Capturing the Value of the Disability Equality Duty Early impact, benefits and lessons learnt across five central government departments Report for the Disability Rights Commission May 2007 Contents 1. Executive Summary ................................................................................ 3 Key research findings .............................................................................. 3 2. Introduction and methodology ................................................................. 7 The Disability Equality Duty (DED) .......................................................... 7 Methodology............................................................................................ 8 3. Main research findings ............................................................................ 9 Prioritised and embedded........................................................................ 9 Leadership of the Duty .......................................................................... 14 Involvement of disabled people and action planning ............................. 18 Evidence base and impact assessments ............................................... 27 Training and implementation ................................................................. 31 Wider objectives .................................................................................... 32 Lessons learnt ....................................................................................... 34 4. Conclusions .......................................................................................... 37 5. Appendix 1 – Interviewees .................................................................... 38 Appendix 2 – Interview guide .................................................................... 39 Interview questions - senior department officials ................................... 39 Interview questions - equality officials in departments ........................... 41 1. Executive Summary This report presents findings from research conducted by the Office for Public Management (OPM) on behalf of the Disability Rights Commission (DRC). The aim of the research was to capture the early indicators of the value of the Disability Equality Duty (DED) in five central government departments and in particular the benefits brought about by departments developing their Disability Equality Schemes (DES). Researchers interviewed twelve government officials ranging from equality officers, directors, directors general across the five departments and the Chief Executive of Jobcentre Plus. Interviews were transcribed, coded and analysed for key themes and findings. Key research findings A higher status for disability equality Interviewees reported that disability equality had risen up the agenda of their department and the fact that the DED is a legislative requirement had proved a useful tool in raising the prominence of disability equality. This new focus on disability equality had happened in an atmosphere of competing pressures around both other strands of the equalities agenda and the core work of the departments. The DED had helped to bring about the following improvements: Led to departments adopting a more integrated approach to disability equality, with these issues being considered more fully in relation to a wider range of departmental policies, strategies and services; Provided a stronger focus for action on disability equality with work around the involvement of disabled people leading to actions being prioritised in the Scheme’s action plans; Led to improved structures and processes for promoting the DED, such as the creation in some departments of Disability Equality Duty Groups which involve senior managers with the role of taking forward the duty across departments. Senior leadership Focused and high level leadership around the DED was viewed as critical to the success of the DED and the implementation of effective schemes. All interviewees reported that leadership at a senior level was essential in responding to, and implementing, the DED within their department. More specifically, leadership on the DED can help: Provide an “emblematic value” to the issue of disability equality as it sent a message to the organisation that disability equality was a priority within the department and government more widely; Enhance the level of commitment from policy colleagues and staff more widely to taking forward the work required under the DED; Bring about practical benefits to the way in which services and policies are implemented, often leading to improved Schemes which managed to secure real changes and benefits for disabled people; Help apply pressure at key moments in the development of the DES to achieve significant policy wins. Involvement of disabled people People that participated in the interviews reported that the DED has improved their department’s involvement of disabled people. A wide range of methods were used to engage with both disabled staff and external stakeholders and disability organisations in the formulation of the DES. The involvement of disabled people led to the following benefits: More disabled people being engaged with policy development earlier in the policy cycle and at a more strategic level within the department; The action plans emerging from the DED reflected the real priorities and needs of disabled people themselves; Enabled stereotypes and prejudices around disability held by staff and the wider department to be challenged; Raised awareness and commitment to further disability equality. Evidence and impact assessments Research participants expressed the view that the DED had led to improvements in how their department had developed its evidence base in relation to disability equality. Mapping work that took place as a result of the DED had enabled an identification of gaps in the data and this consequently had led to changes in how and what evidence was collected. The DED had helped departments: Improve the way evidence was collected and used, with data sets and approaches to monitoring becoming much more focused on disability and progress in this area; Develop a more joined-up approach to developing an evidence base on disability across government departments. Disability Equality Impact Assessments were also considered by research participants to be carried out in more depth and more consistently as a result of the DED. Training and implementation Initial and ongoing training on the DED was considered an essential element of progressing and embedding departments’ work on the DED. Factors which supported the success of training include: The involvement of good speakers from organisations such as the DRC and the Office for Disability Issues in training events; The involvement of senior individuals such as Directors General and Permanent Secretaries which ensured that staff understood that this work was a priority. Helping meet wider objectives Most research participants stated that the gains made under the DED in relation to disability equality were shared more widely within and outside the department. Examples given included: The influence of the DED in ensuring that information had been presented in a more accessible format and this had benefits for non-disabled people as well; Helping the government meet wider targets such as an employment rate of 80 per cent; Encouraging a more cross-departmental approach to disability issues to respond to the requirements of the DED such as exploring opportunities for more joined up approaches to disability equality as well as pooling evidence and information between departments such as DWP and DCLG. Barriers and lessons learnt A number of interviewees felt that the three different Duties relating to race, disability and gender as well as legislation in relation to age, sexual orientation and religion was resource intensive for departments and also created competing pressures. To counter this people we spoke with felt that the early release of guidance and support on how to respond to the Duties was helpful. The main lessons learnt were: Government departments need to allow sufficient time and resources for the involvement of disabled people in developing the DES due to the process of gaining access to a wide range of disabled people who have other priorities in their lives, have limited time and who may already be involved in similar activities; The need to build ownership around the DES amongst all staff within the department, external partners and customers right from the very beginning of the work to ensure successful implementation. 2. Introduction and methodology This report contains the findings of research conducted by the Office for Public Management (OPM) on behalf of the Disability Rights Commission (DRC) into benefits gained and lessons learnt in preparing for the Disability Equality Duty (DED) and the preparation of Disability Equality Schemes (DES) in five central government departments. The central government departments selected were: The Department for Skills and Education (DfES); The Department for Trade and Industry (DTI); The Department for Work and Pensions (DWP); The Department for International Development (DFID); and Communities and Local Government. The research aims to capture the benefits of producing a DES and as such the five government departments selected had produced relatively comprehensive Schemes and are therefore considered to be in a good position to comment on the benefits of complying with the specific DED requirements. As stated, the specific objectives of the research were to assess the gains, positive impacts and lessons learnt resulting from the work conducted by government departments in relation to the DED and in preparing their DES. The report considers the impact and benefits of: the leadership of the DED by senior civil servants; the involvement of disabled people; developing the evidence base and impact assessments; action planning; and the implementation of the DES. The Disability Equality Duty (DED) The DED came into force on the 4 December 2006 and places a legal requirement on public authorities to promote disability equality across the public sector. The DED states public authorities must have due regard to the need to promote disability equality in proportion to its relevance. All public authorities covered by the specific duties must: publish a Disability Equality Scheme (including within it an Action Plan); involve disabled people in producing the Scheme and Action Plan; demonstrate they have taken actions in the Scheme and achieved appropriate outcomes; report on progress; review and revise the Scheme. The DRC has a major role to play in challenging and supporting public bodies in developing and implementing a DES and Action Plan. It has produced sector specific guidance for different public bodies, including guidance for government departments and a number of tailored documents to help bodies with different aspects of DED implementation, such as guidance on involving disabled people, conducting impact assessments and evidence gathering. Methodology The research took the form of a small qualitative study comprising twelve semi-structured interviews with senior individuals such as Equality Officers, Directors, Directors General across five government departments and the Chief Executive of Jobcentre Plus. A full list of interviewees is appended to this report. Interviews allowed the researchers to make links between changes in attitudes and behaviour over time and explore the reasons for these changes. Eight out of the 12 interviews took place face to face with the remaining 4 conducted over the telephone. In some circumstances, interviews were conducted in a group setting with a Director or DirectorGeneral and the relevant Equality Officer or Advisor. The face to face interviews were tape recorded and transcribed. Telephone interviews were simultaneously transcribed. All interview notes were then coded and sorted into an analytical framework allowing the research team to identify key themes and report on findings. 3. Main research findings This section of the report presents the key findings from interviews across the five government departments in relation to the introduction of the DED and the process of drawing up and implementing their DES. Prioritised and embedded Interviewees reported that the introduction of the DED had ensured that disability equality was both prioritised and embedded in the work of their department. Most interviewees felt certain that disability equality had risen up the agenda in their department due to the DED and developing the DES. The DED, in contrast to the Disability Discrimination Act (DDA), has an institutional discrimination focus and this focus on institutions as opposed to individual discrimination was considered especially helpful. The fact that the DED introduced a legislative requirement on departments to promote disability equality at an institutional level is seen by many as a critical lever to ensure disability equality is moved up the agenda both within individual departments and across wider government. “Because the DED is a legislative requirement it’s really got support. The DED impacts across all directorates and so provided a lever for everyone to address their policies and look at where they are now and where they want to be and how can we make things better.” Rosie Purshouse, Mainstreaming Advisor, DfES The DED was seen by some as having the most impact in areas where it’s clearer to make direct links to disability equality such as where agencies are providing a service to the public. “It’s had most relevance to areas like employment relations, consumer law – areas where there’s a direct relevance to individuals. Also in our executive agencies, for example the Insolvency Service, where they’re providing a service to the public and you can monitor the quality of the service they’re providing to individuals – it’s [disability equality] definitely moved up the agenda there.” Nicola Cullen, Project Manager, DTI Some interviewees also felt that although disability equality had risen up the agenda in their department, this was balanced with other pressures and requirements such as other equality strands or business drives. “You’ve got to look at this against other factors that are going on. So for instance there’s a Whitehall wide diversity action plan which is focused more on the internal representation of people at different levels. There’s quite a strong thrust on this. The fact that you have race and gender as well as disability - there’s a collective impact of all of this.” John Alty, Director-General, DTI However, despite competing pressures many interviewees felt the DED had led to a more embedded and integrated approach to disability equality within their department’s work. “The fact that it’s a legal requirement means that people aren’t just thinking about disability if they have a particular personal interest. Everybody is bound by the Duty and we did stress that this goes across our department’s work, it covers procurement, it covers the department as an employer, it covers communication it covers everything that we do and this has been particularly helpful in relation to areas where disability does not seem most obvious.” Teresa Clark, Equality Mainstreaming Team Leader, DfES As a result of the Duty focusing on institutional discrimination, the wide ranging nature of the Duty has enabled departments to think holistically about the work they do and how this relates to disability equality. This has been particularly helpful in areas which may not initially seem directly relevant to disability equality. The process of responding to the Duty has given departments the opportunity to assess what they do in all aspects and capacities and to examine how it relates to disabled people and disabled rights. “I think the scheme has helped in that it has enabled all various parts of the department to look at what they are doing and see if there is anything that has relevance to disability equality issues which they may have done before but not to any great degree. It's an occasion for people to look at what they are doing and see how it affects disability.” Andrew Tindall, Human Rights Advisor, Communities and Local Government In particular, interviewees commented that the DED has provided a focus for action through encouraging specific commitments from directorates and departments and helping staff focus on what the department is trying to achieve as evidenced in departments’ Action Plans. “This isn't an area where one can talk in generalities, you've actually got specific issues and I think that really does concentrate minds.” Susan Scholefield, Director-General, Communities and Local Government This was seen as essential in large complex departments with a number of Executive Agencies and Non Departmental Public Bodies. “In a big complex organisation like ours some people would have greater skill or understanding depending on their job role and experience but particularly in a business that is transforming it helped focus our people on what it’s trying to achieve.” Lesley Strathie, Chief Executive, Jobcentre Plus Reflecting a more integrated and embedded approach to disability equality, many interviewees felt that the DED had promoted awareness of disability equality at an earlier stage in their department’s work including its planning and policy processes. “The DED has highlighted for instance that we need to build it [disability equality] into business planning and we need to look at our impact assessment methodology across the board in order to capture disability impact effectively. So it's alerted the whole way we do equalities; that we need to build it into our processes in all different stages.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government A number of interviewees expressed the view that earlier awareness, consideration and action on disability equality has meant a more integrated and meaningful consideration of disability equality in their department. Further to a more integrated and thorough approach to disability equality, a number of interviewees felt that the DED had created and/or strengthened structures within their department and across government to progress disability equality through the creation of DED groups. “I’m also on the DED group this allows us to share good practice with other government departments.” Rosie Purshouse, Mainstreaming Advisor, DfES Some of these newly created structures facilitated direct access to senior individuals in government for disabled people. “We had a steering group to guide the development of DES. The steering group was comprised of representatives from all the policy areas within the department and disabled people so at least once a month sitting round the table we had representatives from disability groups, such as Disability Equality in Education and the Alliance for Inclusion and leading people in the department having a direct conversation. We also had a representative from the Pakistani community and because this representative sat directly with people that lead the policy on 14-19 year olds they were able to get into quite a detailed practical discussion on how they support this better and refine the policy and make it better. The representative was saying that families can be particularly protective, that there can be double protective issue due to culture and disability and that trying to find provision that was culturally sensitive and accessible was particularly challenging.” Rosie Purshouse, Mainstreaming Advisor, DfES These direct conversations between disabled people and policy leads led to a better understanding of the issues relating to particular policy areas. In particular direct access assisted policy leads and decision makers in their understanding of the complexity and variety of disabled people’s lived experience which helped to dispel myths around disability. Many interviewees made the point that they were not starting from a ‘brownfield’ site and that much work had already been undertaken in their department and across government to improve opportunities for both disabled staff and service users. Interviewees reported that the DED was timely as it built on a significant commitment to disability equality that their department had already evidenced, for example, through their department’s Disability Equality Plans which some had developed. “The commitment to disability equality was evident but the DED has brought more awareness.” Debbie Heigh, Director of Diversity, DWP However, it was broadly agreed that there remains progress to be made to achieve further equality for disabled people and that the DED provided a framework and catalyst for the ongoing commitment and enthusiasm towards disability equality that exists within government departments. “The thing is this is an ever evolving process, we will constantly strive to educate ourselves and our policy colleagues: we are in for the long game. By 2009 DfES won’t have cracked it but we will constantly strive to improve and the DES gives us the framework to do it. We can’t change the world overnight but we’ve asked directorates to identify key policies to work towards. I think the key thing is that we are committed to do this.” Teresa Clark, Equality Mainstreaming Team Leader, DfES The DED was felt to be particularly useful in sustaining an ongoing focus and commitment to disability equality which could otherwise slip down the agenda due to competing pressures. For example, the training delivered to senior managers was seen by one Director as a helpful tool in keeping disability equality at the top of the department’s agenda. In addition, the Secretary of State reporting requirement in 2008 was also seen as a helpful tool in sustaining commitment to disability equality. Leadership of the Duty All interviewees saw senior level leadership as critical to realising the potential benefits and full impact of the DED. Leadership was located at Board level and departments often had a disability champion, usually a Director General or Permanent Secretary, who sat on the Board to oversee the progress of the DED. “We also had a disability champion on the board. It is important that it is the highest powered people within the organisation who are making sure this is happening.” Teresa Clark, Equality Mainstreaming Team Leader, DfES Some interviewees reported that senior level individuals had put themselves forward as disability champions as they had a particular commitment to disability equality and wanted this commitment to be shared by the whole department. In other cases, the Management Board had requested a senior civil servant to serve as their disability champion. “The department’s senior leadership team was involved in how we were going to tackle doing the schemes and ministers were involved in signing the schemes off. There was a significant amount of senior input.” Debbie Heigh, Director of Diversity, DWP “The Management Board recognised leadership needed to come from them. In light of that they have asked for there to be a senior civil servant champion on disability – he will champion taking these issues forward and thread commitment throughout the organisations. Commitment needs to be role modelled from the top of the department.” Kamaljit KerridgePoonia, Diversity Advisor, DFID Senior leadership of the DED was seen as bringing both practical gains to the DES as well as having emblematic value, sending out an unequivocal message that disability equality is important and prioritised within the department. “It sends out a message about where it fits in terms of priorities and incentives.” Richard Montgomery, Head of Corporate Human Resources, DFID “I think with anything that you want to signal as important you need to demonstrate senior leadership . . . diversity is hard, it’s not a quick fix and if you want to get results you need to be in it for the long haul and send a message to senior managers that it’s important.” Lesley Strathie, Chief Executive, Jobcentre Plus Interviewees stated that senior leadership of the DED has led to an enhanced commitment from colleagues in producing the DES. “There is an emblematic value really, to be able to say, ‘Well before we send this through to the Director General can you look at it very carefully’, carries more weight unfortunately then if we said ‘Before we send this to our Equalities Officer’. I think policy colleagues are aware that there is support at the top for this and I definitely think that as a result they went the extra mile for this.” Teresa Clark, Equality Mainstreaming Team Leader, DfES For example, having a Permanent Secretary or Director General leading on the process of developing the DES meant an invigorated response from staff to requests for information such as screening questionnaires. Essentially, senior level leadership is viewed as crucial for ‘making things happen’, for holding managers and policy colleagues to account on the DED and ensuring strong lines of accountability. “I launched my own diversity challenge pledge which was signed by me and my Director of External Relationships at an event with our top 200 leaders and they have taken forward their own individual pledges from that. They will all be held to account on delivery against this by each other and by me. Guidance will be followed through on – if you don’t have senior leadership you have people saying, ‘I don’t understand’ or ‘I can’t do this’ and it doesn’t happen.” Lesley Strathie, Chief Executive, Jobcentre Plus Senior leadership enabled departments to secure the commitment of managers both in the process of drawing up the DES but also in its implementation and ongoing review. Further to managers and staff commitment to the DED, some interviewees felt that senior leadership has led to an improved scheme in their department achieving some significant wins in relation to policy which may not otherwise have happened. “We were chasing some critical changes and at that point we said to our Director that policy areas couldn't agree to it without more senior approval. He raised that with the Permanent Secretary and the Permanent Secretary said, ‘I want you to do it’. So we went back to the policy areas and said we want these big changes and we got them. I like to think that we would have got most of the way eventually but having him pushing it at the final stages meant that we got those last results.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government As a consequence, departments and in particular equality officers have been able to push for services which will make huge differences for disabled people and which had been prioritised by disabled people themselves. “The Scheme would have been ok, it would have been adequate but it wouldn't have delivered the big results that it will [without senior leadership]. For example, with inclusive design we’ve managed to alter the funding stream that goes to the body that we sponsor and they will now undertake a major programme of work on inclusive design.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government One interviewee described the dynamic and impact of senior leadership as “a virtuous circle – you have more commitment in place and also better quality” (Teresa Clark, Equality Mainstreaming Team Leader, DfES). Moreover, senior level commitment to disability equality under the Duty has led in certain cases to changes in policy which support the participation of disabled people in public life. “We also managed to get the Local Government White Paper altered and that really was the Permanent Secretary’s intervention. It was going to Parliament and we wanted to put in changes about engaging with disabled people in the local area and also requiring it as part of what will be measured. We knew those were the changes we were after and we needed him [the Permanent Secretary] in those final stages to tip the balance.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government Leadership from the very top of the departments was considered necessary by many of the interviewees to apply the pressure needed in certain cases to achieve the critical gains that were secured in developing the DED. Lastly, senior level leadership of the DED opened access between senior leadership and Equalities Officers which enabled Equalities Officers to have direct access to senior decision makers within the department. “We had access to him [the Permanent Secretary] and could use that avenue immediately and we did which allowed us to push policy areas further. If we had had to go through more layers it may not have happened in the same way.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government Some interviewees felt this direct access resulted in more advanced and more effective DESs. Involvement of disabled people and action planning Involvement of disabled people was seen as a critical element in the departments’ response to the DED, drawing up their DES and identifying and prioritising actions in the Schemes’ Action Plans. Interviewees expressed their commitment to ensuring the involvement of disabled people was meaningful and ‘real’ and not simply limited to consultation. This often meant involving both internal and external stakeholders at an early stage in the process and being clear about what the purpose of involvement was. “We were careful that it was involvement not consultation. We decided that partly it’s a matter of timing: consultation is going out there and saying ‘Here’s one we made earlier’ whereas involvement is going out there and saying ‘Here’s one we’re going to make, how do you think we should make it?’ That’s the difference.” Teresa Clark, Equality Mainstreaming Team Leader, DfES “The other spin off from the Duty is that we are now much more proactive in involving disabled people in our policy making processes. We ensure the impact of changes are considered before implementation which is a real win for us because there has been a tendency historically to develop policy and then ask key stakeholders to quality assure the process. Involvement is now early in the process and shapes the way forward.” Lesley Strathie, Chief Executive, Jobcentre Plus Many departments showed a dedication to involving a wide range of disabled people, from different backgrounds, areas of expertise and with different impairments. Policy makers, senior officials and equality officers were all part of the drive to involve disabled people in the development of their department’s DES. “We had national and local events; these enabled disabled people to set priorities. There was a clear message that our staff needed more training and so the external involvement of disabled people reached the same conclusion as our internal involvement.” Debbie Heigh, Director of Diversity, DWP In addition, some departments had asked disabled staff to lead on the recruitment of external disabled people and groups which helped secure the involvement of a good spread of disability organisations. Other methods of ensuring a spread of impairment types and experiences included working in partnership with the DRC to gain advice around this and also working with umbrella organisations such as Trade Unions. External involvement Interviewees talked at length about the impact and clear benefits of involving external disabled people in developing their department’s DES. Involvement methods were wide ranging and varied including events, forums and interviews. Most interviewees felt that drawing on the experiences and insights of disabled people led to some very clear messages about what was important to prioritise within the Action Plan and policy responses. “I think we found out that disabled people are the experts – they are the people experiencing these problems in their everyday lives. We can surmise what these problems are but we aren’t actually living that experience so it was really really valuable. Bullying was a key finding in our involvement with disabled people from the disabled children right through to disabled adults who had experienced bullying. That was a key finding and as a result there will be new guidance on bullying for schools and also schools are required to keep a log book of incidents for race and the new guidance may well also encourage schools to keep a log for disability also. We are also speaking to schools about their own disability equality schemes – this is a key action for them – and they need the evidence about disability incidents so they can look at how to reduce it.” Teresa Clark, Equality Mainstreaming Team Leader, DfES Once a priority area had been identified through the involvement of disabled people, officials responsible for co-ordinating the DES were able to present this to policy makers back in their departments to ensure an appropriate policy response could be developed. “Because that event happened in November I was able to take all the priorities those children and young people had voiced and bring them back to policy colleagues and reflect them in the DES, they were there as a priority in the action plan. We brought the finding back to the antibullying team here in the department and they are doing a suite of guidance on different aspects of discrimination, including racist and homophobic bullying and as a result of the very high profile of disability groups involved in this the next volume in this suite is going to be about countering bullying of disabled children.” Teresa Clark, Equality Mainstreaming Team Leader, DfES The involvement of disability organisations and people also had a direct impact on policy decisions within the DES in some cases by raising senior managers’ awareness of the experiences of disabled people. “At some events, senior managers attended from relevant policy areas. At the housing event we had the policy lead for Social Housing and other colleagues and where we were talking about building control we had those senior managers. I believe that by having had those managers attending this encouraged them to agree the Lifetime Homes action so I think there was a direct benefit to having those staff involved.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government Bringing staff and disabled people together was seen as beneficial in educating staff and senior managers about disability related issues and helping some officials to take on board the complex and diverse issues related to disability. “I think the event demystified disability for staff. It enabled disabled people to be seen for who they are, real people with real needs and feelings and not just a group to whom we acknowledge that we must do something for them but what can we do? There are a vast range of disabilities and a vast range of needs.” Rosie Purshouse, Mainstreaming Advisor, DfES Involvement of disabled people challenged some of the myths and stereotypes around disability. “Very often we have long held prejudices and perceptions around what’s good for disabled people – unless you have this involvement you deny yourself the opportunity to be surprised. The Duty has helped us to do it better.” Lesley Strathie, Chief Executive, Jobcentre Plus Some interviewees felt that the Duty and the related involvement of disabled people was helpful in raising awareness amongst staff on disability equality issues which can be particularly challenging to take hold of when focused on delivering a programme of work. “The involvement of disabled people has raised awareness which can be quite a challenge if you're very focused on a programme. Policy areas are learning they need to take account of disability in the early stages.” Susan Scholefield, Director-General, Communities and Local Government Ultimately, many interviewees felt that the involvement of disabled people enabled their department to produce better Schemes which addressed the needs of people with a range of impairments, including learning disabled people. “We decided to produce an Easy Read version of the Scheme and we went down to Cambridge to meet the team, a group of 5 people with learning disabilities and it was such an education to watch how they looked at the text. For example, there was a girl with Down’s syndrome and she said ‘I don’t like that picture’ and I said ‘Why not? And she said ‘Because the man is behind you and that would make me jump’. And it was a real insight into how people with a learning disability may see things. It was really inspirational. From now on we are creating Easy read versions of all our schemes.” Rosie Purshouse, Mainstreaming Advisor, DfES In addition to helping departments identify and prioritise actions and raising awareness amongst staff, a number of interviewees felt that the involvement of disabled people built an ownership of the DES within their department and the wider disability led organisations that had been involved. “I launched our DES in Streatham in December with lots of our disabled customers who have gone from unemployment to successful careers. I’ve had many experiences of launching schemes where people come up afterwards to tell me what’s wrong with it but this was really welcomed. Many people felt involved in the process and therefore had ownership of the scheme. Involving our customers, our people and their networks, and key stakeholders meant all of us were in it together.” Lesley Strathie, Chief Executive, Jobcentre Plus Involvement and shared ownership had created a shared vision of what the Scheme and department was trying to achieve. Furthermore, there is a feeling in some departments that recent involvement has led to more of an ongoing dialogue with disabled people facilitated by the channels of communication being opened with disability organisations. “We’ve opened channels of communication particularly with disabled people’s organisations and children and young people who are now talking to us about policies and say ‘Have you thought about this and have you thought about that?’ And we can feed this back in.” Rosie Purshouse, Mainstreaming Advisor, DfES Interviewees saw the ongoing involvement of disabled people as essential in ensuring their department will meet its aims in the action plan and to further improve the evolving document. “The involvement of disabled people has created a much richer and finessed DES as a result. And of course the ongoing involvement of disabled people will fine tune the actions within the action plan because there may be things we haven’t picked up yet and people might say, that’s very interesting but have you thought about X, Y and Z?” Teresa Clark, Equality Mainstreaming Team Leader, DfES Research participants stressed the need for involvement of disabled people to be properly resourced to ensure it is meaningful and effective. As such, resources to involve disabled people in the future of the DES can often be found in departments’ Action Plans and related budgets. Internal involvement The involvement of disabled staff in the development of the DES often built on existing good practice and involvement within departments. However, the DES offered a renewed emphasis on involvement in policy at a fairly high level which was a change of emphasis for some departments. “Although we did talk to disabled staff through their meetings we had already developed a set of actions with them to improve the employment experience. We could say ‘Ok let's move on from internal issues, are there external policy issues you think should be changed?’ And disabled staff acted as volunteers to provide advice to particular policy areas.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government One of the challenges of this type of involvement was that some more junior disabled staff needed support around engaging at this policy level. “We learnt we need capacity building for disabled staff to be involved at a policy level. A consultant will be brought in to develop our disabled staff network’s capability to participate. There will then be more capacity for people to take part in impact assessments and policy debates.” Kamaljit Kerridge-Poonia, Diversity Advisor, DFID When disabled staff were involved in developing policy the benefits were two fold as it developed the learning of both the individuals and the department. “Disabled staff are often in lower grades – this process allowed them to develop policy so their learning grows as well as the organisations.” Kamaljit Kerridge-Poonia, Diversity Advisor, DFID The most significant benefit of involving disabled staff in the development of the DES was the amount of accurate and relevant information they were able to feed into the process giving the Schemes an added credibility and enabling Schemes to address priorities directly identified by disabled people. “We get better intelligence – what are the issues, what is it really about, rather than assuming or double guessing what the issues are. This was our opportunity to get research based intelligence on what our actions should be and involving disabled people gives it credibility.” Kamaljit Kerridge-Poonia, Diversity Advisor, DFID “I think the biggest impact from the action plan will be the training. This will take time, we have 110,000 staff. The training will make people more aware of disability equality and this will have the most benefit. This was the clearest message which came out of our involvement of disabled people and it is now prioritised in the action plan.” Debbie Heigh, Director of Diversity, DWP Internal involvement also supported departments to prioritise their objectives as in many cases there were very clear messages from disabled staff about what needed to happen. As a result of this involvement departments have now been able to prioritise objectives and related actions in their Action Plan. “The main benefit is that we got from staff the universal view that staff themselves needed more training - this is now reflected in the schemes and prioritised in the action plan.” Debbie Heigh, Director of Diversity, DWP Challenges to involvement Interviewees commented on a number of challenges to involving disabled people in the development of the DES. Most frequently these related to time pressures recognising that meaningful involvement takes both time and resources. In addition, as government departments and other public authorities were developing their Schemes in a similar timeframe, identifying disability groups to work with that had capacity was also challenging. “The first thing is you need to find the people – talking to the DRC about this helped us.” Lesley Strathie, Chief Executive, Jobcentre Plus “We left ourselves with really quite a short amount of time in which to do our stakeholder engagement. We were also quite aware that everybody else was doing this at the same time and there are only so many groups out there that can give you a representative voice.” Nicola Cullen, Project Manager, DTI For some departments, for example those that were not service providers but were creators of policy, stakeholder engagement presented more of a challenge than for others. “There wasn't any model to do it, we are not a service organisation; we don't have direct users so it was difficult to find a technique to engage disabled people.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government A number of interviewees commented that the DRC had been helpful in supporting their approach to engaging with disabled people and organisations. “We worked with the DRC, on involvement that was very helpful, coming up with ideas with us on how to do it and suggesting organisations that we could partner with to use their contacts or work with to organise events.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government Consideration of accessible venues and the involvement of disabled people across the nation presented supplementary issues for departments to address. “Also where do you hold the meeting? We involved over 180 disabled people from Scotland, England and Wales most of whom identify themselves as disabled. We made sure that we interviewed these people in venues that were suitable for them, this included talking to people at a residential training centre.” Lesley Strathie, Chief Executive, Jobcentre Plus For some disabled people with complex communication needs and learning disabilities departments worked in partnership with disability organisations using innovative engagement techniques such as art and drama to ensure a voice was given to a full range of disabled people. “For me the biggest eye opener was the event in November involving disabled children and young people which was convened by Disability Equality in Education. The children there had a range of impairments including profound and complex communication and learning difficulties and the facilitators, who were themselves disabled children and young people, used drama and arts to draw out from participants with diverse communication difficulties their feelings about school. To be there and see how it is perfectly possible to involve people if you give them time, if you have an atmosphere where they know what they say will be listened to it can work.” Teresa Clark, Equality Mainstreaming Team Leader, DfES Evidence base and impact assessments Evidence base Most interviewees felt that the DED had led to improvements in data gathering and developing their department’s evidence base in relation to disability equality. In some circumstances, the work around the DED built on existing good practice in relation to data gathering but made the process more structured and more systematic. “We already have done a great deal of work on our evidence base but the DES is a useful structured way of making sure this happens on a regular basis.” Debbie Heigh, Director of Diversity, DWP Additionally, the DES and other equality schemes highlighted the lack of evidence base in some parts of the departments’ services and programmes. “The DES has highlighted that lack of evidence base and so I think that's helped - the gender scheme has built on the disability scheme and that built on the race scheme to say, ‘look we just don't have enough evidence about these programmes’. So I believe it's now easier to convince the statistics and research people that it's important whereas perhaps a year ago that had been more difficult.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government As a result, work in developing the Duty will lead to improvements in the evidence base through being prioritised in the relevant Action Plans. “The thing is with the DES it shows where we are now but it also shows what mechanisms need to be put in place to get to where we want to be. So, collecting data on disability in schools is a priority and as such is in the Action Plan. This would not have happened, or not have happened so quickly without the Duty. As a result data will improve in the future.” Teresa Clark, Equality Mainstreaming Team Leader, DfES Interviewees gave examples of where their department’s DES has managed to secure some ‘big wins’ in collecting data which will improve services for disabled people in the future. “One of our big achievements in gathering data is that we managed to ensure that Social Housing will have to capture accessibility data on its properties more fully. This data means that disabled people will be able to look for property in social housing in the same way as non-disabled people, with the initial information they need. This has emerged as a result of the Scheme.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government Internally, research participants also cited examples of where research undertaken as part of developing the evidence base for the DED had led to changes in their department’s strategy in collecting information and communicating to staff the reason why this information is collected. “Out of the research came the issue that although we have good monitoring we have a lack of people declaring disability due to a lack of trust. People don’t know how the information will be used. This has now informed our approach to building up trust, getting messages out and explaining why we collect the data.” Kamaljit Kerridge-Poonia, Diversity Advisor, DFID Changes to policies and procedures have been improved for disabled staff as a response developing the evidence base. “One of the issues that came out of our research was the issue of line manager capability around handling disability issues and this will be improved. Disabled staff can now talk confidentially outside their line management about reasonable adjustments. We’ve also identified a specific resource to work on reasonable adjustments and are now a much better organisation in how we deal with this issue.” Kamaljit KerridgePoonia, Diversity Advisor, DFID Furthermore, one interviewee expressed the view that the DED has encouraged a cross-departmental approach to evidence gathering and analysis on disability leading to a more joined up response from government. “Working with DWP on disability is critical because they have the information. So the DED is very timely. It's given a sense of awareness of where the gaps are and the questions we need to ask even though this department may not be the one that drives that particular area.” Susan Scholefield, Director-General, Communities and Local Government Impact Assessments Many interviewees report that the DED has led to a more robust, in-depth and consistent approach to Equality Impact Assessments in relation to disability. “These were sometimes done before but it was not a requirement so this will now happen for every policy. For example, the Skills part of the department has recently just done an equality impact assessment looking at disability, as well as other dimensions of equalities, and it wouldn’t have happened in the same depth without the Duty.” Teresa Clark, Equality Mainstreaming Team Leader, DfES In some cases, carrying out more thorough and effective disability Equality Impact Assessments has led to improvements within departments’ services for disabled service users. Interviewees reported that their departments have involved disabled staff and organisations in the methodology of disability impact assessments to ensure they assess all the different aspects of a policy that is required. “We are looking at a single tool to make sure that it's more than generalities and it's actually informed by the depth of experience of involving disabled staff and external disabled people in developing it.” Susan Scholefield, Director-General, Communities and Local Government There is recognition that creating a multiple assessment tool is challenging and careful attention needs to be given to ensure disability equality is properly addressed. However, the added benefit is the reduction of multiple assessments which may encourage managers to use them. “The appeal is that people won’t have to do multiple assessments for different equality strands, but the actual practicality of doing that in a way that is meaningful is not quite so easy. But that is the goal we are seeking to achieve.” Susan Scholefield, Director-General, Communities and Local Government Some interviewees also described how disability impact assessments are becoming mainstreamed into their department’s work as part of wider drives towards better policy making. “It fits into an initiative called ‘better policy making’. The way we think about this is assessing the impact policies will have on business and individuals. The work that we’ve done on the DES will sit within the better policy making team, which is one way we’ll try to mainstream it – it’s something that’s very important to people in DTI and part of their day-today work.” John Alty, Director-General, DTI Training and implementation In terms of implementing the DES, interviewees were of the view that initial and ongoing training for staff in relation to disability equality and the DED was an important prerequisite. Training ranged from lunchtime seminars, events and tailor made e-learning packages rolled out to all staff within the department. “We view the DES as just the start, we are arranging ongoing training. We recently organised an event where we had young disabled people speaking to policy colleagues and the feedback from that was tremendous. It was a real eye opener for them.” Rosie Purshouse, Mainstreaming Advisor, DfES Securing good speakers and attendance at events by senior individuals such as permanent secretaries were identified by some interviewees as being contributory success factors to training on the DED. “We organised a number of lunchtime seminars. There was standing room only for many of them because the DRC was there and the Permanent Secretary as well as some really good speakers.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government Training acted as both an information giving mechanism to ensure staff understood what the DED meant in legislative terms but also gave the opportunity for staff to ask questions and share ownership in the delivery of the department’s DES. “We went through the process in flagging the changes in legislation in making sure everyone knew what was expected of them – we equipped people to discuss the challenge and understand what was being asked of them.” Lesley Strathie, Chief Executive, Jobcentre Plus Specifically some interviewees felt that the training their department had put on had led to more awareness about equality impact assessments and would encourage a wider use of them in the future. “Everyone has received training including senior officials. This consisted of an introductory session from line managers on the Duty and an elearning package for everyone to complete. The biggest benefit has been raising the awareness of disability equality for staff and particularly around impact assessments. I definitely hear people talking and considering impact assessments much more often.” Debbie Heigh, Director of Diversity, DWP Furthermore, as a result of training and involvement of disabled people, one advisor felt that staff would be more inclined to involve disabled people in the design and process of a disability equality impact assessment. “As a result of an event like that we would expect that for example when people are doing an equality impact assessment they would be talking to and involving disabled people in the policy process from the start.” Rosie Purshouse, Mainstreaming Advisor, DfES Wider objectives A number of interviewees felt that the positive gains made for disabled staff, customers and service users under the DED would be shared more widely amongst non-disabled people. “It’s not about doing something that gets in the way of what we’re trying to do, but thinking about how you can achieve what you’re trying to achieve effectively. So for example by making information more accessible you’re improving the service for everyone, achieving the purpose the information was designed for, if it’s not accessible you haven’t achieved your objective.” John Alty, Director-General, DTI One official gave a clear example of how improving accessibility for children and young people actually benefits the wider population. “By making things better for disabled children and young people you also make provision better for everyone else. I suppose the ramp is the obvious example, where there’s a premises officer clearing snow off steps and a child in a wheelchair says ‘Why don’t you clear it off the ramp and then we can all go in?’ Also, bigger classrooms so they are more wheelchair friendly are better for everybody.” Teresa Clark, Equality Mainstreaming Team Leader, DfES One government department is also looking to use the DED and related processes as a model of embedding ‘equalities proofing’ at a departmental policy level. “We are seeking as a department to embed this through the use of the new Equalities Programme Executive. When a major departmental policy is at its formative stage we can say to that policy area ‘these are the critical equalities issues we want you to consider’.” Susan Scholefield, Director-General, Communities and Local Government A number of interviewees commented that stepping up to the DED and the work that had gone into disability equality in their department was essential in meeting their wider objectives. For example, in meeting the government’s target on employment rates. “It’s fundamental to our objectives to support people to change their lives and to promote work for those who can work. The government has set itself a target employment rate of 80 per cent and there’s no chance of achieving this if we don’t address the needs of our disabled customers.” Lesley Strathie, Chief Executive, Jobcentre Plus There is a sense that the work government departments have done in developing their DES has developed a wealth of practical experience as well as a vision of what works in approaching disability equality which can be built on in cross-government work on equality issues. Work around the DES has also enhanced cross-governmental work between departments such as DCLG, DWP and ODI on disability equality. “The other challenge is this cross-government aspect and working with the ODI and DWP to deliver change. We will be using their expertise, for example DWP's employment information.” Susan Scholefield, DirectorGeneral, Communities and Local Government Lastly, the DED has provided the opportunity for some departments to exhibit a renewed and ongoing commitment and passion to delivering disability equality which exceeds compliance with legislation. “We are going beyond compliance with the law and saying what we can really deliver and from the DES we've learnt that you can deliver more if you're really determined. You can use those legislative requirements to push harder, we know that we can get a better result if we know what we are after and we use all our resources and commitments. I think there's more of a passion about delivering real results.” Sheila Fletcher, Diversity Policy Manager, Communities and Local Government Lessons learnt Research participants identified a number of ‘lessons learnt’ from developing the DES. Many interviewees warned against underestimating the time required to develop the DES and involve disabled people. “The main lesson for me would be you’ve got to start early, particularly around involvement.” Nicola Cullen, Project Manager, DTI Building ownership of the DED within the department was seen as critical in ensuring the benefits of the DED were fully realised. “It’s important to engage and excite people early in the process rather than allowing this to be seen as another piece of legislation.” Lesley Strathie, Chief Executive, Jobcentre Plus “Getting people to ‘own’ the Scheme is a big and ongoing thing. There’s no point in going through this process if you don’t ‘live it’ – and a large organisation has to put quite a lot of work into making sure the right levels of ownership for each of the actions are there, and we’ve certainly put a lot of effort into this in going forward.” John Alty, Director-General, DTI The strategy of embedding the DED as part of making better policy and in securing the delivery of the department’s objectives was seen by one interviewee as a useful tool in embedding work around disability equality. “We’re making the job part of a ‘business as usual’ directorate and creating a centre for expertise for equality as part of Better Policy Making and reporting on whether the actions have been achieved.” John Alty, Director-General, DTI Lastly, a number of interviewees commented that if Commissions take a partnership approach to working with departments in their response to the Duties then this is likely to be more conducive to achieving results and realising positive benefits under the legislation. “Commissions are enforcers but should also see themselves as partners. Taking a more partnership approach on how to deliver on difficult areas is very helpful and it would be helpful if the new Commission developed this approach.” Kamaljit Kerridge-Poonia, Diversity Advisor, DFID A partnership approach was preferred as opposed to departments feeling that the legislation is driven solely by compliance which led to some interviewees feeling they could be ‘tripped up’ on the process but not the substance. The DRC was felt by a number of interviewees to have achieved this collaborative approach to working with positive outcomes. “We felt the DRC was much more outcome focused, in that they weren’t saying exactly what the end product should be, and apart from telling us about involving stakeholders they weren’t too prescriptive about the process – it was the end product they wanted, which was a different approach, and more helpful.” Nicola Cullen, Project Manager, DTI 4. Conclusions From the interviews a clear picture is formed that the DED has led to a higher status for disability equality within the selected five government departments. Work on disability equality is now more integrated in the departments’ work and fuller consideration to disability equality is given in policy development. The DED has enhanced the involvement of disabled people in the work of the government departments and the policies and services they deliver. It was considered that the involvement of disabled people has also led to better quality Schemes. Senior leadership and training for staff were identified as critical factors to the success of driving forward the work of the DED. Many interviewees also considered that responding to the requirements of the DED was helping their department to meet its wider objectives such as targets on employment rates. 5. Appendix 1 – Interviewees Andy Tindall, Human Rights Advisor, Communities and Local Government Anne Copeland, Human Resources Director, DfES Debbie Heigh, Director of Diversity, DWP John Alty, Director-General, DTI Kamaljit Kerridge-Poonia, Diversity Advisor, DFID Lesley Strathie, Chief Executive, Jobcentre Plus, DWP Nicola Cullen, Project Manager, DTI Richard Montgomery, Head of Corporate Human Resources, DFID Rosie Purshouse, Mainstreaming Advisor, DfES Sheila Fletcher, Diversity Policy Manager, Communities and Local Government Susan Scholefield, Director-General, Communities and Local Government Teresa Clark, Equality Mainstreaming Team Leader, DfES# Appendix 2 – Interview guide Interview questions - senior department officials Context 1. Has disability equality moved up the agenda of your department as a result of the DED? If yes, please give 3 specific examples. Leadership 2. Was there senior level involvement in developing the Scheme? If yes, can you identify 3 specific benefits of having senior level leadership in relation to developing and supporting the department's Scheme? Involvement - internal 3. Do you think that involving disabled staff in developing your Disability Equality Scheme was beneficial? If yes, in what way? (please give 3 specific examples) Involvement - external 4. Do you think that involving external disabled people in developing your Disability Equality Scheme was beneficial? If yes, in what way? (please give 3 specific examples) 5. Did involving external disabled people increase the understanding of senior officials within your department about disability equality issues? Evidence 6. Before your department started work on your Disability Equality Scheme, would you say that the evidence base you had about disability equality in terms of employment, services and policy areas was: Very Good Good Average Fair Poor 7. Has the DED prompted your department to improve its evidence base around disability equality? If yes, please give specific examples. 8. Would you now say that, having developed your Disability Equality Scheme, the evidence you have about disability equality, overall, is: Very Good Good Average Fair Poor Impact Assessment 9. Can you identify any specific improvements your department has made to policies and practices because of disability equality impact assessments? Action Planning 10. What is your favourite action in the action plan and why? Implementation 11. Since work began on your Disability Equality Scheme, have senior officials received any training? If yes, what benefits did these officials and the department get from the training? 12. Do you think that ongoing involvement of disabled people will help your department to achieve its actions in the action plan? If yes, please give 3 specific examples. 13. Do you think that the focus on improving disability equality has helped (and will continue to help) your department to meet its wider objectives? If so, can you provide some more information about this [i.e. relevant departmental objectives, and PSAs targets]? Interview questions - equality officials in departments Context 1. Can you identify 3 specific changes to how your department deals with disability equality issues, since the DED came into force? 2. Has disability equality moved up the agenda of your department as a result of the DED? If yes, please give 3 specific examples. 3. Did the new duty help you to raise the profile of disability equality within your department? If yes, in what way? Leadership 4. Were senior managers involved in the development of your Disability Equality Scheme? If yes, can you identify 3 specific benefits of senior management being involved in the department's Scheme? Involvement - internal 5. Can you identify 3 specific benefits of having disabled staff involved in the department's Scheme? 6. Were there any challenges to involving disabled staff, how did you overcome them and what were the benefits your department gained as a result? Involvement - external 7. Has external involvement of disabled people increased officials understanding of disability equality issues? If yes, please give 3 specific examples. 8. Did the external involvement of disabled people help your department to prioritise work and actions in your department's Disability Equality Scheme action plan? If yes, please give 3 specific examples. 9. Has external involvement of disabled people influenced your department to change any existing policies and practices, which might not have happened before the DED? If yes, please give 3 specific examples. 10. Were there any challenges to involving disabled people externally, how did you overcome them and what were the benefits your department gained as a result? Evidence 11. Before your department started work on your Disability Equality Scheme, would you say that the evidence base you had about disability equality in terms of employment, services and policy areas was: Very Good Good Average Fair Poor 12. Please give 3 specific examples of how the DED has improved your department's approach to policy-making. 13. Please give 3 specific examples of how the DED has improved your department's approach to measuring progress, in terms of employment, services and policy areas. 14. Please give 3 specific examples of how the DED has enabled your department to identify barriers faced by disabled people and to overcome these. 15. Would you now say that, having developed your Disability Equality Scheme, the evidence you have about disability equality, overall, is: Very Good Good Average Fair Poor Impact Assessment 16. Have disability equality impact assessments enabled your department to pro-actively check existing and proposed policies and practices for adverse impact? If yes, please give specific examples. 17. Have disability equality impact assessments enabled your department to pro-actively check existing and proposed policies and practices for missed opportunities? If yes, please give specific examples. 18. Can you identify 3 specific improvements your department has made to existing policies and practices because of a disability equality impact assessment? 19. Can you identify 3 specific improvements your department has made to proposed policies and practices because of an equality impact assessment? Action Planning 20. Can you identify 5 actions in your action plan, which will have a significant impact on disabled people, and which you cannot be confident would have happened, if you had not been developing a Disability Equality Scheme? 21. What is your favourite action in the action plan and why? 22. Can you identify those actions identified as a result of external involvement of disabled people? Implementation 23. Since work began on your Disability Equality Scheme, have officials received any training? If yes, what benefits did these officials and the department get from the training? 24. Do you think that ongoing involvement of disabled people will help your department to achieve its actions in the action plan? If yes, please give 3 specific examples. 25. Do you think that the focus on improving disability equality has helped (and will continue to help) your department to meet its wider objectives? If so, can you provide some more information about this [i.e. relevant wider departmental objectives and PSA targets]?