7 March 2018
Dear Council Leader
Disabled people are amongst the most disadvantaged residents of your authority; they are members of half the households living in poverty, two in every three uses of food banks and almost half of them are not in work. Disability Rights UK are the hosts of a national campaign funded by Comic Relief called “I can make it.” It seeks to use the leverage of public sector procurement by including contract clauses on inclusive recruitment and retention in major contracts with the aim of favouring the employment prospects of disabled applicants.
On 20 March 2018 we will be holding a “pledgeathon” at which we will be asking Local Authorities to commit to promoting the employment of disabled workers through their procurement processes. The event takes places at the offices of the Financial Times at One Southwark Bridge in London between 10am - 4pm. And we would be delighted if you were able to join us. The pledge can be made in person on the day, digitally or in advance and may be subject to conditions.
In addition to attending the event and making a pledge we would be grateful if your authority could confirm whether it has used its procurement powers in this way to date and the result obtained to assist us in developing our campaign.
Legal Obligations
Our campaign is underpinned by the requirements of the Public Sector Equality Duty which requires Local Authorities and other public sector bodies to have due regard equality outcomes in everything they do including in procurement. The Equality and Human Rights Commission have produced very helpful guidance on how to mainstream equality considerations in the procurement process entitled Buying Better Outcomes.
Positive action to support particular groups disadvantaged in the labour market is supported by the Social Value Act of 2012 which permits wider social considerations to be taken into account than simply value for money in the performance of the contract. The 2013 Treasury Green book which sets out the rules for the awarding of contracts also sets out a permissive legislative framework that includes consideration of improved outcomes for disabled people. Precedent for this approach was provided in the awarding of contracts by LOCOG in delivering the Olympic and Paralympic Games in 2012.
In addition, the European Procurement Directive and the subsequent UK Public Contracts Regulations 2006 provides that social issues, including equality issues, may be taken into consideration in the different stages of the procurement process.
The benefits of promoting diversity through procurement
There is a business case for disability in terms of company loyalty by staff or brand loyalty by customers. There is also a business case for diversity in having more perspectives on problems or strengthening the challenge to group think that can inhibit innovation. There is an opportunity too for the council in terms of reducing demand on council services and for business in resolving the skills shortages exacerbated by the decision to leave the European Union. We are sure that you would be keen to maximise these benefits.
Resources
Disability Rights UK has produced a number of resources to support those bidding for tenders in carrying out baseline audits of their workforce, advising on appropriate target setting and the process of supporting disabled recruits to fulfil the tasks of the job and their own potential. We can also help with peer to peer support, mentoring and dissemination of best practice.
Reply
We look forward to hearing from you as to whether you are able to attend the event on 20 March and to make a pledge. We also look forward to learning about the experiences of your authority in this area to date. Please confirm your attendance by e-mailing or calling 0330 995 0400 and provide details of your own procurement practices to our research and engagement officer
Yours faithfully
Kamran Mallick
CEO
Disability Rights UK