THE RACE EQUALITY DUTY AND THE STATUTORY THREE YEAR REVIEW

PURPOSE
This circular provides guidelines and an assessment template for the statutory three-year review of the list of functions, policies and proposed policies which have relevance to the duty to promote race equality contained in NPD and NPS Race Equality Schemes.

Probation Circular
REFERENCE NO: 21/2005 ISSUE DATE: 22 March 2005 IMPLEMENTATION DATE: Immediate EXPIRY DATE: 30 June 2005 TO: Chairs of Probation Boards Chief Officers of Probation Secretaries of Probation Boards CC: Board Treasurers Regional Managers Regional What Works Managers AUTHORISED BY: Roger McGarva, Head of Regions and Performance ATTACHED: Annex A (CRE Guidance note) Annex B (CRE Assessment Template)

ACTION
Chief Officers are asked: • to ensure that their Race Equality Schemes are reviewed in line with the guidance provided by the Commission for Racial Equality by the requisite deadline of May 31 2005. • to forward a copy of the revised documentation to Marg Harris at the address below, by the end of June 2005.

SUMMARY
In order to comply with the Race Relations Amendment Act (RR(A)A), the National Probation Service must review their Race Equality Schemes including their list of functions, policies and proposed policies.

RELEVANT PREVIOUS PROBATION CIRCULARS
N/A

CONTACTS FOR ENQUIRIES
Marg Harris, Head of Diversity, Tel: 0207 217 8609 Marjorie.Harris2@homeoffice.gsi.gov.uk

National Probation Directorate
Horseferry House, Dean Ryle Street, London, SW1P 2AW General Enquiries: 020 7217 0659 Fax: 020 7217 0660

Enforcement, rehabilitation and public protection

Background Chief Officers are asked to ensure that their Race Equality Schemes (RESs) are reviewed in line with the guidance and assessment template provided by the Commission for Racial Equality for the statutory three year review of the list of functions, policies and proposed policies which have relevance to the duty to promote race equality contained in National Probation Directorate and National Probation Service Race Equality Schemes. The deadline for returns is May 31st 2005 and a copy of the revised documentation should be forwarded to NPD. The Race Relations Amendment Act (RR(A)A) require all listed public authorities subject to the specific duty to carryout a statutory review i.e. review their list of functions, policies and proposed policies for relevance to the general statutory duty every three years. The rationale for reviewing this list is to help ensure a listed public authority, effectively mainstreams race equality into its core business arrangements. To comply with the RR(A)A NPD and NPS will, as a minimum, be required to review their list of functions, policies and proposed policies. In addition, subject to time constraints, it would be advisable to consider whether the current RES meets organisation requirements. The high level priorities in race relation issues for NPD and NPS for 2005/06 are: • • • To carry out an impact assessment of action plans relating to offender management Continuous improvement of ethnic monitoring systems for staff, offenders and victims using the 16 + 1 Census categories, referred to in the Commission for Racial Equality’s Ethnic Monitoring Guide Review and evaluate the human resource function to ensure that arrangements as required under the employment monitoring duty are put in place. Monitor for disproportionality and if required take remedial action. Work towards becoming an employer of choice, and aim towards greater representation of black and ethnic minority staff at senior levels within the organisation Implementation of strategies to achieve comparability and improvement of service delivery to black and ethnic minority offenders Development of a national strategy for hate crime

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PC21/2005 – The Race Equality Duty and the Statutory Three Year Review

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THE RACE EQUALITY DUTY1 AND THE STATUTORY THREE YEAR REVIEW All listed public authorities2, subject to the specific duty to prepare and publish a Race Equality Scheme (the Scheme) are required to review their list of functions, policies and proposed policies for relevance to the general statutory duty every 3 years. The purpose of this specific duty to review this list is to ensure that: • there are proper arrangements in place for effective implementation of the Scheme, • your Scheme is kept up-to-date and relevant to your business. Deadline for review • England, Wales & Scotland: for those authorities that were required to publish a Race Equality Scheme (RES) by 31st May 2002, the deadline is 31st May 2005. • Scotland only: for listed authorities in Scotland that were required to publish a RES by 30th November 2002, the deadline for review is 30th November 2005. What is the list of relevant functions and policies? • When preparing its first Scheme, a listed public authority was required to produce a list of its functions, policies and proposed policies3 and assess which of those were relevant to race equality and the general statutory duty. • Section 71(1) of the Act requires public authorities to have ’due regard’ to the general statutory duty in carrying out their functions. This means giving appropriate weight to: - eliminating unlawful discrimination, - promoting equality of opportunity, and - promoting good race relations when carrying out functions and implementing policies. The rationale for producing this list is to help ensure a listed public authority effectively mainstreams race equality into its core business and implementation arrangements. By going through this process a public authority should identify all aspects of its business that are relevant to race equality, and by determining how each aspect is relevant, can put appropriate measures in place to achieve real equality on racial grounds. To fulfil this responsibility the list of relevant functions, policies and proposed policies should have been prioritised in terms of their respective degree of

COMMISSION FOR RACIAL EQUALITY GUIDANCE NOTE

The race equality duty refers to the General Statutory Duty under s.71(1) of the Race Relations Act 1976, as amended, and the rd various specific duties that have been introduced by Parliament, since 3 December 2001, by way of statutory instruments, to assist listed public authorities to better perform their General Statutory Duty. 2 All public authorities listed in Schedule 1A to the Race Relations Act 1976, as amended, and remain in the Schedule, are subject to the General Statutory Duty under s.71(1) of the Race Relations Act 1976, as amended 3 A definition of function’ and ‘policy’ can be found in the glossary of the CRE’s Statutory Code of Practice on the Duty to Promote Race Equality or on the website at http://www.cre.gov.uk/duty/reia/glossary.html#top

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relevance to race equality. This should have determined the nature and scope of the actions laid out in the Scheme and its action plan. • The implementation of the Scheme and the action plans over the past three years will have provided the authority with the evidence and experience upon which to judge whether or not its original prioritisation and assessment had been effective, i.e. whether the consideration of the relevance of its different functions had been properly carried out.

What should we do to review this list of functions and policies? What does the 3-yearly review involve? 1. You should review your existing list of relevant functions, policies and proposed policies to ensure it is properly reflective of your organisation and business, and give attention to any of your duties or powers which may have changed, if your organisation has restructured in the past 3 years, or if your remit has changed. 2. To achieve this you should review progress made to date in implementing your Scheme. You could consider, for example, the following questions: • Have you established adequate systems for monitoring the impact of your existing relevant functions and policies? • Are you systematically monitoring the impact of high priority functions and policies on the promotion of race equality? • Have you identified disproportionality and taken adequate steps to address this? • Have you improved access to key services for all ethnic groups? • Does the evidence show you have properly judged relevance? (This is not an exhaustive list of things you could consider but provides some examples.) The reason for reviewing progress to date is that you probably need to revise your Scheme’s action plan and carry forward some planned activities into the next three year period, to ensure you are meeting the general statutory duty. 3. Identify any new functions and policies that have been introduced in the last 3 years and make sure you have assessed these for relevance to the general statutory duty. If not, you should carry out this assessment and add those functions and policies that are relevant to your existing list. As these new policies should have been assessed for relevance and race impact when they were introduced, the Scheme should be revised to ensure that it has provided the mechanisms to ensure such procedures are carried out in future. 4. Identify any proposed functions and policies that you expect to introduce over the next 3 years as you will need to assess their relevance to the general statutory duty. 5. Produce a collated list of functions and policies (existing, recently adopted, proposed, forthcoming) and prioritise according to the degree of relevance to the

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three strands of the general statutory duty. You may wish to refer to the Commission’s Guide for Public Authorities on the duty to promote race equality for further advice (which includes an example of an ‘assessment for relevance’ grid) to assist you through this process. 6. Revisit the Scheme and its action plan and make sure it is reflective of the revised assessment of your functions and policies. 7. You should make sure you include any procured functions or policies – in other words those that have been contracted out to an external supplier. You, as the listed public authority, remain responsible for that public function, and remain responsible for meeting the general statutory duty in relation to it. See the Commission’s Race Equality and Public Procurement Guides for further information. http://www.cre.gov.uk/publs/cat_duty.html#procure The same principle applies to any functions and policies that are delivered through partnership arrangements – see the Commission’s Public Authorities and Partnerships Guide. http://www.cre.gov.uk/publs/cat_duty.html 8. As part of this listing process you may find helpful to add any relevant details for each function, policy or proposed policy. For example, you could add details of the Director or Manager responsible for the operation and implementation of the policy, whether the policy operates externally and/or internally, and whether any baseline data has been collected and analysed concerning that policy’s affect on different racial groups. Adding this detail will help demonstrate progress, ensure proper accountability and assist colleagues in taking action when race impact assessing proposed policies, or monitoring existing policies for adverse impact. 9. Publish your new list of relevant functions, policies and proposed policies. (If you decide not to fully review and revise your Scheme, then you should publish your new list of relevant function, policies and proposed policies as an addendum to your current Scheme.) What other steps should we be taking? Nearly 3 years on since the specific duties became enforceable public authorities need to be able to demonstrate that they have: • Adequate systems in place to monitor the impact of their functions and policies; • Developed procedures to ensure that all proposed policies that have a relevance to race equality are subjected to a race equality impact assessment, including consultation, to determine their likely impact on promoting race equality; • Increased access to the information that they provide to the public • Increased access to the services that they provide, especially those ranked as highly relevant to the general statutory duty. • Provided role-specific training to staff on the general statutory duty and relevant specific duties; • Published annual reports in line with their employment duty – detailing ethnic monitoring data of staff and specified employment practices;

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Published reports on their impact assessment, consultation and monitoring activity, in line with the arrangements set out in their Scheme; And be reviewing action plans to assess what progress has been made in implementing their Scheme and the general statutory duty over the last three years.

Do we have to review and republish our Race Equality Scheme? • Although there is no statutory requirement to revise and republish your Scheme every 3 years, you should regularly be reviewing progress being made in implementing your Scheme. Reviewing your whole Scheme should be integral to the review of functions and policies for relevance to the general statutory duty. • Your Scheme should be a ‘living document’ reflecting your current and future plans for implementing the race equality duty and therefore, like any business plan or strategy should be monitored, reviewed and revised on a regular basis. • We recommend that you review your whole Scheme as part of the statutory 3 year review, and revise, update and republish your Scheme on a 3 yearly basis. What will happen if we don’t meet the deadline? • As stated above the requirement to review your list of relevant functions, policies and proposed policies by 31st May 2005 (in England and Wales), and by no later than 30th November 2005 (in Scotland) is a statutory requirement. This requirement is set out under articles 2(3) and 2(4) of the Race Relations Act (Statutory Duties) Order 2001, and its Scottish equivalent (articles 2(3) and 2(4) of the Race Relations Act 1976 (Statutory Duties)(Scotland) Order 2002) respectively. • Therefore, your authority has a legal obligation to meet its statutory duties. • The Commission does not have the power to grant extensions to this deadline or give permission to any authority to ignore the deadline. • If you fail to meet the deadline you run the risk of compliance action being taken against your authority. What about Schools, Colleges and Universities (FE and HE institutions)? There is no equivalent statutory requirement placed upon schools, colleges and universities to conduct a review every 3 years. However educational institutions do have a duty to prepare and maintain a Race Equality Policy, and fulfil its duties and arrangements. In practice this means schools, colleges and universities should be able to demonstrate: • How the review and maintenance of their Policy is built into their action plans • How progress in meeting the commitments set out in their Policy will be measured • How actions, past and present, will result in positive outcomes such as raising attainment levels of pupils from different racial groups, reducing disparities in exclusion rates, improving equality in admissions and participation in FE and HE institutions and better recruitment and retention of staff.

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Commission for Racial Equality Assessment Template
For Race Equality Schemes and the
Employment Duty
February 2005

Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________

Introduction • This template is for internal use only. It should be used in conjunction with our Statutory Code of Practice on the Duty to Promote Race Equality, the non-statutory guidance and other advisory and guidance material that has been published in relation to the race equality duty – s.71(1) of the Race Relations Act 1976, as amended (the Act) and the related Orders (see below) – and general good practice. It should be noted that there is currently no case law on what would constitute compliance under the Race Relations Act 1976 (Statutory Duties) Order 2001, the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002, the Race Relations Act 1976 (Statutory Duties) Order 2003, or the Race Relations Act 1976 (Statutory Duties) Order 2004 (the Orders). The CRE has sought legal advice and also used its own expertise in this area to develop this template, and to train assessing officers accordingly. This assessment template has been developed by the Legal Services & Enforcement Directorate of the CRE in conjunction with policy colleagues. External users should note that they might not use the same assessment criteria as our trained assessors, nor have the two-tier checking assessment procedure that the CRE employs. Any results that an external user may achieve on using this template may therefore be different from those reached by the CRE. Only the CRE can take enforcement action in relation to non or partial compliance with the Orders. This template is also a living document, since as the CRE learns more about the race equality duty and following any court decisions, our benchmarks may need to be revised.

Objectives of template • • To ensure a consistent CRE approach to identifying non or partial compliance with the specific duty to publish a Race Equality Scheme as required by the Orders. To provide a standard framework for providing comments to authorities on their Race Equality Schemes in relation to both compliance issues as well as innovative / good practice examples.

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________ Background legal information: s.71(1) of the Act: the relevant legislation has, on occasion, been paraphrased in order to make it more amenable to assessors: General Statutory Duty – ‘Every body or other person specified in Schedule 1A or a description falling within that Schedule shall, in carrying out its functions, have due regard to the need a) to eliminate unlawful racial discrimination; and b) to promote equality of opportunity and good relations between persons of different racial groups’. Race Equality Scheme Duty – articles 2(2) & 2(3) of the Race Relations Act 1976 (Statutory Duties) Order 2001 or articles 2(2) & 2(3) of the Race Relations Act 1976 (Statutory Duties) Order 2003 or articles 2(3) & 2(4) of the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 or articles 2(2) & 2(3) of the Race Relations Act 1976 (Statutory Duties) Order 2004 state: a) A Race Equality Scheme shall state, in particular – 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 that person’s arrangements for – i) ii) iii) iv) v) vi) Assessing and consulting on the likely impact of its proposed policies on the promotion of race equality; Monitoring its policies for any adverse impact on the promotion of race equality; Publishing the results of such assessments and consultation … and of such monitoring; Ensuring public access to information and services which it provides; Training staff in connection with the duties imposed by section 71 (1) of the Race Relations Act 1976 and the appropriate Order. Within a period of three years from 31st May 2002 (2001 Order) or 31st May 2004 (2003 Order) or 31st May 2005 (2004 Order) and every three years thereafter (England & Wales) or ‘by no later than 30th November 2005’ (Scotland) … review the assessment of functions for relevance to the General Statutory Duty.

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________ Employment Duty – articles 5(1), 5(2) & 5(3) of the Race Relations Act (Statutory Duties) Order 2001; articles 4(1), 4(2) & 4(3) of the Race Relations Act 1976 (Statutory Duties) Order 2003; and articles 5(1), 5(2) & 5(3) of the Race Relations Act (Statutory Duties) (Scotland) Order 2002 state: a) A person to which these article(s) apply shall: (i) Before 31st May 2002 (2001 Order) or 31st May 2004 (2003 Order) or 31st May 2005 (2004 Order) or 30th November 2002 (2002 Scotland Order), have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under articles 5(2) (2001 Order) or 4(2) (2003 Order) or 3(2) (2004 Order) or 5(2) (2002 Scotland Order), and fulfil those duties in accordance with such arrangements. (ii) It shall be the duty of such a person to monitor, by reference to the racial groups to which they belong, the numbers of: (iii) Staff in post. Applicants for employment, training and promotion from each such group, and where that person has 150 or more full-time staff, the numbers of staff from each such group who: Receive training. Benefit or suffer detriment as a result of its performance assessment procedures. Are involved in grievance procedures. Are the subject of disciplinary procedures. Cease employment with that person.

Such a person shall publish annually the results of its monitoring under article 5(2) (2001 Order) or 4(2) (2003 Order) or 3(2) (2004 Order) or 5(2) (2002 Scotland Order).

b) Under article 4 of the 2001 & 2002 Orders, and article 3 of the 2003 Order, certain education related public authorities - and the National Assembly for Wales in the 2003 Order - are required to have in place arrangements for monitoring staff, and in certain cases job applicants also, by racial group across specified categories, and to take reasonably practicable steps to publish this data on an annual basis. When considering the race equality scheme and employment duty arrangements of any of the bodies cited in appendix 1 to this template, assessing officers should pay particular attention to these authorities’ additional employment monitoring duties in the articles cited directly above.

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________

Name of public authority & Order that applies: PART 1: ASSESSING FUNCTIONS AND POLICIES, AND PROPOSED POLICIES FOR RELEVANCE TO THE PERFORMANCE OF THE GENERAL STATUTORY DUTY: Minimum standard for compliance The authority’s arrangements in this regard include: • • • • • A prioritised list of the authority’s functions and policies, and proposed policies that appears to cover all those functions and policies that are relevant to the General Statutory Duty. The questions, tool(s) and evidence that the authority used in developing this prioritised list, and that these relate to all three strands of the General Statutory Duty. Inclusion in the action plan of the timescales and responsibilities for the actual review of the prioritised functions and policies. A commitment to undertake the statutory 3-year race equality review of their functions and policies, and proposed policies. The arrangements for meeting this specific duty are reflected in this part of the authority’s action plan, and include details of the actions itself, and how, when, and by whom they will be completed - for example dates of actual review of authority’s different functions and policies. Insert Y/P/N1 Comments

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Y = Yes/Fully; P = Partially; N; No/No evidence

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________ Examples of innovative / good practice: E.g. evidence of proportionality being applied; evidence of stakeholders being consulted; list includes procurement and partnerships.

PART 2: ASSESSING AND CONSULTING ON THE LIKELY IMPACT OF PROPOSED POLICIES ON PROMOTING RACE EQUALITY: Minimum standard for compliance The authority’s arrangements in this regard include: • • 1. 2. 3. 4. 5. The authority’s impact assessment and consultation tool, and preferably also guidance on using that tool. The authority’s impact assessment and consultation tool or process includes the following elements: A screening process. Questions to enable the policy writer to consider the research and evidence that are relevant to the proposed policy. Examples of data and research sources to be considered when screening and undertaking a full impact assessment, for example information from the Census 2001. Details of how the authority will consult formally on the proposed policy, including consultation methods and groups to consult with. Details of how the authority will deal with adverse impact that has been identified through the impact assessment, and how they will decide whether to adopt the policy or not. Insert Y/P/N Comments

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________ 6. Details of how the authority will implement the agreed policy, including perhaps other means of implementation, for example a pilot implementation. 7. Details of how the authority will monitor, review and evaluate the policy post-implementation. 8. Details regarding publishing assessment and consultation results. • • The authority’s arrangements enable impact assessment and consultation results to be fed in to the policy development and reporting process. The arrangements for meeting this specific duty are reflected in this part of the authority’s action plan, which include details of the actions itself; and how and by whom they will be completed.

Examples of innovative / good practice: E.g. evidence of how the impact assessment and consultation process has been mainstreamed into the authority’s standard policy making processes, business planning; any quality assurances systems; integration of access to information and services criteria into the authority’s impact assessment arrangements.

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________

PART 3: MONITORING EXISTING POLICIES FOR ADVERSE IMPACT ON THE PROMOTION OF RACE EQUALITY: Minimum standard for compliance The authority’s arrangements in this regard include: • • • • • • • • The monitoring system(s), for example IT, that they use to monitor their service delivery and employment practices by ethnicity. The different function and / or policy areas that the authority has ethnic monitoring systems in place. Where no system exists to ethnically monitor relevant functions / policies, adequate arrangements to address these gaps are still set out, with realistic deadlines for remedying these gaps. The internal structures and teams that the authority has for the periodic collation and analysis of both their service delivery and employment data. What success measures / monitoring criteria the authority have in place for measuring their race equality performance. The different monitoring methods – consultation, statistical quantitative analysis, qualitative analysis and so on – that the authority uses to gather and analyse data. Details of what it will do when its monitoring data presents adverse impact. An indication of how their monitoring of existing functions and policies relate to their list of functions and policies which have been assessed for relevance to race equality.
Insert Y/P/N

Comments

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________ • The arrangements for meeting this specific duty are reflected in this part of the authority’s action plan, which include details of the actions itself; and how, when, and by whom they will be completed.

Examples of innovative / good practice: E.g evidence of monitoring system that enables the identification of differential impact on all racial groups, including, for example, Gypsies & Travellers; ethnic monitoring arrangements linked appropriately with the authority’s other relevant monitoring arrangements.

PART 4: PUBLISHING THE RESULTS OF ASSESSMENTS, CONSULTATIONS AND MONITORING: Minimum standard for compliance The authority’s arrangements in this regard include: • • • Details as to how often they will publish the results of their assessments, consultation and monitoring. Details as to the different publication / communication methods that the authority will employ to disseminate and make available equally accessible results. That these three respective sets of results – impact assessment, consultation and monitoring should include the points partially outlined under paragraph 4.34 of the Statutory Code of Practice on the Duty to Promote Race Equality.
Insert YP/N

Comments

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________ • The arrangements for meeting this specific duty are reflected in this part of the authority’s action plan, which include details of the actions itself; and how, when, and by whom they will be completed.

Examples of innovative / good practice: E.g. proactive practice in relation to translating results of assessments, consultation, and monitoring results into the languages spoken with the authority’s local area / customer base.

PART 5: ENSURING PUBLIC ACCESS TO INFORMATION & SERVICES: Minimum standard for compliance The authority’s arrangements in this regard include: • Details of the information and services that they presently provide (this may be apparent from the authority’s list of functions and policies that they have assessed as relevant to the General Statutory Duty). Summary details of how they currently make these services and information accessible. Details of how the authority identifies a) the information and service experiences of those they serve, contract with, or regulate; and b) the information and service needs of these various communities.
Insert Y/P/N

Comments

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________ • • Details of the process that the authority will follow when they have identified barriers to equitable access to information and services. Details of how accessibility questions / criteria are integrated into the authority’s review, impact assessment and monitoring arrangements. The arrangements for meeting this specific duty are reflected in this part of the authority’s action plan, which include details of the actions itself; and how, when, and by whom they will be completed.

Examples of innovative / good practice: E.g. methods used to promote and ensure improved access i.e. outreach or specialist services, linkworkers; details of how accessibility questions / criteria are integrated into the authority’s review, impact assessment and monitoring arrangements.

PART 6: TRAINING STAFF IN RELATION TO THE GENERAL STATUTORY DUTY & THE APPROPRIATE ORDER: Minimum standard for compliance The authority’s arrangements in this regard include: • Details of how the authority will train its staff specifically on the Duty and the relevant articles of the Order. Insert Y/P/N Comments

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________

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Details of how the authority will periodically identify and evaluate the training needs of its staff, as they relate to delivery of the Duty and the relevant articles of the Order. Details of how the authority will integrate the Duty and the Order into its other training programmes. Details of how the authority will provide role-specific training for those staff whose tasks are most relevant to certain specific duties e.g. policy and management staff will need to know about impact assessments, consultation and monitoring processes; communication staff about the publishing and public access specific duties; and HR staff about the Employment Duty and so on. The arrangements for meeting this specific duty are reflected in this part of the authority’s action plan, which include details of the actions itself; and how, when, and by whom they will be completed.

Examples of innovative / good practice: E.g. evidence of a skills audit having been carried out; a trainers for trainers programme to ensure in-house training expertise in all aspects of the General Statutory Duty and the Orders.

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________

PART 7: THE EMPLOYMENT DUTY: 2 Minimum standard for compliance The authority’s arrangements in this regard include: • Details of how the authority intends to meet its employment duties. This includes having monitoring systems in place / plans to ‘fulfil’ its duties, and any targets for fulfilment that are ‘reasonably practicable’. Details of the monitoring system(s), for example IT, that they use to monitor their employment practices by ethnicity, and confirmation that such systems include monitoring for all relevant categories outlined in relevant articles of the 2001, 2002, & 2003 Orders3. The systems the authority has in place to regularly collate and analyse their employment data by ethnicity - which should as a minimum be based upon the Census 2001 ethnic classifications. Details of what it will do when its monitoring data presents adverse impact, for example locate and remove barriers and so on.
Insert Y/P/N

Comments

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Although the public authority can choose to set out their arrangements to meet this specific duty in a document other than a RES we strongly recommend that it is should form part of their RES and particularly so if they are re-publishing their RES. Please refer to the extracted articles 4 & 5 of the 2001 & 2002 Orders, and article 3 of the 2003 Order on p.3 above. There are different employment monitoring responsibilities, in the 2001 & 2002 Orders, for local authorities with education responsibilities; the Department for Education & Skills; and the Learning & Skills Council for England, the Higher Education Funding Council for England & Wales and the National Council for Education & Training for Wales, and in relation to the 2003 Order, there are specific employment monitoring responsibilities for the National Assembly for Wales.

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________ • • There should be evidence of quantitative and qualitative data analysis, with are inclusive, as appropriate, of the three strands of the General Statutory Duty. The authority provides details how it complies with its duty to publish the results of its article 5(2) responsibilities, pursuant to article 5(3) of the Order. The arrangements for meeting this specific duty are reflected in this part of the authority’s action plan, which include details of the actions itself; and how, when, and by whom they will be completed.

Examples of innovative / good practice: E.g. evidence of the authority’s monitoring by ethnicity over and above what is required by article 5(2) of the Order.

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Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty Name of Public Authority:______________________ PART 8: GENERAL COMMENTS ON RES: THIS PART RELATES SOLELY TO INNOVATE / GOOD PRACTICE AND NOT TO COMPLIANCE ISSUES: 8.1 The authority sets out its guiding principles and rationale for meeting the General Duty. 8.2 The authority outlines its leadership commitment to meeting the General Duty. 8.3 The authority sets out its starting points / previous work in respect of race equality. 8.4 The authority explains how and when the RES will link to its corporate arrangements (values, action plans etc). 8.5 The authority includes and focuses on race equality outcomes. PART 9: CONCLUDING COMMENTS AND RECOMMENDATIONS FOR FUTURE ACTION:

ML / DCN4

RGP

FM

NFA

O5

Name of officer: Date:
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Only refer to the CRE Legal Directorate if you have ticked this box – ML/DCN (minded letter and draft compliance notice). However your assessment should be recorded on a central database within policy so that you know when each assessment has taken place, and what its result was. 5 ML / DCN = minded letter and draft compliance notice; RGP = make recommendations on good practice; FM = future monitoring; NFA = No further action; O = Other

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