REPORT TO: Council of Governors MEETING DATE: 13 May 2014 SUBJECT: Equality Delivery System (EDS2) - Review AGENDA ITEM: 16 PRESENTED BY: Denise Needle, Deputy Director Workforce (Development) DATE PREPARED: 30 April 2014 FOR: Information and consultation BACKGROUND The 2010 Equality Act requires public bodies and those carrying out public functions to: “Have due regard for the need to eliminate unlawful discrimination, harassment and victimisation; to advance equality of opportunity; and to foster good relations between people who share a protected characteristic and those who do not” The original 6 Acts forming UK Equality Legislation have been brought together with some changes and additions as the Equality Act 2010 which became law in October 2010 and covers individuals and groups with the following protected characteristics: Age Disability Gender Re-assignment (Trans) Race Religion or Belief Gender (Sex) Sexual Orientation Marriage and Civil Partnership * Pregnancy & Maternity * * New to 2010 One part of the Equality Act 2010 is the Public Sector Equality Duty, and this applies to all public bodies and others carrying out public functions. The three aims of the Equality Duty are to: 1. Eliminate unlawful discrimination, harassment and victimisation 2. Advance equality of opportunity between people who share a protected characteristic and people who do not share it 3. Foster good relations between people who share a protected characteristic and people who do not share it. The Equality Duty is supported by specific duties that require us (as a public sector body) to publish information (annually) on how we comply with the Equality Duty. Using the Equality Delivery System (EDS) outcomes, the Trust is required to set and deliver on a number of equality objectives to improve services to patients and the community and opportunities to staff. 1 A. The Equality Delivery System (EDS) The Trust has now signed up to the national EDS2 – which involves a revision of the first EDS against a new set of outcomes. Please see appendix A for our initial review. We are currently working to finalise our next set of objectives, as follows; 1. Hard to reach groups – develop understanding of who, where and what the issues are, which the Trust could address. Seek support and help of Health Watch 2. Disabled staff – implementation of Disability Day Pledges and further exploration of issues with staff and other stakeholders 3. Black and minority ethnic staff – further exploration of issues raised by the staff survey, with staff and other stakeholders 4. Use new EPR to understand/analyse equality data in patient areas not previously possible to further identify issues/areas for action. B. Consultation process We have undertaken a series of consultation events with patients, staff and other key stakeholders over the last few months, including an on line survey and lunch-time sessions in Timeout restaurant. SUMMARY The Council of Governors is therefore asked to review the evidence in Appendix A, and confirm that the proposed draft objectives represent a true reflection of the equality and diversity needs of Trust, as outlined by the evidence review. Denise Needle Deputy Director of Workforce (Development) 30th April 2014 Page 2 of 7 APPENDIX A Equality Delivery System 2 – Evidence Review 1. Outcome Evidence Services are commissioned, procured, designed and delivered to meet the health needs of local communities Positive Evidence for EDS2: 2012/13 – the percentage of total complaints by ethnicity roughly corresponds with the percentage of patient episodes of care by ethnicity. WSH Complaints Annual Report 2012/13 “The provider had arrangements to promote effective care for people receiving care and treatment, who were also living with dementia….This meant that staff had improved access to advice and support to improve the experience of the service for those people living with dementia.” CQC Inspection Report August 2013 - Care and Welfare of People Who Use Services: People should get safe and appropriate care that meets their needs and supports their rights. Proposed grading: Achieving 2. Individual people’s health needs are assessed and met in appropriate and effective ways Negative Evidence for EDS2: JSNA – Recommendation 10. There are specific groups who may have difficulty in accessing facilities and initiatives which aim to improve health, for reasons such as language, cultural belief or disability. Particular attention needs to be given to address the needs of these groups, for example, through outreach projects. Suffolk Joint Strategic Needs Assessment Positive Evidence for EDS2: 2012/13 – the percentage of total complaints by ethnicity roughly corresponds with the percentage of patient episodes of care by ethnicity. WSH Complaints Annual Report 2012/13 “The provider had arrangements to promote effective care for people receiving care and treatment who were also living with dementia….This meant that staff had improved access to advice and support to improve the experience of the service for those people living with dementia.” CQC Inspection Report August 2013 -Care and Welfare of People Who Use Services: People should get safe and appropriate care that meets their needs and supports their rights. Alerts system in place for learning disability and dementia to help flag these areas to staff for people with additional needs. WSH EDS 2013 Review: Equality and Diversity Objectives Action Plan 3 3. Learning disability liaison nurse appointed. WSH EDS 2013 Review: Equality and Diversity Objectives Action Plan The Patient Experience Committee audits and surveys. WSH EDS 2013 Review Proposed grading: Achieving Transitions from one service to another, for people on care pathways, are made smoothly with everyone well-informed Positive Evidence for EDS2: Effective Discharge Planning Team in place. Complex discharges involve the multidisciplinary team and external partners. WSH EDS 2013 Review Proposed grading: Achieving 4. 5. When people use NHS services their safety is prioritised and they are free from mistakes, mistreatment and abuse Proposed grading: Achieving Screening, vaccination and other health promotion services reach and benefit all local communities Proposed grading: Achieving 6. People, carers and communities can readily access hospital, community health or primary care services and should not be denied access on unreasonable grounds Positive Evidence for EDS2: Dr Foster Hospital Guide December 2013 named West Suffolk Hospital as Trust of the Year 2013 for the Midlands and East of England Region. WSH recorded lower than expected death rates and demonstrated that it delivers the same quality care at weekends as during the week. Dr Foster Hospital Guide December 2013 Comment It is not the primary function of acute trusts to provide these services which are generally provided via primary and community providers. The trust screens and vaccinates its own staff as required by their employment and achieves this through the Occupational Health Service. Positive Evidence for EDS2: Month on month patient/carer surveys are used to maintain or make further improvements to accessing the Trust services. For example, car parking and areas for 20 minute waiting have been improved. Senior clinical and HR staff attended and made pledges at a county wide Disability Involvement Event in 2013. WSH EDS 2013 Review Proposed grading: Achieving 7. People are informed and supported to be as involved as they wish to be in decisions about their care Positive Evidence for EDS2: Learning difficulties and those with dementia (generally older people). Trust specific Equality objective has been met, with evidence of patients being informed and supported in their diagnoses and decisions about their care, especially those patients with Learning difficulties and those with dementia. WSH EDS 2013 Review Proposed grading: Achieving 8. People report positive experiences of the NHS Proposed grading: Achieving 9. People’s complaints about services are handled respectfully and efficiently Positive evidence for EDS2: WSH Patient Experience Questionnaires show high levels of satisfaction with all the areas surveyed. The data is collected anonymously so it is impossible to analyse by protected characteristics. There were no comments in the questionnaires that indicated unfavourable treatment resulting from an individual having a protected characteristic. WSH Patient Experience Survey 30/10/13 to 22/1/14 Positive evidence for EDS2: 100% of complaints received in 2012/13 were acknowledged within three working days - West Suffolk NHSFT Complaints Annual Report 2012/13 Page 4 of 7 Proposed grading: Developing Fair NHS recruitment and selection 10. processes lead to a more representative workforce at all levels. Proposed grading: Achieving 11. Training and development opportunities are taken up and positively evaluated by all staff Proposed grading: Achieving 12. The NHS is committed to equal pay for work of equal value and expects employers to use equal pay audits to help fulfil their legal obligations Proposed grading: Achieving 13. When at work, staff are free from abuse, harassment, bullying and violence from any source Proposed grading: Developing 85% of complaints were addressed within the first written response, which is above the Trust’s target of 75%. West Suffolk NHSFT Complaints Annual Report 2012/13 Eight complaints were referred to the Parliamentary and Health Service Ombudsman in 2012/13. The PHSO did not instigate any further investigations although the Trust was asked to review and send further apologies for two of the complainants. West Suffolk NHSFT Complaints Annual Report 2012/13 CQC Standard Complaints: People should have their complaints listened to and acted on properly. Provider met this standard – comments and complaints people made were responded to appropriately. Care Quality Commission – Inspection Report August 2013 Positive evidence for EDS 2: Independent audit of Trust’s Recruitment and Selection processes with regard to applications from overseas established that there was no evidence of discrimination at any stage of the process although resulting successful applicants were not as diverse in their race or religion as in the number of applicants overall. WSH EDS 2013 Review Positive evidence for EDS2: Training and development opportunities are routinely evaluated for all staff groups and no evidence was found of staff reporting that they have fared less well as a result of a protected characteristic. Junior Doctors Induction Survey 2013, Preparing for Professional Practice Evaluation 2013 A high percentage of staff (range 78 -85%) of staff report receiving job-relevant learning or development in the past 12 months – National Staff Survey 2012 Positive evidence for EDS2: All staff, and therefore all protected groups, have nationally determined and locally agreed equal pay and related terms and conditions. The Trust is fully engaged with staff and unions and any potential or perceived unfairness in relation to pay and conditions are fully investigated with subsequent feedback to those concerned. WSH EDS Positive evidence for EDS2: Significantly less black and minority ethnic staff experiencing physical violence from patients relatives or the public in last 12 months than other staff with protected characteristics – National Staff Survey 2012 Both the Grievance and Bullying and Harassment policies were updated in line with staff engagement concerns in May 2013. Communication about the role and further recruitment of staff advisors was rolled out across the Trust. WSH EDS 2013 Review Negative evidence for EDS2: Significantly more disabled staff experiencing harassment, bullying or abuse from staff in last 12 months – National Staff Survey 2012 Around double the amount of staff aged 31-40 and 51+ reported they experienced discrimination at work in the past 12 months by comparison with staff aged 16-30 and 41-50. National Staff survey 2012 Page 5 of 7 14. Flexible working options are available to all staff consistent with the needs of the service and the way people lead their lives Positive evidence for EDS2: Trust can demonstrate through ESR and staff rostering data as well as staff engagement that all staff have the opportunity of a range of flexible working, that are consistent with the needs of patients. WSH EDS Proposed grading: Achieving 15. Staff report positive experiences of their membership of the workforce Proposed grading: Developing Positive evidence for EDS2: Consensus across age ranges (89-94%), gender (89-92%), disability (89-92%) that the trust provides equal opportunities for career progression or promotion - National Staff Survey 2012 Relatively consistent levels of job satisfaction across age ranges, gender, disability and ethnic background (3.40 – 3.73) – National Staff Survey 2012 Relative consistency in recommendation of trust as a place to work or receive treatment across age ranges, gender, disability and ethnic background (3.58 – 4.23 – National Staff Survey 2012 Negative evidence for EDS2: Significantly less black and minority ethnic staff than white staff believe the trust provides equal opportunities for career progression or promotion (83-92%) – National Staff Survey 2012 Significantly more black and minority ethnic staff report experiencing discrimination at work in the last 12 months than white staff (21-9%) – National Staff Survey 2012 Generally disabled staff at the lower (positive) and higher (negative) end of scale for measures of job satisfaction, recommending trust as a place to work/be treated, experiencing discrimination etc – National Staff Survey 2012 16. Boards and senior leaders routinely demonstrate their commitment to promoting equality within and beyond their organisations Proposed grading: Achieving Positive evidence for EDS2: Trust Board engages with equality issues through the Annual Equality Report discussion and action. 17. Papers that come before the board and other major committees identify equalityrelated impacts including risks, and say how these risks are to be managed. Positive evidence for EDS2: The front sheet of all Board papers will be amended to incorporate this aspect. Proposed grading: Developing Page 6 of 7 18. Middle managers and other line managers support their staff to work in culturally competent ways within a work environment free from discrimination. Proposed grading: Developing Positive evidence for EDS2: Consensus across age ranges (89-94%), gender (89-92%), disability (89-92%) that the trust provides equal opportunities for career progression or promotion - National Staff Survey 2012 Relatively consistent levels of job satisfaction across age ranges, gender, disability and ethnic background (3.40 – 3.73) – National Staff Survey 2012 Relative consistency in recommendation of trust as a place to work or receive treatment across age ranges, gender, disability and ethnic background (3.58 – 4.23 – National Staff Survey 2012 Negative evidence for EDS2: Significantly less black and minority ethnic staff than white staff believe the trust provides equal opportunities for career progression or promotion (83-92%) – National Staff Survey 2012 Significantly more black and minority ethnic staff report experiencing discrimination at work in the last 12 months than white staff (21-9%) – National Staff Survey 2012 Generally disabled staff at the lower (positive) and higher (negative) end of scale for measures of job satisfaction, recommending trust as a place to work/be treated, experiencing discrimination etc – National Staff Survey 2012 Potential sources of evidence surveyed 1. Care Quality Commission – Intelligent Monitoring Report: Report on West Suffolk NHS Foundation Trust 21 October 2013 – no evidence for EDS2 2. Care Quality Commission – Inspection Report August 2013 3. West Suffolk NHSFT 2012 Staff Survey 4. West Suffolk NHSFT Complaints Annual Report 2012/13 5. NHS Choices Website – 21 patient reviews – no evidence for EDS2 6. WSH Annual Report and Accounts (including Quality Accounts) 2011/12 – no evidence for EDS2 7. Joint Strategic Needs Assessment for Suffolk 2011 8. WSH Patient Experience Questionnaires 30/10/2013 to 22/1/2014 9. WSH Equality Delivery System 10. EDS 2013 Review 11. Dr Foster Hospital Guide 2013 12. WSH Junior Doctors Induction Survey 2013 13. WSH Preparing for Professional Practice Evaluation 2013 (new foundation doctors) February 2014 Page 7 of 7