencies and employers of all sizes from the private, voluntary and public sectors to develop and extend Basic Skills and ETE provision for offenders. The Area has very strong links with the NOMS Regional ETE Pathway Delivery
Under these new arrangements it is our intention to continue to work in collaboration with existing and new partners with criteria for selection and retention based on: Delivering value for money. Improving performance. Adding value to our capacity to achieve expected outcomes. Criminal Justice
18.4 Statutory Collaborations
These include Crime and Disorder Partnerships, the Staffordshire Criminal Justice Board, Youth Offending Boards, Multi-Agency Public Protection Boards and Priority and Prolific Offender Steering Groups in which the Probation Service has a statutory role. The Area‟s links with such
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Group and the Area‟s Offender Employment and External Resources Manager is currently seconded on a half-time basis as Offender Employment Services Lead in Staffordshire for the Learning and Skills Council (LSC).
regularly reviewed on the basis of monitoring information supplied by each provider organisation, with renewal subject to the outcome of these reviews. Such reviews have resulted in one contract with the Citizens Advice Bureau for debt counselling not being renewed. 18.10 Equality and Diversity Equality and diversity considerations are taken into account and reflected in the partnership planning and procurement process (within the legal framework governing equalities), in order to promote and support the achievement of equality in employment and in service delivery. As stated in our Action Plan, there is an implicit expectation that: Contractors and partners will be clear regarding their need to comply with the equality duties when delivering public functions on behalf of SPA. Action is taken at each stage of the contract process to build in equality considerations Partner organisations are informed of Staffordshire Probation Area‟s equality duties and agreements arrived at on their implications for jointly delivered services
18.8 Collaborations with Private Sector, Faith, Voluntary and Community Groups Under NOMS, private, voluntary and community sector organisations are set to play a much greater role in the delivery of services to offenders. The Area has taken steps to build/strengthen relationships with other public, private and VCS providers of offender services, and to develop opportunities for partnership working, by creating an environment within which the Area and other providers can work effectively together to explore strategic partnering opportunities in the delivery of local priorities and objectives for reducing reoffending As part of this programme of work, the Area has produced a revised “Partnership Working With Staffordshire Probation Area” Guide to increase visibility of the Area and its services and possibilities for strategic partnering and sub-contracting. 18.9 Contracting and Tendering The Area has robust contracting and tendering arrangements in place to support the effective procurement and delivery of contracted services, where appropriate based on the use of standard contracting and tendering documentation (e.g. SLA templates). Outcome-based specifications are developed jointly with service providers for all contracted services. Contracts are
19. PUBLICATION AND REVIEW Staffordshire Probation Area is committed to open access to information within the context of the Freedom of Information Act and will make information available to the public in a variety of media so as to make it as accessible as possible. The Freedom of Information Act encourages public organisations to publish more information and promote a greater culture of openness. The Act gives members of the public a general right of access to all types
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of recorded information held by public authorities. However, there are also a number of exemptions covering information that can be withheld (for instance personal information covered by the Data Protection Act or information which if disclosed might put someone's health or safety at risk). Staffordshire Probation Area maintains an FOI Publications Scheme, which is a list of the types of information which will usually be made freely available to the public. Much of this information will be published on our website which has been redesigned so as to improve accessibility. This Equality Scheme will be made available for download, as will the associated materials, including reports on Equality Impact Assessments. Public authorities must set out arrangements for publishing the results of any assessment, consultations and monitoring, to see whether policies have an adverse impact on disability, gender and race equality. We have done much in this regard already but the work remains ongoing as we strive for continuous improvement. Information on policies, procedures and organisational change is communicated to staff via the SPA intranet (this facility has also been redesigned to improve accessibility), e-mails, various manager‟s meetings and team meetings. Work has recently been undertaken to update and develop both the intranet and website to enable easier access to a range of documents. It is intended that both should attain the highest levels of accessibility for people generally and particularly for those with visual impairments, including compatibility with assistive technology. In carrying out this responsibility the Board will be as transparent as possible. Wherever practicable we will use existing publications including: Staffordshire Probation Area Intranet
Staffordshire Probation Area website – www.staffordshireprobation.org.uk Staffordshire Probation Area Annual Report External publications to external stakeholders Staff Notice board Corporate newsletter – SPA News
Many of our standard information leaflets for offenders, sentencers and staff are already available in Braille. Literature not currently available in Braille is made available on request in large print, audio tape or CD format. SPA will continue to identify and participate in events which promote the work of the Probation Service, and assist in encouraging recruitment across the diversity spectrum. 19.1 Information Sharing Equality and diversity considerations will be taken into account and reflected with regard to legislation and the confidential use and exchange of personal information acquired regarding both staff and service users. We will have in place appropriate policies and procedures to ensure that personal information within the care of the Staffordshire Probation is used within the context of the relevant legislation, in particular the Data Protection Act 1998. Staff and partners party to this Equality Scheme recognise the sensitivity of information relating to all individuals (as detailed in Staffordshire Probation Area‟s Equal Opportunities Policy Statement) and will adhere to the requirements of Schedule 3 of the Data Protection Act 1998 in respect of such information.
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20. ASSESSING THE IMPACT OF POLICY AND FUNCTIONS Equality Impact Assessment (EIA) is the vehicle for assessing whether or not a new or existing organisational policy has the potential for adverse impact on particular groups or individuals. Policy is a broad term which includes strategy, functions and practices and can be unwritten procedures as well as formal written ones. EIA must be carried out on any aspect of probation work which has an impact on service users or staff. This section broadly outlines our approach to EIA. We have had an EIA process in place for some time but have recently taken the opportunity to review and revitalise this to ensure that it remains fit for purpose and relevant to this Equality Scheme. The revitalised Equality and Diversity Toolkit as listed in the Appendices has been separately published for ease of review and update. The process will be used to: Review an existing function, policy or practice Develop a new function, policy or practice.
To meet legal requirements in the equality legislation and protect the service providers from legal action To improve the quality of service delivery work overall and produce a real benefit for all concerned.
Staffordshire Probation Area, as a public authority, must set out arrangements to monitor organisational policies for any adverse impact in relation to disability, gender and race equality. In this respect there is a requirement that improvement groups assess any proposed change against a nationally agreed impact grid. Thus, the specific needs of a diverse workforce are incorporated into planned changes. All new policies and procedures are subject to EIA and as part of this Equality Scheme identified members of staff and Staffordshire Probation Board will receive internal quality audit training and EIA training. This will enable the Area to conduct regular audits and take action necessary to address any adverse impact identified. With that regard, the „Writing Policy, Strategy and Practice Guidance‟ policy provides a definitive framework of expectations for policy writers which states categorically that: “All new or amended policies will be accompanied by an EIA Initial Screening, completed by the policy author. The Initial Screening will determine whether a Full Assessment is required – the procedure for which is outlined within the Area’s Equality Impact Assessment Toolkit.” As part of any policy review there is a requirement to assess implications for diversity. In this respect there is a requirement that relevant managers assess any proposed change through an Equality Impact Assessment procedure. Once completed, all EIA‟s will be reviewed by the Diversity Focus Group, who advise SMT on
The aims of EIA are: To identify any potential for unfair treatment or adverse impact in the way the policy or practice is implemented on any groups (in respect of disability, gender, race, faith or belief, sexual orientation or age). To promote good relations in conducting probation business To promote equality To eliminate discrimination To comply with the general duties relating to disability, gender and race equality and other diversity strands.
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any diversity impact. They seek to ensure that, where appropriate, consultation with relevant partners/stakeholders will take place when developing and reviewing policies. They also commission reviews of diversity impact in key areas of service delivery on an annual basis and report findings to the SMT. In addition, since 2007 Staffordshire Probation Area has had in place a Quality Management System (QMS), which provides the basis for managing our processes, procedures, guidance, and templates, and on, which helps us to deliver high quality products and services – and continuously to improve our capabilities. It includes our Quality Policy – to which the Board, our Chief Officer, the management team and all staff are committed. 20.1 Table of Function and Policy Impact under Race Equality duties. All three Race general duties are attuned to be relevant for SPA functions and policies. Our core functions often have a high impact on families, communities and partners. The initial assessment (high, medium or low) of impact in the following table was arrived at by consultation with managers, representing a race/gender/disability mix. Those designated “High” will be Equality Impact assessed by the end of the first year of the operation of this Single Equality Scheme, and a link published on the SPA website. Alll new functions and policies to be impact assessed and published by the end of the first year of operation (bearing in mind the reference to the potential merger in the foreword). Thereafter, the review of functions and policies will be extended to include our staff guidelines.
Table of Function and Policy Impact under Race Equality Duties Function Service Delivery Offender Management and Interventions (see Service Delivery in Action Plan) Policy Title Complaints and Compliments Complaints procedure PSR Targetting guidance Disclosure of Convictions Drug Testing in Approved Premises Hate Crime Reporting Informing employers of drug use Victims of Crime Policy Working with Racially motivated Offenders Domestic Violence Policy Substances Misuse in Hostels MAPPA Policy and Practice Offender Management Policy Sex Offender Policy Interpreters Policy Offender Travel Workload Measurement Protocol Supervision and appraisal policy Attendance Management Policy Statement and guidelines Career Break scheme Code of Conduct High/Med/ Low H M H L M
H L
H
H
M
M
M H
M H L L
Human Resources (see under Human Resources Management and People Development in the Action Plan)
H
M
M H
Staffordshire Probation Area Equality Scheme
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Learning and Development (see under Human Resources Management and People Development in the Action Plan) Finance, Procurement and Partnerships (see under Procurement and Partnerships in the Action Plan) Information management (see under Monitoring and Policy in the Action Plan) Board Governance
Compassionate leave Flexible retirement Recruitment of ex-offenders Staff Career Planning and Deployment Working beyond retirement age Vaccination Policy Post appointment studies NVQ Strategy Middle Managers Induction Induction Guidelines Performance Review Guidance Procurement strategy Partnerships strategy
L L L H
L
Racism – guidelines on challenging Service Users Fraud Policy Health and Safety /HIV Strategy /smoking policy Key holding policy
H
L M M L L
L H
M L
21. GLOSSARY National Offender Management Service SPA Staffordshire Probation Area OASys Offender assessment system CRAMS Case record and management system LAA Local Area Agreement CDRP Crime Disorder Reduction Partnership PSR Pre-sentence report CSF Critical Success Factor PIP Probation in Publication SMT Senior Management Team FOI Freedom of Information HR Human Resources L&D Learning and Development TPO Trainee Probation Officer EIA Equality Impact Assessment UW Unpaid Work BME Black and minority ethnics QMS Quality Management system NOMS
L M M H
Data Protection Freedom of Information Recruitment and storage Communications strategy Time off for Public Duties Whistleblowing Anti Racism policy statement Equal Opportunitie s Code of Practice Equal Opportunitie s Policy Statement Equality and Diversity Policy
L L L H L
H H
H
H
H
Staffordshire Probation Area Equality Scheme
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Staffordshire Probation Area Equality Scheme
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National Probation Service Staffordshire University Court Staffordshire Technology Park Beaconside Stafford ST18 0GE Telephone: 01785 231749
July 2009