EQUALITY DELIVERY SYSTEM
(EDS2)
Proposed Implementation Plan
June 2017
Author: BinaSaini:Equality, Diversity and Inclusion Lead
Recipient: Integrated Quality Committee
Date: June 2017
BIRMINGHAM AND SOLIHULL MENTAL HEALTH NHS FOUNDATION TRUST
June 2017
EDS2 PROPOSED IMPLEMENTATION PLANExecutive Summary
Over recent years, there have been significant changes in health and social care regulations such as CQC registration requirements, Equality Act (2010), NHS constitution and the Human Rights Act. These pieces of legislation and statutory duties aim to tackle inequalities and drive improvements in service delivery. The Trust has a legal duty to promote equality and diversity and to ensure that everyone - patients, public and staff have a voice in how we are performing and where we should improve.
Background
The Equality Act (2010)
The Equality Act (2010) sets out when it is unlawful to discriminate and harass a person and it gives rights to our service users, carers and employees to raise complaints regarding discrimination. The law protects people from discrimination on the grounds of so called ‘protected characteristics’ (age, disability, gender re-assignment, marriage and civil partnership, pregnancy and maternity, race including nationality and ethnic origin, religion or belief, sex and sexual orientation).
The Public Sector Equality Duty (PSED)
Section 149 of the Equality Act (2010) requires us to demonstrate compliance with the “Public Sector Equality Duty” (PSED) which places a statutory duty on the Trust to address unlawful discrimination. The remit of PSED is very broad and covers decision-making, policy development, budget setting, procurement and employment functions.
The Equality Duty has three aims. It requires public bodies to have due regard to the need to:
- Eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Act;
- Advance equality of opportunity between people who share a protected characteristic and people who do not share it; and
- Foster good relations between people who share a protected characteristic and people who do not share it.
The Equality and Human Rights Commission is responsible for monitoring and enforcing the PSED of the Equality Act (2010), failure to comply with the PSED may result in enforcement actions. EDS2 is a part of our commissioning contract and we are required to submit the annual return to the commissioners in the beginning of November every year. Care Quality Commission (CQC) will also monitor the equality aspect of our service delivery.
Purpose of Report
This report proposes an implementation plan to re-launch the Equality Delivery System (EDS2) which entails of four EDS2 Goals and 18 Outcomes. The implementation of the EDS2 will help the Trust achieve compliance with the Equality Act (2010), PSED, NHS Outcomes Framework (2010), the NHS Constitution (2010), and the CQC’s Essential Standards of Quality and Safety (2010).
EDS2
The aim of EDS2 is to improve services for people who belong to vulnerable and protected groups. The objective is to assess health inequalities and provide better working environments, free of discrimination, for people who use and work in, the Trust.
EDS2 will support Birmingham and Solihull Mental Health Foundation NHS Trust to deliver better outcomes for patients and communities and better working environments for staff, which are personal, fair and diverse. The implementation of EDS2 supports our strategic objectives to promote equality throughout the planning, development and delivery of our services whilst appreciating and respecting the diversity of our local community and workforce embracing the inclusion agenda.
The EDS2 is a tool for both current and emerging NHS organisations, in engagement with patients, staff and the public. The tool enables the Trust to review equality performance and identify future priorities and actions.
At the heart of the EDS2 framework is a set of 18 outcomes grouped into four goals. In order to explore these outcomes further all organisations are to undertake a self-assessment (Appendix 1). These outcomes focus on the issues of most concern to patients, carers, communities, NHS staff and Boards. It is against these outcomes that performance is analysed, graded and action determined.
The four goals are highlighted below:
For each EDS outcome, there are four grades, and a RAG rating, to choose from:
Excelling
People from all
protected groups fare aswell as people overall / Achieving
People from most
protected groups fare as well
as people overall / Developing
People from only some
protected groups fare aswell as people overall / Undeveloped
People from all protected
groups fare poorly compared
with people overall OR
evidence is not available
Implantation Plan
Action Required / Responsibility
Task and finish group to be formed / Equality and Diversity Lead
Self-assessment to be conducted with heads of service or nominated leads / All nominated leads
EDS2 goals to be Identified
- 2 goals focussing on service improvement
- 2 goals focussing on workforce
Action plan to be developed once goals have been established. / All nominated leads
Action plan to be reviewed annually / All nominated leads
EDS2 action plan and progress to be published annually / Equality and Diversity Lead
Data Analysis
For each of the EDS2 outcomes selected to audit, we are required to produce evidence demonstrating:
- Analysis of service delivery or workforce data by protected groups
- Evidence of engagement with the protected groups;
- Evidence of equality being included in the governance and business plan
- Evidence of action plans for the areas that require improvements.
EDS2 Engagement and Objective Setting
The Trust recognises that people have a right to be actively involved in decisions that affect their lives and wellbeing. Involving people encourages and empowers them as individuals and as communities. Engagement is the process of getting the public involved in the decisions about them in a sustained way. This includes planning, developing and managing services as well as activities that aim to improve health or reduce health inequalities. The Trust understands engagement is not consultation. Consultation is occasional and one-off explorations of patient, community and staff views on a particular topic, whereas the Trust’s engagement commitments will ensure a sustainable long term relationship with all of our stakeholders, staff, service users and carers.
Engagement is an intrinsic part of the EDS2 framework and encourages genuine qualitative and quantitative engagement with patients, volunteers, staff, public members, governors and local interest groups which are protected under the Equality Act. Through effective engagement The Trust will gather evidence for analysing its equality performance and setting priorities. Feedback from service users with protected characteristics can be obtained through patient stories, patient surveys and through engagement with our Community engagement Team.
Whilst identifying the four goals for EDS2 it is important the equality data (Appendix 2) and staff survey results aretaken into account alongside other equality and diversity projects which are currently underway, highlighted below.
Projects / Required by / DATE / Responsibility
Gender pay gap analysis and plan / CCG / June 2017
Legal requirement to publish data by2018 / Equality and Diversity Lead
Workforce Race Equality Standard (WRES) data and action plan / CCG
NHS England / June 2017
1st August 2017 / Equality and Diversity Lead
Stonewall Submission 2017 / Stonewall / 1st September 2017 / Equality and Diversity Lead
Workforce Disability Equality Standard (WDES) action plan / CCG / No later than 31st March 2019 / Equality and Diversity Lead
Equality Objectives
The re-launch of EDS2 will provide the Trust with an opportunity to review the current equality objects and to include all 9 protected characterises, allowing a more joined up approach but at the same time focussing on two or three key issues in order to achieve real results.
In summary the Trust current equality objectives are as follows:
Priority / Why it’s important
1)To improve the experience and progression of BME staff across the organisation / On-going challenge – this is an area where there should be more progress, but this is not supported by the evidence. If we make progress on this, it can enhance the belief that the trust is an equitable employer. There are higher levels of bullying and harassment reported by BME staff, which does indicate that the experiences of some staff within the organisation are not in line with trust values.
2)To improve outcomes and experiences for BME service users / Treatment patterns are inequitable as are reported outcomes for BME service users and measures such as use of restraint. BME service users report poorer experiences of treatment. As demographic of Birmingham becomes increasingly diverse – it is more likely that our services will be increasingly reflective of this demographic – and therefore increases the imperative that we excel in providing services for this client group.
3) To improve the monitoring of staff/service users by protected characteristics / Not able to fully understand how the trust is experienced by other protected characteristics. The ability of good quality data information will enhance the trust’s ability to make effective strategic, fair and equitable decisions
APPENDIX 1 - EDS2 SELF ASSESSEMENT TEMPLATE
APPENDIX 2 –ANNUAL EQUALLITY MONITORING REPORT 2016