Commission for a Review into Institutional Racism Complaintsat Harrow Council

Background

A complaint of Institutional Racism has been made about Harrow Council. As a consequence of the Macpherson Report following the Lawrence Inquiry, it can be inferred that all Public Bodies could potentially be found to be Institutionally Racist, not just the Police. It is important to establish the levels, range & extent of Institutional Racism when a complaint is made so as to discharge the Public Sector Equality Duty. The purpose of this exercise is to assess, identifywhether Institutional Racism exists and how following an investigation, Harrow Council can be assisted in putting in place remedial measures.

Harrow Council is aware that a number of members of its staff and some elected members, have made allegations of potentially discriminatory behaviour, based upon their race. The Council takes these allegations very seriously and with one of the most diverse communities in the country to serve, it is important that the Council puts in place an appropriate mechanism to review both these complaints and other views that have been expressed. The Council therefore wishes to appoint an independent investigator to review the complaints and other views expressed, to carry out an investigation into the issues raised by these and in particular support a conclusion as to whether or not there is any truth in the allegations made that the Council is "institutionally racist". In reviewing these issues the Council would like the investigator to ensure that the conclusions are accompanied with recommendations which will help the Council improve in its duties under the Public Sector Equality Duty and support the continued delivery of outcomes for the residents of Harrow.

Terms of Reference for Independent Review

The review would include the following:

  • Allowing a safe space for Council staff and Harrow Councillors to bring forward complaints and experiences from interactions with Harrow Council staff (i.e. not to cover Councillor complaints about other Councillors). If evidence from residents is presented then the Investigator would be encouraged to include these where appropriate to do so,
  • To meet and interview those staff members and Councillors who raise issues or complaints, and with other members of staff or Councillors where relevant,
  • Whether or not any policies of the Council have been ignored in the way in which the individuals who have either complained or brought up issues have been dealt with,
  • A review of the Council's policies, i.e. those which relate to racism,
  • Whether or not the Council has observed its duties under the Public Sector Equality Duty.

It is envisaged that these terms of reference will be adapted and refined once the independent investigator is in post including:

  • Seeking advice on whether views should be taken from those who are the subject of the complaints during the investigation,
  • Timescales necessary to deliver review conclusions which meet the objectives of the work,
  • The most appropriate way to foster an environment which enables people to feel they can come forward, including how to ensure that staff members are aware of the review and how they can contact the investigator,
  • Any other aspects of the terms of reference which the independent investigator suggests should be changes on the basis of their experience of undertaking this work.

The independent reviewer will be given a number of documents from the Council as part of their work, e.g. Annual Equalities Report considered by the Councils’ Employee Consultative Forum.

The independent reviewer would be required to produce a report and to deliver their report to the Leaders of the Political Groups within the Council, and the Council’s Head of Paid Service. The outcomes of the investigation work should be evidence-based and support the understanding of the reasons behind the allegations of racial discrimination.

Should the independent reviewer find that there is evidence that the specific issue(s) raised by an individual should be investigated further, either by the Council or perhaps even the Police, then this should be indicated to the Council by the independent reviewer. All individuals being invited to put forward their concerns would need to be aware that if the investigator concluded that there was evidence that an individual had been treated unfairly, then the independent investigator would flag this with the Council.

The Council is very anxious to ensure that the investigation is carried out by someone who has great expertise in this area, and can also demonstrate independence from the Council's members and senior management.

It is envisaged that the independent reviewer will need to interview members of staff and Councillors and will be provided with accommodation within the Council's premises within the borough (but not the main Civic site) to enable this to take place. Administrative assistance in arranging interviews, collating documents etc can be made available from the Council, but thoughts on whether this could impact on the independence of the review are very much welcomed. If the Council is not providing administrative assistance then any additional support arrangements must be made clear in the proposal.

Delivery Date

It is important that this is carried out speedily, so in submitting a proposal, bidders should indicate their ability to carry out the review starting as soon as possible and whether they would be able to deliver a report before the Purdah period of the Local Government Elections which starts on 14th April 2014. However, should this not be possible, we would still be interested in understanding when the work could commence and conclude.

Subject to the conclusion of the review, the Council may wish to work with the investigator in commissioning work to look at how to deliver any recommendations which come out of the review.

The Proposal

Candidates should deliver a concise proposal, focusing on the proposed work. The proposal should include the following information:

  • candidate or organisation details including name, legal status, full contact details and lead contact,
  • details of professional experience and expertise relevant to the project, responding to the points in the Selection Criteria section,
  • details or CVs of staff who will undertake the work and a clear breakdown of how much time each person will contribute to the project,
  • proposed approach and methodology to deliver the project, including: suggested timetable for the work, including key milestones and clear timescales for completing the project, and any risks and how these should be mitigated,
  • details of how you will work closely with Harrow Council and the relevant sector stakeholders / complainants
  • details of any potential or actual sensitivities involved in undertaking the work and how they will be managed,
  • schedule of all costs including a detailed breakdown of how costs will be allocated in terms of staff hours, expenses, VAT (if applicable) etc, including any preferred variation to the payment terms,
  • outline of the candidate or organisation’s approach to equality and diversity,
  • details of any claims of unlawful discrimination upheld against the candidate by any court or employment tribunal in the last three years,
  • details of any outstanding claims of litigation against the candidate,
  • details of the candidate’s insurer, the policy numbers, extent of cover, and expiry dates in respect of public liability and professional indemnity insurance, together with copies of the policies,
  • potential or actual conflicts of interest that the Council should be made aware of,
  • if the proposal is submitted on behalf of a consortium, please: list the members of the consortium, identify the lead member and contact.

Timetable for Appointment and Commencement of the Review

Key dates are as follows:

7th March 2014 Specification for the Review work sent to prospective candidates

14th March 2014Deadline for receipt of applications

17th March 2014Interviews with prospective candidates(interviews would be in the morning of the 17th March – please indicate if this would be problematic to attend)

19th March 2014Appointment of independent reviewer confirmed

19th March 2014Publicising the review widely and the process for contacting independent reviewer (to be agreed with reviewer)

March 2014Start of Review work (subject to the views of the independent reviewer we would want this work to start as soon as possible)

References

The name and contact details of two referees for whom the candidate/team has recently worked, preferably within the past three years, are to be provided.

Fees

The Council wishes to agree a fixed price for the work.

Payment for the work will be in three stages: a payment of 10% on signing the contract; a second payment of 40% on presentation of the draft report; and a final payment of 50% on receipt of the final report. Payments will be made on submission of an invoice. (Please refer to Section 4.1 in the draft terms and conditions document supplied with this commission).

Harrow Council is not bound to accept the lowest price.

Selection Criteria

In awarding this work, the Council will consider the balance between the quality of the proposal, the value for money, and the timeframe in which it can be delivered, taking account of the factors listed below and in particular the proposed methodology.

The proposal will be assessed on the following:

  • a demonstrable track record of undertaking high level investigations at local and national levels in the area of Race Equality and/or Institutional Racism in large, complex organisations, in particular organisations such as a local authority,
  • a track record of producing written inquiry reports after a complex investigation into sensitive areas, such as race equality, where the outcomes have been tangible improvements in organisations as a result of the work carried out,
  • demonstrable experience of working in large complex organisations at a senior level - particularly working with,influencingand investigating Senior Officers,
  • demonstrable experience of working in a political environment, and dealing with elected representatives,
  • a person (or team) who has/have a full understanding of best practice in race equality from a wide range of otherorganisations - private, public (local and national) and the Third Sector – and a demonstrable application of this best practice to support improved outcomes,
  • evidence of helpinglarge complexorganisations transformthemselves and improve their approach to raceequality and their relationships with their stakeholders and customers/users, which has led to a tangibleimpact on outcomes,
  • appropriateness of the proposed methodology in terms of securing credible and robust research,
  • feasibility of completing the proposed programme of work to a high quality within the specific timetable,
  • understanding of the need to work closely with the Council throughout the project,
  • satisfactory level of independence in carrying out this work (the Independent reviewer will be required to sign a declaration that confirms the relationshipthey or their team have with the Council's members and senior management),
  • risk mitigation,
  • Quality submission overall and value for money.

Submission of Proposals

Please returnproposal via email to:

Proposals should arrive by 12 noon on Friday 14th March 2014

Reporting responsibilities

The successful candidate / organisation will report to:

Alex Dewsnap, Divisional Director Strategic Commissioning

Confidentiality statement

The information contained in this document and all other information made available at any time to the candidates by and on behalf of Harrow Council is supplied on the basis that the candidates will keep such information confidential at all times and that such information will be used only for the purposes of participating in this process.

Harrow Council rights to change or cancel

No information contained in this document or any other written, oral or other information made available to the candidate shall form the basis of any warranty, representation or term of any contract by the Council with any third party.

The Council does not accept any responsibility or liability for the accuracy or completeness of this document or any other oral or written information provided by the Council to any candidate.

Harrow Council reserves the right not to follow this ITT in any way and/or to withdraw from or amend the procurement process.

Harrow Council reserves the right, without prior notice and in its absolute discretion, to change or terminate the process for the appointing to this work, including requesting additional information, at any time before signing the contract with the successful candidate.

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