Board of Directors Meeting - 29 March 2012 - Devon Partnership ...

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Appendix 4Board of Directors Meeting, 29 March 2012Agenda Item 9The Equality Delivery Council (EDC) was established in 2009 and includes Director Generals of theDepartment of Health, representatives from each strategic health authority and other interests. TheEDC supports NHS staff and organisations to work closely with the communities they serve to deliverservices that are personal, fair and diverse; to champion continuous improvement in the quality ofpatient services; promote good practice; and support the NHS to implement the Equality Act 2010.The EDS is one of the first products initiated by the EDC. The purpose of the EDS is to drive upequality performance and embed equality into mainstream NHS business. It has been designed tohelp NHS organisations, in the current and new NHS structures, to meet:-The requirements of the public sector Equality DutyEquality aspects of the NHS ConstitutionEquality aspects of the NHS Outcomes FrameworkEquality aspects of CQC's Essential StandardsEquality aspects of the Human Resources Transition FrameworBenefits of the EDSOnce effectively implemented the EDS will:Help the NHS deliver on the Government’s commitment to fairness and personalisation,including the equality pledges of the NHS Constitution and maintain a focus on equality duringthe NHS transition.Help organisations to respond more readily to the Equality Act duty – something they will needto do in any event.Deliver improved and more consistent performance on equality.Support commissioners to develop commissioning plans that address needs of theircommunities, especially local needs and local health inequalities.Help providers to respond better to CQC registration requirements.Improve efficiency and bring economies of scale by providing a national equalities frameworkfor local adaptation.Provide excellent evidence of engagement and consultation with patients and staff.As the foundations of the NHS are being recast, it is an ideal opportunity to put fairness into theheart of the new NHS. The introduction of the EDS as a vehicle that will help NHSorganisations to meet their public sector equality duty obligations (which has to be publishedon 31 January 2012) from 1 April 2012.Which functions do the EDS apply to?The EDS applies to both NHS commissioners and NHS providers – both in the current NHS and thenew NHS as set out in the White Paper and Health & Social Care Bill. This means that the EDSapplies to Primary Care Trusts/PCT Clusters (PCTs), until they are abolished, and to GP Consortiathat emerge to take over the commissioning work of PCTs, from 1 April 2014.Page 74 of 156
Board of Directors Meeting, 29 March 2012Agenda Item 9The EDS applies to NHS providers including Foundation Trusts, all of whom are registered toprovide services by the CQC.It may also be applied, through contracts, to those healthcare organisations that are not a part of theNHS, but which may work to contracts issued by NHS commissioners.How have service users and local people been involved?The EDS is designed for the NHS by the NHS. It is based upon the views of 700 people coveringpatient, staff and other interests at 35 engagements events in 2010 and early 2011. When the EDSregional consultation events are concluded in 2011, it is estimated that over 2,000 people will havecontributed to the EDS design. It is hoped that Board will give its full backing to use the EDS as a wayof consulting staff for issues it is engaged inHow does this fit with the organisations Operational Planning Process?The EDS should form part of the organisation’s strategic and annual business cycle and help guidefuture planning and resource allocation. The Board is asked to approve this in words and action.HOW DOES THIS CONTRIBUTE TO REDUCING HEALTH INEQUALITIES?Social class, poverty and deprivation are often closely related to the incidence of ill health and the takeup of treatment. In addition many people with characteristics afforded protection under the EqualityAct 2010 are challenged by these factors, and as result experience difficulties in accessing, using andworking in the NHS. For this reason, work in support of protected groups is best located in work toaddress health inequalities in general with a focus on improving performance across the board andreducing gaps between groups and communities.Financial implicationsThere is a substantial financial input arising from the new framework dependant on the overallcommitment to the agenda. However there will be on-going resource implications in terms of:Developing and implementing an on-going community engagement exercise arounddeveloping equality objectives and prioritised actions and assessing organisationalperformance against these.Participating in a regional grouping cluster of NHS Trusts to share good practice and peersupport.However it should be noted that as organisations need to meet the Equality Act 2010 duty, the abovecost implications would be incurred regardless. The NHS organisation and/or legacy organisationswould be at risk of legal challenge if it failed to meet its duties under equality legislation, or if itknowingly or unknowingly allowed discrimination to occur.9 Legal issuesThe EDS does not replace legislative requirements for equality; rather it is designed as a performanceand quality assurance mechanism for local NHS Boards and a means by which NHS organisations arehelped to meet the requirements of their public sector duty under the Equality Act (2010) and the NHSAct (2006).Next stepsThe organisation has to have fully signed up to the EDS by 1 April 2012. Subject to the Board’sapproval and as a matter of urgency the organisation should identify a Lead Non-Executive Boardmember to work with the Director of Workforce and Organisational Development, Martin Ringrose, andthe Equality and Diversity Advisor/Co-ordinator with responsibility for EDS implementation. TheyPage 75 of 156
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