PAPER NO. 02-407 WANDSWORTH BOROUGH COUNCIL EXECUTIVE – 20TH MAY 2002 GENERAL PURPOSES COMMITTEE – 21ST MAY 2002 Report by the Chief Executive and Director of Administration on the proposed initial Race Equality Scheme 2002-05 as required under the Race Relations (Amendment) Act 2000 SUMMARY The Race Relations (Amendment) Act 2000 places on public authorities a general duty to promote race equality both through the provision of services and as an employer. The Government’s stated aim is to make race equality a central part of the way public authorities work by putting it at the centre of policy making, service delivery and employment practice. Under the Act, the Home Secretary has issued an Order which sets out specific duties for public authorities. The Order empowers the Commission for Racial Equality (CRE) to publish a statutory Code of Practice on the promotion of race equality. The draft Code of Practice requires public authorities to publish a Race Equality Scheme by 31st May 2002. This report sets out the Council’s proposed initial Scheme for public consultation. The final Code of Practice is expected from the CRE before 31st May 2002. Recommendations 1. The Executive are asked to recommend the Council:- (a) to approve the initial Race Equality Scheme 2002-05 embodied in this report and the associated documents, as required under the Race Relations (Amendment) Act 2000; (b) to publish the Scheme for consultation with the aim of a report back in the latter part of this year; and Page 1 of 62 Race Equality Scheme (c) to agree that the Scheme be included in the group of plans, strategies, etc., that together form the Council’s budget and policy framework, for which responsibility is shared between the Council and the Executive. 2. The General Purposes Committee are asked to recommend the Council to endorse the recommendations to the Executive insofar as the Scheme relates to the Council as an employer, as addressed more specifically in paragraphs 6 to 9 and 30 to 39. Introduction 3. The Commission for Racial Equality’s draft statutory Code of Practice requires local authorities to publish a Race Equality Scheme (RES) by 31st May 2002. A Race Equality Scheme must be for a 3-year period. Local authorities are required to assess all of their functions for relevance to the new general duty to promote race equality and to describe their procedures for assessing the adverse impact of a proposed policy on racial minority groups. In addition, the arrangements for service monitoring, consultation, access to services, the publishing of information and staff training must be shown. Schools and other educational institutions also have specific duties. Local authorities with at least 150 full-time staff are required to monitor and analyse by racial group: grievances, disciplinary action, performance appraisals (when they lead to benefits or penalties), training and staff leaving the authority. The employment analysis must be published every year. The purpose of this report is to seek approval to an initial RES to be used both as an action plan and for consultation. Background The Race Relations (Amendment) Act 2000 (RR(A)A 2000) – The compilation and publication of a Race Equality Scheme 4. The Council is obliged to compile, publish and consult on a RES. The Scheme must show how the Council plans to meet its statutory duties under Section 71(1) of the Act and, in particular, Sections 2(2) and (3) of the Race Relations Act (Statutory Duties) Order 2001, as follows:- Section (2) – A Race Equality Scheme shall state, in particular – (a) those of its functions and policies, or proposed policies, which that person has assessed as relevant to its performance of the duty imposed by Section 71(1) of the Race Relations Act; and (b) that person’s arrangements for – (i) assessing and consulting on the likely impact of its proposed policies on the promotion of race equality; (ii) monitoring its policies for any adverse impact on the promotion of race equality; Page 2 of 62 Race Equality Scheme (iii) publishing the results of such assessments and consultation as are mentioned in sub-paragraph (i) and of such monitoring as in mentioned in sub- paragraph (ii); (iv) ensuring public access to information services which it provides; and (v) training staff in connection with the duties imposed by Section 71(1) of the Race Relations Act and this Order. Section (3) – Such a person shall, within a period of three years from 31st May 2002, and within each further period of three years, review the assessment referred to in paragraph (2)(a). The CRE’s draft statutory Code of Practice on the duty to promote race equality 5. The draft Code of Practice reflects the general duty above, requiring the RES to include the following (the final Code of Practice, together with other expected guidelines was awaited at mid-May 2002):- (a) The functions and policies (including proposed policies) that are relevant to their performance of the general duty. This list must be reviewed every three years. The CRE recommend that each function is examined separately in respect of the three parts of the general duty, i.e. eliminating discrimination, promoting equality of opportunity and promoting good race relations. They also recommend that each function is given a priority in terms of its relevance to race equality. It is accepted that many technical functions will have little or no race equality implications. The Council’s response is set out in paragraph 14 below. (b) The arrangements for assessing and consulting on the likely impact of proposed policies. The Council’s response is set out in paragraphs 17 to 21 below. (c) The arrangements for monitoring functions and policies for any adverse impact on the promotion of race equality. The Council’s response is set out in paragraph 15 below. (d) The arrangements for publishing the results of any assessments, consultation and monitoring undertaken to identify any adverse impact on race equality. The Council’s response is set out in paragraphs 18 to 22 below. (e) The arrangements for ensuring that the public have access to information and the services provided. Page 3 of 62 Race Equality Scheme The Council’s response is set out in paragraphs 22 below. (f) The arrangements for training key staff in connection with the general duty to promote race equality and any specific duties. The Council’s response is set out in paragraphs 23 below. Council employment 6. In addition to the above, the Act places a specific duty on local authorities regarding employment. This duty does not apply directly to schools and further education higher education institutions. The main duty rests with local education authorities (LEAs), with schools providing their own staffing data (to the LEA). Employee monitoring 7. Sections 5(1), (2) and (3) of the Race Relations Act (Statutory Duties) Order 2001, state the following:- Section 5 (1) – A person to which this article applies shall:- (a) before 31st May 2002, have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (2) (see sub-paragraphs (a) and (b) below); and (b) fulfil those duties in accordance with such arrangements. Section 5 (2) – It shall be the duty of such person to monitor, by reference to the racial groups to which they belong:- (a) the number of:- (i) staff in post; and (ii) applicants for employment, training and promotion, from each such group; and (b) where that person has 150 or more full-time staff, the numbers of staff from each such group who:- (i) receive training; (ii) benefit or suffer detriment as a result of its performance assessment procedures; (iii) are involved in grievance procedures; (iv) are the subject of disciplinary procedures; or Page 4 of 62 Race Equality Scheme (v) cease employment with that person. The Council’s response to the employment statutory duty is set out in paragraphs 30 to 39 below. Schools 8. Sections 3(1), (2) and (3) of the Race Relations Act (Statutory Duties) Orders 2001 place specific duties on governing bodies of schools to:- Section 3 (1) – Before 31 May 2002, (a) prepare a written statement of its policy for promoting race equality; and (b) have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (3) (see Section 3 (3) below). Section 3 (2) – Such a body shall, (a) maintain a copy of the statement; and (b) fulfil those duties in accordance with such arrangements. Section 3 (3) – It shall be the duty of such a body to, (a) assess the impact of its policies, including its race equality policy, on pupils, staff and parents of different racial groups, including, in particular, the impact on attainment levels of such pupils; and (b) monitor, by reference to their impact on such pupils, staff and parents, the operation of such policies, including, in particular, their impact on the attainment levels of such pupils. Action taken by the Director of Education on this aspect is detailed in paragraph 13 below. The Council’s long established approach to race equality in service delivery and as an employer 9. The Council has a long established and successful race policy and associated programmes. The detailed monitoring based on the racial background of staff commenced in 1978. Equality in the Council’s employment has been the subject of an annual report to committee since 1978. In 1985, the first corporate annual report on race equality in service delivery was submitted to committee by the Chief Executive and Director of Administration. Annual reports have continued up until the present time. The most recent annual report (combining both equality in Council employment and in service delivery) Paper No.