Race, equal opportunities and diversity strategic policy objectives composite report

Report: 9b
Date: 04 December 2003
By: Clerk

Summary

This report presents an overview of the race, equal opportunities and diversity activities of this Board and proposes the adoption of key strategic and policy objectives for the MPA for 2004-2007. It draws together activity in response to a number of reports and recommendations.

A. Recommendations

Members are asked to:

1. Comment and agree the proposed strategic priorities for the EODB for 2004/06 (Para 7)
2. Comment on the proposal in paras 12 and 13 for ensuring that the HR and other Committees progress the success measures in the RES and others that may emerge
3. Note the further work proposed and comment on and agree the proposals in relation to the lifting of the label of institutional racism from the MPS ( para 15-18)
4. Agree the proposal to increase the development of further equalities targets (in para 19)
5. Agree the proposal for reporting update and progress on the Service Improvement Plan (SIP) (para 24)
6. Agree the member to take lead responsibility for overseeing the Level 5 achievement (para 28).

B. Supporting information

An appendix is enclosed for members only. It has also been placed on the website and copies are available from the MPA Secretariat (020 7202 0181)

Statutory and regulatory responsibilities

1. The race, equal opportunities and diversity responsibilities of the MPA are guided and informed by legislation and regulations. These include:

• The Greater London Authority (GLA) Act 1999, which places a duty on the MPA to promote equal opportunities, eliminate unlawful discrimination and promote good relations between people of different races.
• The Race Relations Act (1976) and the Race Relations (Amendment) Act (RRA) 2000 which requires the MPA, as a public Authority, to publish the arrangements that it will put in place to meet the general and specific duties of the Act. These are outlined in the MPA Race Equality Scheme.
• The Sex Discrimination Act (1975) and more recently the Disability Discrimination Act (1995) places similar duties on the MPA as an employer to ensure that the way in which it executes its responsibilities is compliant with the requirements. The Equal Opportunities and Disability Commissions plan to require employers and public authorities such as the MPA and the MPS to develop schemes similar to that under the Race Relations (Amendment) Act 2000. The GLA already has such schemes in place.

2. The Commissions (Race, Equal Opportunities and Disability) have each issued codes of practice, which contain practical guidance on eliminating discrimination and promoting equality of opportunity in employment and valuing diversity. Many of these are initially employment related. This Board will want to ensure that has the structures and processes in place for internally monitoring the implementation of the codes by the MPA Human Resource (HR) Committee. This is one of the recommendations arising from the Internal Audit Systems Review of Diversity Applications report. Members have previously agreed the establishment of an Internal Equalities project sub group (see agenda item 16), and it is proposed that this group be asked to come up with proposals for achieving this.

3. From December 2003 new legislation will affect the employment practices that discriminate on the basis of someone’s religion, which for the first time will become unlawful in England. The HR committee considered a report on this in October and this is attached as appendix 1 to agenda item 17. The GLA is in the process of developing guidance for implementing the responsibilities under this legislation and it may be that this Board will wish to consider this guidance at a future meeting.

4. In addition to those listed, the EODB will need to be continuously updated of emerging legislation and directives that are likely to impact on its responsibilities.

Strategic recommendations

5. In addition to the statutory legislation and regulations, the MPA is required to adhere to and implement a number of race and equal opportunities strategic recommendations and actions that would contribute to embedding diversity performance within the MPA. These also provide the basis on which the Authority exercises its overview of the race, equalities and diversity performance of the Metropolitan Police Service. These recommendations include:

• The Stephen Lawrence Inquiry report;
• Recommendations arising from Her Majesty’s Inspectorate of Constabulary (HMIC) reports;
• Recommendations arising from the GLA Best Value Review of Equalities, consultation and the annual budget and equalities process;
• Guidance from the Association of Police Authorities.

6. The creation of this Board has ensured greater focus on the MPA race, equalities and diversity agenda. It is therefore proposed that for the next period of time (2004 - 2006), that this Board agree a race, equalities and diversity strategic framework that will enable it to consolidate its progress in areas which it has already achieved success, so that this can be sustained and place the Authority in the favourable position where it is seen and experienced as a organisation that excels in its own race, equal opportunities and diversity performance and practice while at the same time being more focused in its scrutiny responsibility in respect of the MPS in its own race, equal opportunities and diversity performance. The time scale for these objectives of course spans the formation of the new Authority in July 2004, and the incoming members will no doubt want to review them.

The strategic equalities and diversity policy objectives 2004 - 2007

7. This Board and the Authority have, over the past 18 months or so, taken a range of key decisions that have resulted in significant equality commitments. It is proposed that, rather than seek to extend the work of the Board the focus should now be on achieving these priorities, targets and measures that have already been agreed. The priorities arise from each of the reports contained in the MPA Race, Equalities and Diversity Composite report. They are also reflected in the MPA Equalities budget submission. A copy is in the Members room, and members of the public can request a copy from the MPA Secretariat. 

The proposed priorities are the same as those reflected in the budget proposal submitted to the Mayor’s office. They are:

Priority One - Race Equality Scheme

To achieve progress against all the arrangements and measures outlined in the scheme, and to review and update the publication by May 2005.

Priority Two - Best Value of Equalities Service Improvement Plan

To progress and continually monitor the achievement of each of the recommendations and, where necessary, to establish structures and processes to achieve the necessary outcomes.

Priority Three - Equalities Budget and performance monitoring

To overview and monitor the equalities budget spend and performance of the MPA and the MPS.

Priority Four - MPA/MPS internal Diversity Application and Monitoring

To monitor closely all aspects of the internal Audit report and progress against each recommendation so that the Board can hold the MPS to account for its internal diversity structures and performance.

Priority Five - The Equality Standard for Local Government

To achieve Level 5 of the Equalities Standard by 2005. In July 2003, members confirmed this commitment and set an initial target to achieve Level 3 of the standard by 2004.

Priority Six - MPS Diversity Strategy and Key Strategic

To monitor the MPS performance and practices as set out in the Diversity Strategy, and the supporting action plans, including the local diversity plans.

Additional proposed priorities

8. Two further priorities have been proposed by the Mayor’s office following the equalities budget process. The detail of these are outlined in report no 11 on this agenda. Should members agree to the proposed priorities, a detailed and comprehensive strategy, with timelines and resource implications, will be developed for consideration at the February meeting of the EODB. 

Priority One - Race Equality Scheme

9. Members will be aware that the MPA Race Equality Scheme contains a number of actions to satisfy the requirements of the RRA. The Scheme has specified five measures for gauging success in the implementation of the Scheme and the consequent diversity performance and staff and public confidence that will result from this.

10. The published success measures are:

1. Staff feel that they are being fairly treated by MPA members, managers and colleagues in terms of race and equal opportunities.
2. Management structures and processes are in place to give staff the confidence to make complaints and voice grievances.
3. London’s minority ethnic communities have greater trust and confidence in their police service.
4. The MPA is working in partnership with other organisations on issues of race and equality; and 
5. Mechanisms for communicating and engaging with young people in particular are established by the MPA.

11. Progress is already underway and this Board will want to see that this is monitored and ‘signed off’ as completed when the targets have been achieved.

Performance and Success Measures for the MPS

12. The MPA Race Equality Scheme also proposes measures that will be used to monitor the MPS progress. The success measures are:

6. The public lifting of the label ‘institutional racism’, placed upon the MPS by the Stephen Lawrence Inquiry;
7. Management structures and processes are in place to give all staff confidence in making complaints and voicing grievances;
8. The MPS workforce is representative of London’s diverse communities at all levels; 
9. The alleviation of the public’s perception that there is unjustified racial disproportionality in sensitive areas such as deaths in custody and stop and search;
10. The effectiveness of diversity training provided to all in the MPS;
11. ‘Fair Practice’ measurement is implemented across all boroughs and occupational command units (BOCU and OCU) and is used to keep the MPA link members and committees informed about local equality issues in service delivery.

13. Members will note that the Human Resource Committee overview some of the measures while others such as grievances are in the domain of Professional Standards. This being the case, it is proposed that a more formal reporting line be put in place to ensure that both Committees provide this Board with six monthly reports on the key race, equalities and diversity issues that it has addressed in relation to the measures in the Race Equality Scheme and the other equalities areas so that this Board is enabled to sign these off as completed.

14. This proposal is in line with one of the key recommendations arising from the GLA budget equalities review where the GLA assessed that a possible weakness in the current governance responsibility is that of its process for monitoring the mainstreaming and equality performance and considerations of other MPA committees. 

Lifting the label of ‘institutional racism’ from the MPS

15. One of the measures of success for the MPS is that of the Authority ‘publicly lifting the label of institutional racism from the MPS’. The timescale for achieving this is given as 2005. Recent high profile cases as well as some of the emerging findings from the MPA scrutiny into stop and search, the independent evaluation of the MPS CRR training have indicated that the MPS find the label unhelpful and that it continues to evokes a great level of resentment has highlighted the complex set of issues that the Authority will need to address, in assisting the MPS in achieving this success measure. 

16. The recent BBC ‘Secret Policeman’ television programme and other matters have since come to light within the MPS itself, have indicated, however, that elements of racism remains and that achieving this measure of success is likely to take somewhat longer that was anticipated by the Authority in 2001.

17. There are high stakes for the Authority and the Service in reaching a decision on this measure and it is in the interest of both, that almost 15 years following the racist murder of Stephen Lawrence that there is a clear timeframe and performance measures and action plan outlining the improvements that the MPS will need to demonstrates in order that this label could be publicly lifted.

18. It is proposed that this Board set this as one of the key targets for the coming year. Should this be agreed, detailed discussions would need to be held with the Home Office, the MPS, GLA, CRE and other stakeholders about the best way in which this potentially highly sensitive area of work can best be progressed. Detailed proposals will be brought to the February meeting.

Increasing the Measures of Success

19. There are further measures of success that could be added to this list both for the MPA and for the MPS. Officers will review these and bring further proposals to Members. The success measures will need to be extended to the other equalities target areas (gender disability, faith, sexuality), and it is proposed that this should be a target for completion by 2004. Progress towards achieving this target would contribute significantly to meeting the requirements of the other strategic equalities practices, including progress towards achieving Levels 5 of the Local Government Equalities Standard.

Race Equality Impact Assessment

20. Members will note that one of the requirements of the RRA is that impact assessment should be carried on all new and emerging policies and functions of the MPA. The definition of a policy is relatively broad and discussions with the CRE indicate that this include the requirement to impact assess ‘custom and practices’ as well as more formal policies and those decisions that will lead to policy and practices.

21. Officers have developed draft guidance to inform and assist colleagues in meeting this requirement and the CRE has recently assisted in the delivery of three training and briefing sessions for all MPA (and MPS) staff. 

22. It has become apparent that the current Committee template is inadequate in assisting the MPS and MPS in identifying those emerging or existing policies, and proposals that could lead to policies, that may require detailed race/equalities impact assessment. It is therefore proposed the current Committee report template be amended so that a statement of ‘initial impact’ assessments can be carried out at the time of developing a report. This will assist the Clerk and Head of Consultation and Diversity in more effectively assessing the level of work that will be required in this area and the process that will be put in place for consulting the public on each of these impact assessments.

23. This is a core aspect of the RRA and it is proposed that the results of these assessments are regularly reported to the Board.

MPA Best Value Review Of Equalities Service Improvement Plan (SIP)

24. The GLA Best Value ‘Equalities for All’ review was pretty comprehensive However, since that report was published other scrutinies of the MPA performance are either currently taking place or planned including the Initial Performance Assessment (IPA) by the Audit Commission, which will need to be reflected in the SIP. It is therefore, proposed that the SIP be updated twice yearly for consideration by the Board, and that the annual report of the progress made against each recommendation be published on the MPA website as well as form part of the MPA annual equalities report, which will be published and distributed to the MPA key parties, stakeholders and communities.

Equalities Standard for Local Government – Level 5 Achievement

25. Working to achieve the ESLG will allow the MPA to demonstrate its equality excellence in all aspects of its organisational, service and people performance. However there will be a significant amount of work needed to achieve this target. The proposal outlined in this report will greatly assist in achieving the three levels of the standard by 2003 and Level 5 by 2005.

26. The first three levels to achieve are:

1. Level 1 – obtaining commitment to review and change practices and establishing of processes and partnership frameworks, establishing policies and procedures. The initial step will be to set out a Corporate Equality Plan which sent out how the Standard will be implemented across the MPA, including timescale and details of allocated resources.
2. Level 2 – Assessment and Consultation including the requirement to carry out a corporate needs/impact assessments. This will be supported by the requirement in the RES for equalities impact assessments to also be carried out.
3. Level 3 – Setting equality objectives and targets, including the development of service objectives and targets with performance indicators

• Level 4 - Information systems and monitoring against targets, including the need for audits to establish a baseline for future monitoring. 
• Level 5 - Achieving and reviewing outcomes, which are the targets set at Level 3.

27. Each of the levels has to be achieved across defined areas including leadership and corporate commitment, consultation and community development and scrutiny, service delivery and customer care and employment and training. The Standard has been designed to bring equality into the mainstream of policymaking, and it has the capacity to accommodate those equalities performance indicators and statutory duties that are mandatory and binding on all local authorities. Many of the measures and targets that this Board is being asked to endorse will assist in satisfying the requirements of the Standard. 

28. Like the other priority areas, it is proposed that this area should be a regular item on the EODB agenda. In addition, it is proposed that the Board identify a member prepared to take lead responsibility for this strategic area. This role will include chairing and attending internal and external meetings, receiving and commenting on proposals representing the Authority in meetings with the Equalities Commissions among others.

MPA Equal Opportunities Policies

29. There is an urgent need for the MPA to develop a range of equalities policies, both to meet the requirement for the Local Government Equalities Standard, but also because it is good practice to do so.
The Internal Audit report had recommended that this should be done as a matter of urgency and officers are in the process of developing a suit of these. These will be brought to this Board in February 2004 for its consideration.

GLA Group Recommendation on the MPA and MPS Annual Equalities Budget Submission

30. This GLA report will be considered annually. This first report and its recommendations are primarily aimed at ensuring that internally, the Authority, through the work of the Board is able to achieve the work programme submitted to the GLA.

31. Members will wish to take note of the specific recommendations to the MPS and agree on how it wishes to monitor the MPS progress against each of these. As the recommendations are published in the Mayor’s report and are in the public domain, the Board will want to ensure that these are progressed as part of its overall strategic priorities, and that this progress is reflected in the annual report.

MPA Internal Audit Systems Review of Diversity Application Monitoring

32. This IA report is the first system review of diversity that has been carried out as part of the 2002/2003 internal audit plan. Its premise was that supporting diversity within the MPA and MPS organisation should go beyond meeting equal opportunities requirements and means being committed to valuing and recognising the unique contribution and needs of individuals within the organisation. The resulting recommendations are all aimed at harnessing the strength of a diverse workforce to continually improve the level of service provided.

33. The report makes a number of recommendations, nine of which have been categorised a high priority and require immediate attention. Some progress has been made against some of these, however many are still to be progressed. There is of course duplication and overlap in the recommendations in the IA report, the Service Improvement Plan and the GLA budget recommendations. Work is in hand to map this and a detailed update on the priority recommendations will be considered at the February meeting of the Board. 

Scrutiny of the MPS Race, Equal Opportunities and Diversity Performance

34. The MPS has achieved a great deal and is renowned for its diversity performance. It is accepted by many as a national and international leader in the approaches that it has taken to embed diversity practices into the core culture of the organisations. The MPS diversity strategy document has been endorsed and supported by key organisations including the Commission for Racial Equality. Indeed, the former Head of the CRE continues to provide advice to the organisation.

35. The MPS lists the key strategic reports underpinning its diversity strategy as those below and members will need to ensure that progress against each is continuously reviewed:

• Stephen Lawrence recommendations
• Winning the race (HMIC)
• Winning the race revisited (HMIC)
• Diversity matters (HMIC)
• Winning Consent (HMIC)
• Equalities for all review (MPS Implementation)
• Race Relations Amendment Act 
• MPs Race Equality Scheme
• Disability Discrimination Act
• Hate Crime Legislation and Directives
• Implementation of forthcoming legislation in reaction to faith and LGBT issues

36. In addition there are a number of other related equalities and diversity matters that are also progressed by different directorates, such as the Diversity Training Directorate and the Development and Organisational Implementation Team (DOIT) for example over which this Board will also want to maintain an overview. There are also close links between the responsibilities of DOIT and the MPS Human Resource Directorate.

37. However, there remains a great deal to achieve. A number of recent high profile cases have revealed that aspects of the corporate culture may not have been as influenced by the diversity culture as the MPS would have liked. Surveys and reports from a number of sources including the London Survey, British Crime Survey, among others, continue to reveal that policing in London is perceived and experienced as discriminatory and biased, with continuing mistrust and a lack of confidence by certain sections of the public, including people from the black minority and ethnic communities.

38. The MPS, with MPA endorsement devotes a significant budget (£78M, 2003/04) and resources (121 staff) to its diversity performance. A key target for the Authority, through the work of the EODB, will be to specify and publicise the performance measures that it will set, and the monitoring processes that it will put in place to see that the MPS achieve those measures published in the Race Equality Scheme in 2002.

39. Members will see that the proposed work programme for the next phase of the work of this Board is very comprehensive. Other work areas will arise, however, the Board will need to ensure that these do not seriously affect the achievements of the priorities outlined above. The Chair, in consultation with the Clerk and the Head of Consultation and Diversity will need to keep this under regular review.

C. Equality and diversity implications

All matters discussed in this report will add contribute to the race, equalities and diversity performance of the MPA and the MPS. If members agree the proposals and targets contained in this report, an equalities impact assessment will be carried out on the proposals and the report fed back to a future meting of this Board.

D. Financial implications

The financial implications of this report are contained in the work programme and budget submission. 

E. Background papers

• MPA Race Equality Scheme 2002
• MPS Race Equality Scheme 2002
• MPA Equality Service Improvement Plan 2003
• Internal Audit Review of MPA and MPS Diversity Performance 2003
• The Equality Standard for Local Government 

F. Contact details

Report author: Julia Smith 

For more information contact:

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

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