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Public Sector Equality Duty & Equality Delivery System

Public Sector Equality Duty

The Equality Act 2010 introduced a new, legal, public sector equality duty (PSED) requiring public bodies to declare their compliance with the duty on an annual basis. This means that as a CCG we must show compliance with both the general and specific duties of the PSED.
In the exercise of its functions, for the general duty we (the CCG) must have due regard to the need to:
  • Eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Equality Act 2010;
  • Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
  • Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
 
Protected characteristics – in the context of the PSED – are defined as:

 

  • age
  • disability
  • gender reassignment
  • pregnancy and maternity
  • race – this includes ethnic or national origins, colour or nationality
  • religion or belief – this includes lack of belief
  • sex (male & female)
  • sexual orientation
 
It also applies to marriage and civil partnership, but only in respect of the requirement to have due regard to the need to eliminate discrimination.

 

Specific Duties

 

The CCG must prepare and publish one or more equality objectives it thinks it should achieve to support the PSED (above). The objectives must be published not later than 13th October 2013 and at intervals of not greater than four years. Each objective must be specific and measurable.

The CCG must publish information, not later than 31st Jan each year, to demonstrate compliance with the PSED. The information published must relate to persons who share a relevant protected characteristic who are:

  • Its employees (only when employing 150 people or more);

  • Other persons affected by its policies and practices.

 

In order to the meet the PSED, CCGs are required to publish equality objectives every four years. Our objectives were most recently refreshed in 2015 and endorsed by the CCG Governing Body in January 2016. They are to:

 

  • improve commissioner understanding of the populations we serve
  • ensure accessibility to services and information
  • demonstrate a commitment to Equality and Diversity through training and development at all levels of the organisation
  • ensure equality of opportunity in employment and training provision.
 

Equality Delivery System 2 (EDS2)

 

The Equality Delivery System 2 (EDS2) is a tool to help the CCG to review their equality performance and to identify future priorities and actions. Its aim is to enable the NHS to deliver better outcomes for patients and communities and better working environments for staff, which are personal, fair and diverse.

 

At the heart of the EDS is a set of 18 outcomes grouped into four goals. These outcomes focus on the issues of most concern to patients, carers, communities and staff. It is worth noting that while the EDS2 tool is mandated for commissioning and provider organisations, not all 18 outcomes contained within it are directly applicable to CCGs.  The CCG has identified and focuses its efforts on achieving six key outcomes. The outcomes were identified based on availability of evidence (case studies, examples of good practice etc.) so as to enable the ability to demonstrate progress.

 

It is against these outcomes that performance is analysed, graded and action determined. The grading of the CCG is carried out by local people across Eastern Cheshire on a yearly basis,and who form an independent stakeholder panel.
 
The four national EDS goals are:

 

  • Better health outcomes
  • Improved patient access and experience
  • A representative and supported workforce
  • Inclusive leadership
 
The six CCG outcomes are:

 

  • Services are commissioned, designed and procured to meet the health needs of local communities (Link to Goal - Better Health Outcomes)
  • When people use NHS services their safety is prioritised and they are free from mistakes, mistreatment and abuse (Link to Goal - Better Health Outcomes)
  • Screening, vaccination and other health promotion services reach and benefit all local communities (Link to Goal - Better Health Outcomes)
  • People, carers and communities can readily access hospital, community health or primary care services and should not be denied access on unreasonable grounds (Link to Goal - Improved patient access and experience)
  • People report positive experiences of the NHS (Link to Goal - Improved patient access and experience
  • People’s complaints about services are handled respectfully and efficiently. (Link to Goal - Improved patient access and experience).
 
The grades for EDS are as follows:

 

  • Undeveloped
  • Developing
  • Achieving
  • Excelling
 
Each year the CCG reviews its performance against its equality objectives, provides evidence of how it is performing against the EDS goals and undertakes a self-assessment with an independent panel. This is reported to the Governing Body.

 

For further information about the CCGs Equality Objectives and performance against its EDS Outcomes:

 

Equality and Diversity Annual Report 2015-16
Equality and Diversity Annual Report 2016-17
CCG Equality and Diversity Action Plan 2017-18
CCG EDS Summary Report  2016-17
CCG and Local NHS Provider EDS Grades 2016-17