MPA Disability Equality Scheme 2006 – 2009

Report: 8
Date: 29 March 2007
By: Chief Executive and Clerk

Summary

This report presents to Members an overview of the MPA Disability Equality Scheme (DES) 2006 – 2009.

A. Recommendation

That

1. Members agree the MPA 2006 – 2009 DES;
2. agree that the MPA Corporate Equality Plan (CEP) 2004 - 2007 is now replaced and is superseded by the MPA Generic Equality Scheme and the MPA Disability Equality Scheme; and
3. agree the revised Equality and Diversity Policy.

B. Supporting information

1. On 4 December 2006 the Disability Equality Duty (DED) came into force. The DED, also referred to as the ‘general duty’, sets out what public authorities must have due regard to in order to promote equality of opportunity. The DED comes under the Disability Discrimination Act (DDA) 2005. This new legal duty means that any public body will need to actively look at ways of ensuring that Deaf and disabled people are treated equally. The duty is similar to that of the Race Relations (Amendment) Act (RR[A]A) 2000, in that this new law requires organisations like the MPA to be proactive in ensuring that Deaf and disabled people are treated fairly.

2. The DED requires that every public authority shall in carrying out its functions have due regard to the need to:

• 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 towards disabled persons; and
• encourage participation by disabled persons in public.

3. However, this duty is not necessarily about changes to our buildings or adjustments for individuals, it is about weaving in equality for all into our policies and processes. This means that the MPA must demonstrate that we are including Deaf and disabled people and ensuring disability equality in everything we do from the outset.

4. As part of the DED, public authorities must produce a Disability Equality Scheme (DES). A Disability Equality Scheme is simply a framework that the MPA needs to follow in order to meet the duty.

5. Within the scheme public authorities must set out:

• the way in which Deaf and disabled people have been involved in its development;
• the methods for assessing the impact of policies and practices on equality for Deaf and disabled people;
• the actions, which will be taken to meet the duty; and
• the arrangements for gathering information around performance in relation to disability equality and how this will put the information gathered to use.

6. Within the MPA DES we will be required to take the steps set out in our action plan that result in improved outcomes for Deaf and disabled people, demonstrating in this way that our Authority has paid due regard to disability equality. Whilst the process itself is important, the DES is only a means to an end. The MPA DES demonstrates and highlights what practical improvements are necessary to close the gaps in opportunity that Deaf and disabled people face.

7. As with the Race Equality Scheme we must publish a report detailing progress on the duty and identifying what outcomes we have achieved. The MPA published its first Disability Equality Scheme on 4 December 2006.

Areas of success

8. During the development of the DES the MPA established two working groups, one of which was the Disability Strategy group (DSG) and the other the Generic Equality Scheme Working group (GESWG), both of which are externally facilitated. The DSG is a subgroup of the GESWG, both groups working in tandem. The MPA was able to build working relationships with three local authorities, MPA and MPS staff, community members and an MPA Member. This group was particularly innovative, as we had invited MPA Member involvement in this substantial area of MPA equality policy development, which is congruent with the MPA aiming to achieve ESLG level three.

9. Other areas of success have included improved working relationships and promulgation of good practice with the MPS. Officers from Race and Diversity Unit (RDU) have worked closely with officers in the Diversity and Citizen-Focus Directorate (DCFD) whilst developing the MPS’ DES.

10. Throughout the year the MPA Policy Officers’ Group (POG) and the RDU have been looking more closely at the requirements for the Equality Standard for Local Government (ESLG), that would enable the MPA to reach level three of the standard. Equal Opportunities and Diversity Board (EODB) received a report of the ESLG in November 2006. It was found that although the MPA has a variety of evidence that places us notionally at level three, there is still more work to be done in terms of ensuring that the MPA meet the new legislative changes to the ESLG. These changes take into consideration the new legislative duties for disability and gender, as well as other requirements that were not previously required to meet level one and two of the ESLG.

11. In 2006, SMT agreed that POG would take forward the work of Generic Equality Scheme, including the DES. Not only is this a significant development, but also it fits into line with the drivers for change as outlined in the Equality Standard for Local Government.

12. Through combining the GES and DES with the ESLG, the MPA will be working to a comprehensive single equality document, which would cover all of the areas currently included in the CEP; therefore it would not be necessary to maintain two plans with similar data.

13. If it were agreed that the GES should supersede the CEP, this would enable MPA Members (through the EODB) to effectively monitor and scrutinise the progress of all MPA Equalities Schemes and the ESLG through the one document. Updates on the Scheme will be tabled for annual reviews at EODB.

14. If the GES were agreed, it would also mean that the MPA’s Equality and Diversity Policy would need to be amended to reflect not only the legislative duties across all six equality strands, but also key elements of the ESLG at levels 1 and 2. Without these amendments to our Equality and Diversity Policy, the Authority would be in danger of not being able to sign off levels 1 and 2 of the ESLG. The revised Equality and Diversity Policy is contained in Appendix 2.

Areas for improvement

15. Whilst the MPA has continued to improve the service that we provide to all Londoners through ensuring that our services are fully accessible, we still have some way to go. At the EODB in January 2007, members agreed that they wished to see evidence of active involvement with Deaf and disabled people as the Scheme progressed and at the point of review.

16. There are also several immediate issues that need to be considered in terms of reasonable adjustments; the first being the implementation of the MPA taxi policy for Deaf and disabled people. Whilst officers have to sometimes make discretionary decisions on whether a taxi is necessary for a member of the public to participate in MPA business, there have been instances where the policy is applied far more rigorously and at a disadvantage to disabled MPA staff when they have been unable to use public transport. There is some learning for our organisation to do in regards to ensuring that we are fulfilling our obligations under the DDA 2005 not only for members of the public but for MPA staff as well.

17. Although the RDU have continued to seek practical and realistic solutions to ensure that all of our meetings are fully accessible, there is still the ongoing issue with MPS reports being tabled late and not in a format that is accessible to all MPA officers and Members. This issue has been discussed at Full Authority, 30 November 2006. The Chair of the Authority made a commitment that late and inaccessible agenda items will not be discussed at that meeting and this principle, in general, would apply to future meetings.

18. In regards to physical access, there have been several complaints about the MPA accessible toilet which is located in the basement of the MPA building. The frame of the bathroom’s outer door is too narrow and larger motorised wheel chairs cannot pass easily through the doorway. The spring tension on this outer door is too tight, which makes the door difficult to push open. The MPA Administration Unit is currently taking these issues up with the landlord of the building. The MPA will also be carrying out a Disability Audit of the floors it occupies of 10 Dean Farrar Street.

Synergy with other corporate initiatives

19. The MPA Service Improvement Programme is still a major business activity, and will continue to be so during the development of our GES. Therefore it is vital that this work, together with the work on the Equality Standard for Local Government (ESLG), consistently provides evidence of the MPA meeting its general and specific duties under the Disability Discrimination Act.

Generic Equality Scheme

20. The MPA is currently developing its Generic Equality Scheme. The GESWG will aim to deliver the final Scheme by summer of 2007. Due to the joint decision taken by MPA Senior Management Team (SMT) and RDU to combine the GES with the ESLG, it would not have been realistic to maintain the December 2006 deadline.

21. The Gender Equality Duty comes into force on 6 April 2007. It has been described as the biggest advance in gender equality for over 30 years. From next year, public authorities will be under a general duty to have “due regard” to the need to eliminate discrimination and harassment and promote equality of opportunity between men and women in all their public functions. The MPA has already held a gender consultation/involvement event (in the summer 2006) in preparation for this new duty.

22. The MPA is still considering the question of faith monitoring in light of the Single Equality Bill where there is provision for monitoring employment, service delivery and community engagement across the six equality & diversity strands. Given the forthcoming legislation and the impact the MPA’s Generic Equality Scheme will have in assessing the provision and access to goods and services, the MPA are exploring hosting further consultation/involvement events around faith and ethnicity in early 2007.

C. Race and equality impact

1. The DES is the mechanism whereby the MPA informs both its workforce and Londoners of the way in which it will implement the duties placed upon it by the Disability Discrimination Act 2005. It is also the vehicle by which the workforce and Londoners can hold the MPA to account in implementing those duties.

2. Successfully operating the DES and the GES will produce positive benefits for all London’s diverse communities and for the workforce of the MPA. A contented workforce that mirrors, at all levels, the diverse nature of London’s communities and a community that is proud of, and confident in, its police authority will improve the general view of policing and the confidence placed within.

D. Financial implications

1. The MPA RDU has fully absorbed the cost of developing the DES. These costs have included developing the DES and other materials in a variety of alternate formats and hosting accessible involvement/consultation events.

2. These costs to date of producing the MPA GES, including the DES, has exceeded our original estimate of £8000, and has placed a significant demand on the RDU budget, but the Unit has continued to successfully operate within its financial strictures. It is important to note that RDU anticipates associated costs will increase as we continue to make our services more accessible as well as develop our GES. To date the total cost of developing the MPA DES is £13,646.05.

3. RDU have asked the MPA Senior Management Team to consider as part of its resource allocation for 2007 - 2008 establishing a corporate budget from which appropriate funds can be drawn. The delivery of the DES and GES are a corporate responsibility and as such individual units will need to make ‘reasonable adjustments’ either to meet legislation or to meet the commitments made in our action plans. This is so that the MPA can ensure appropriate funding for initiatives, monitor the ‘reasonable adjustment requests’ and encourage cross unit initiatives, which is in line with Improvement Programme goals of reducing and eradicating silo working. It also assists us meet our commitments to the Mayor’s Budget and Equalities returns. Senior Management Team is considering how this work can be funded in the future.

4. Members need to be aware that the reduction of administrative support in the RDU may have an impact on the timetable for the delivery of the Scheme.

E. Background papers

• MPA Race Equality Scheme update paper – dated 2 February 2006
• www.womenandequalityunit.gov.uk
• www.dti.gov.uk
• File information supplied by Kim Webster

F. Contact details

Report author: Julliett Fearon-Knott and Laurence Gouldbourne, MPA.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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