Report on Race Equality Scheme Outcomes: 2005-6
Summary of Outcome 1
New Project Initiation Documentation, Business Planning / Project Management guides, etc. will have been produced requiring an assessment of the likely impact on Diversity. Where appropriate they will also require the creation of an ongoing monitoring system to assess and report on the impact of the policy, project etc. is having on diversity.
Progress Report 2005-6
This has been achieved with instructions and advice being produced. The SCS project management guide asks that consideration is given to Equality and Diversity issues at the project initiation stage. The checklist for projects further ensures that the Approvals Group considers whether any proposed project impacts upon Equality and Diversity, and that any such issues have been highlighted. Additionally, the Scottish Government Procedures for Commissioning and Managing Social Science Research are followed for social science research projects. These procedures reinforce the need to comply with Equalities duties by considering whether equalities issues are being mainstreamed throughout the management of any project.
Business plans since 2004-5 have been drafted using new guidelines and styles to ensure that diversity issues are considered as an integral part of the planning exercise. This practice continues and will apply to all future business and project planning within the Agency.
Summary of Outcome 2
The Agency will have devised an appropriate structure for managing and promoting diversity and established clear remits and duty allocation in relation to this.
Progress Report 2005-6
Every member of staff is now under an obligation to consider diversity in relation to their duties and in any planning for the future they
undertake. It is built into job competencies for every post in the SCS and as such is fully integrated into the performance review system.
In 2002, the SCS appointed a diversity officer to advise and support staff and act as a liaison with various interest groups. A re-assessment of this structure too place at the end of 2005 in response to the development of the role and equality duties over this time. Diversity is now jointly led within the organisation by the Operations and Policy Unit (OPU) and the Personnel and Development Unit (PDU). Their lead role will be supported by the Management Board’s commitment to adopting the Diversity Excellence Model in 2006. This model takes a strategic framework approach to mainstreaming diversity into the everyday business of the SCS which is the SCS’s ultimate aim. It is intended to tie the Model in with an aligned approach to the existing and forthcoming Equality Duties placed on the SCS.
Charter mark is also playing an important role in providing an additional structure through which individual courts and business units can more effectively engage with their local community. One of the Charter Mark standards involves consultation and participation with the community and requires the SCS’s services to be open and accessible to all. A number of courts have already achieved this standard and the SCS has set an organisational target within its corporate plan for 2005-8.
Summary of Outcome 3
Guidance for letting and monitoring of contracts to ensure our legal obligations are met and diversity is promoted and encouraged wherever possible will have been circulated.
Progress Report 2005-06
Any contracts let by the SCS include the Scottish Government standard terms and conditions. Within these, there is a clause preventing unlawful breach of the Race Relations Act (RRA Act) specifically, and of any other legislation relating to discrimination in employment. Any contractor (or subcontractor employed in the execution of the contract) who signs a contract with SCS is, therefore, committed to abide by these terms.
Our latest Facilities Management contract sets out this commitment to race equality and the wider diversity agenda. It sets down the Agency’s legal obligations under the RRA Act and obliges the contractor to comply with these, and that any failure to meet this will be considered a breach of contract. This commitment to diversity was communicated at the tender stage for the contract.
After a contract is advertised, any supplier who lodges an Expression of Interest is required to complete a Pre-Qualification Questionnaire (PQQ). These PQQs are then marked before deciding which suppliers to invite to Tender. Within the PQQ, the suppliers are asked to provide information on their Equal opportunities policy and confirm that their organisation complies with the obligations of the RRA Act . If the supplier can not supply and confirm compliance, their PQQ is marked down.
The Scottish Government Procedures for Commissioning and Managing Social Science Research are followed for all contracts for social research. This reinforces that the equality duties regarding discrimination and equality of opportunity apply to social research procurement.
Summary of Outcome 4
With the assistance of our diversity group and consultation we will have examined leaflets and other documents produced by the Agency to identify any areas of potential discrimination and have developed proposals to rectify them.
Progress Report 2005-6
A review of leaflets was undertaken by the Diversity officer who also consulted the appropriate Scottish Government steering groups and various interest groups. Those Courts and business units with or working towards Charter Mark are required to seek feedback on any leaflet and packs that they provide to customers.
PDU have developed a ‘Guide to Accessible Documents’ for PDU staff to read before developing new leaflets and correspondence to be sent to internal customers. This is to be published on the intranet for all court staff to access. The SCS also has links with the Scottish Braille Press to be able to produce information in different formats upon request.
Summary of Outcome 5
All business units will have prepared a list of the groups and individuals they currently consult showing how this consultation is effected and the issues covered. They will also have identified other ethnic minority groups who might be added to the list of consultees. They will also have prepared proposals for improving consultation generally.
Progress Report 2005-6
Consultation takes place in all locations across the SCS Agency. Each location has its own arrangements for discussions with local groups relevant to its own service delivery. The Agency also has good links with other justice partners including the Scottish Government, Crown Office, Procurator Fiscal’s Offices and Police. Consultation is, however, generally done on an issue by issue basis and is recognised to be most effective when done at a local level.
Example of partnerships developed across the SCS include:
Lothian and Borders have regular Diversity Team meetings. The COPFS and the SCS are represented as are the Police and ELREC. At these meeting issues such as Doors Open Events, visits to Sikh Temples, prosecution ploicies, interpreting/translating are discussed and planned.
There are Race Groups in each of Tayside, Central and Fife Fiscal areas and Sheriff Clerks represent SCS on these. Open days and mini trials take account of diverse needs of those attending. Visits to various places of worship have taken place and workshops arranged that cover rules and regulations that particular religions must follow as a way of raising awareness amongst staff. Some courts have appointed a member of staff as local diversity officer to scrutinise facilities and services and make improvement.
SCS is represented on the Dumfries and Kirkcudbright Local Area Race group and at the quarterly meetings of the Lanarkshire Area Resource Team on Race Matters which covers Airdrie, Hamilton and Lanark Sheriff Courts. The latter group comprises members of COPFS, Police and WESREC. The representative from WESREC co-ordinates with other local minority groups and feeds back any comments or issues arising from those groups. Any issues arising are taken forward by the appropriate agency.
An open day held in Ayr in 2005, resulted in a partnership with the Ayrshire Race Resource Committee. The Committee liase with ethnic groups on behalf of the SCS an provide feedback.
Ethnic minority groups were invited to attend a Glasgow Sheriff Court open day in 2005 and staff from Glasgow manned a SCS stall at the Ethnic Job fair held at the SECC.In addition we have been working with "The Bridges" project and have given part time employment to an asylum seeker at the court.
The Office of the Public Guardian identified and contacted a range of organisations representing diverse groups & communities in order to offer more information on the role and function of the OPG and to utilise the opportuity to offer a general overview of the Adult’s with Incapacity (Scotland) 2000 Act. Another aim was to help establish good working relationships with relevant organisations with a view to developing future partnership work. Several organisations responded to the invitation and presentations were carried out to them in their places of work.
The SCS continues to support and contribute to HARE group, (Highlands Alliance for Racial Equality).
PDU has a Partnership Agreement with the PCS Union which requires discussion of any proposed changes affecting SCS staff and the organization as a whole.
Summary of Outcome 6
The Agency will have in place employment monitoring procedures that enable us to fully meet the legal requirements placed on it by the Act.
Progress Report 2005-6
PDU currently monitors recruitment, IPR and staff in post figures for different groups of staff, mainly in relation to ethnic minority and disability. This will be developed to encompass other groups, according to religion and sexual orientation, and to provide figures in relation to performance review, training applications and actual training days. Information relating to ethnic minority, disability and gender recruitment and staff in post figures is published in the annual report.
Summary of Outcome 7
All business units will have ascertained the dietary needs current canteen managers and food suppliers are able to accommodate and the notice they required to do this.
Progress Report 2005-6
Only 8 sites within the SCS estate have contracted caterers. In line with the Court Charter, other locations may have only a vending machine, alongside arrangements with local external caterers for jurors’ lunches. The most recent catering contract was awarded in 31 March 2006 and includes a provision within the specification that the supplier will deliver a wide range of food and drinks. This specifically outlines that this must include ethnic, cultural, religious and vegetarian options. All future catering contracts will include the same requirement.
Where a contract is in place, therefore, the contractor will cater for all requirements, Outside caterers are utilized in other courts in particular for jurors and can cater for all requirements given advanced notice. Local systems are in place to obtain special requirements for jurors as early as possible to instruct special arrangements. This includes posters and notices in some courts, as well as forms sent out with jury citations to allow for a suitable lunch to be ordered. which ensure that jurors are able to identify special dietry needs before arrival within the building - this will then allow a special lunch to be ordered.
Summary of Outcome 8
The Agency will have collated information on special dietary needs and consulted on the demand for them. We will also have established a policy covering the provision we intend to make that will inform the letting of future contracts.
Progress Report 2005-6
See outcome 7. As all caterers can deliver diets to suit all needs, the SCS did not carry out a consultation on the demand for special dietary needs.
Summary of Outcome 9
The Agency will produce a consultation paper on our policy and practice in relation to the provision of translations and interpretation with options for developing these
Progress Report 2005-6
Since autumn 2003, the Agency has been working in partnership with the Crown Office and Procurator Fiscal Service, Scottish Legal Aid Board, the Police and the Law Society of Scotland on the Working Group for Interpreting and Translation (WGIT). The aim of the group has been to establish common standards for interpreting and translation throughout the Scottish criminal justice system and as a result we have not carried out our own separate consultation. Within WGIT’s remit is consideration of how to ensure that there are sufficient translators and interpreters, who are sufficiently trained, qualified, and monitored across the system. The group has established a protocol between COPFS and the Police setting down the responsibilities for instructing interpreters in the court context and agreeing minimum standards.
The Agency has been keen to ensure quality of service in this area and since April 2002 it has been the Agency’s duty to provide interpreters for the accused. Guidance has been issued to staff on where to access approved interpreters included BSL interpreters. Those on the approved list are bound by standards regarding training, qualifications and Disclosure Scotland checking. We also have Languageline, the telephone interpreting service available to all our staff.
Presently, our Introduction to the Courts, Charter, Complaints system, and information for witnesses are available in 6 languages. Given recent research on the community languages most widely used in Scotland a review of the languages selected is planned. Requests for translations of other documents or translations into other languages will be considered on request. (check – or will be done on request?)
All documents will be made available in Braille, or on audio tape/CD on request. Our small claims guidance and forms are currently being reviewed and along with new printed versions, we will produce audio CDs of these as standard.
The Agency has also been awaiting the results of the research project to review the current practice on translating, interpreting and communication support. WGIT fed into this work and the results were published in February 2006. We will look at the recommendations within these and consider further improvements to our systems, whether this means creating our own separate policy or feeding into or applying any national policy that is developed.
Summary of Outcome 10
We will provide full details of our consultation processes on the website and invite others to contribute. The site will also provide for suggestions, etc. to be made on line.
Progress Report 2005-6
See under outcome 5. Consultation is generally done on an issue by issue basis and is recognised to be most effective when done at a local level. The SCS website has a comments and suggestions page which can be access from the homepage and allows customers to email the SCS directly.
Summary of Outcome 11
All staff with managerial responsibilities will have received their diversity awareness training and will have provided their own staff with an initial briefing
Progress Report 2005-6
An initial roll-out of training in 2002-3 saw managerial staff undergo a minimum of 2 days diversity training. Other staff attended a day long diversity course.
Training is now delivered through a diversity self-learn pack. This is issued to all new staff and they are required to complete this and send a confirmation form back to PDU. Diversity and Equal Opportunities is covered at Corporate Induction courses, which all new staff attend within 4 months of the beginning of their employment. Consideration is currently being given to developing a diversity e-learning module.
Summary of Outcome 12
After consultation with the Diversity Group, TUS and others on the outcome of the staff survey and diversity questionnaire, proposals for providing Agency support to create support groups for potentially disadvantaged groups of staff will have been prepared.
Progress Report 2005-6
A carers contact team was formed in 2003 to provide to support to staff with caring responsibilities, and they meet regularly to discuss issues and developments affecting them.
The SCS also has a Diversity Group and a Bullying and Harassment team both of which are composed of a cross-section of staff from across the service. The latter has run workshops to allow staff to discuss issues of bullying and harassment in the workplace, and more generally provides support for all staff.
No restrictions have been placed on the type of group that can be formed and any request will be met positively. However, apart from the carers little interest has been shown in developing other groups at this stage.
Summary of Outcome 13
The Agency’s annual report for 2002-3 containing a report on progress to date will have been issued.
Progress Report 2005-6
The report has been issued and is available on the web-site. This include a Ministerial target for meeting the Coming to Court standards. These standards oblige the SCS to provide a service which is fair, regardless of race, ethnic origin, age, gender, religious beliefs, sexual orientation or any disability. In 2002-3, the SCS met its target of 88% and increased the target for the following year to 89%.
Summary of Outcome 14
The Agency will have completed a self assessment exercise to update the information currently held on ethnicity of staff seeking to maximise the amount and quality of the information obtained from staff .
Progress Report 2005-6
This exercise has been completed. A data cleanse is carried out every 2 years to ensure that data held on staff is accurate. New staff entering the service are asked to complete and ‘Equal Opportunities’ monitoring form and this information is recorded on their payroll record. An exercise will be carried out in the next couple of months to record the religion and sexual orientation of staff.
Summary of Outcome 15
The Agency will have completed the revision of the competency framework to ensure it fully reflects our statutory duties and our established aim of promoting diversity.
Progress Report 2005-6
This has been done. The new competencies now underpin the staff reporting system with all staff obliged to take steps to ensure that they develop the skills and knowledge required to attain the competencies and all reporters bound to assess staff on their performance in this respect. This will be monitored by the Personal and Development Unit and further guidance given if necessary.
Summary of Outcome 16
The Agency will have completed the initial consultation paper relating to translation and interpretation and will have established objectives for completing developments (where these have not been implemented already).
Progress Report 2005-6
See under outcome 9.
Summary of Outcome 17
This scheme will have been revised and extended to include all forms of diversity. Appropriate consultation will have begun and an ongoing programme established.
Progress Report 2005-6
SCS are developing an aligned approach to the Equality Duties and diversity as a whole through the adoption of the Diversity Excellence Model. This will review all previous work on diversity including the Race Equality Scheme.
Summary of Outcome 18
An updated Diversity Help file will be available on the Intranet for easy staff reference. Copies will be made available to appropriate interest groups for comment.
Progress Report 2005-6 (Draft)
The SCS has developed a Diversity Self Learn pack to ensure that staff have the diversity and equal opportunities information that they require. The Diversity Excellence Model may reveal that staff feel they need further diversity resources and this can be addressed if this is the case.
Summary of Outcome 19
The Agency will have reviewed and revised all training and development modules to ensure that wherever appropriate they include diversity awareness and related skills.
Progress Report 2005-6
This has been done but is being looked at again in the light of the feedback we received from the awareness courses. We are also looking to develop e-learning to cover areas of diversity awareness and management to make it more readily available to all staff. Information is being circulated to management and staff on an ongoing basis and the intention is to run events (eg a quiz) to reinforce the message and the learning.
Summary of Outcome 20
The Agency will have revised the system for dealing with complaints and comments to allow the effective monitoring of complaints involving diversity issues.
Progress Report 2005-6
The central database on which all complaints received by the SCS are recorded has been reviewed. This review considered the current categories under which complaints are stored and recommended that these be changed to allow for more accurate and accountable reporting. These categories will be able to capture any complaints of discrimination. The database supplier has been contacted to quote for the technical work involved for this update which is planned for summer 2006.
It has not been considered appropriate at this stage to ask complainers to complete any form of ethnicity return.
Summary of 21
The Agency will have consulted on the provision of suitable places for religious observance etc. and assessed the need and practicability in respect of each location.
Progress Report 2005-6
Accommodation and business levels do not allow for much room for movement in this area,
Accommodation in most courts in Lothian and Borders did not allow for the creation of prayer rooms. Only Edinburgh SC has been able to create such a room which has washing facilities, a prayer mat and the direction of Makkah indicated within the room. The majority of holy books are properly stored within the witness muster area with directions for respectful use. Specific facilities have also been identified in Inverness & Aberdeen
Accommodation restrictions mean that most other courts are unable to provide a dedicated facility. However any requests for privacy for religious observance would be met by making temporary arrangements in so far as accommodation constraints allows. In the main disabled toilets are identified as suitable washrooms.
Summary of Outcome 22
The Agency will have completed and evaluated the current diversity awareness training for all staff and produced an action plan to secure further improvements in this area.
Progress Report 2005-6
The original training roll-out covered all staff. Evaluation and improvements were carried out throughout the exercise and a follow up evaluation completed. This evaluation informed the development of the Diversity Self Learn pack which must be completed by all new members of staff. Consideration is currently being given to developing a diversity e-learning module.
There is a session on diversity in the induction course given to all staff . Other courses and events have been revised to ensure they contain appropriate diversity input. Middle management training has been revised and will highlight how to manage and promote diversity.
Two leaflets on diversity, aimed at maintaining awareness, have been published for staff and are available on the internet.
Summary of Outcome 23
The Agency will have reviewed its recruitment procedures and produced a plan to encourage a more diverse recruitment profile for consultation with appropriate groups.
Progress Report 2005-6
Recruitment is carried out in a range of media, dependent on the vacancy, to advertise to as wide an audience as possible. Members of court and PDU staff attend road shows regularly, some specifically for ethnic minorities, to advertise the SCS as an employer of choice. A recruitment review was carried out in 2004 to ensure that the SCS current policy is open to different groups. This has resulted in a set of recommended changes which the SCS are currently responding to. The SCS also has the disability ‘2 ticks’ symbol to show we are a disabled friendly employer, and the Stonewall symbol to show we are a gay, lesbian and transsexual friendly employer. The SCS is also currently working towards the ‘Age Positive’ symbol to show we are an age friendly employer
Summary of Outcome 24
The Agency, after appropriate consultation, will have developed an action plan covering any positive action needed to encourage applications from under represented groups.
Progress Report 2005-6 (Draft)
As outcome 23.
Summary of Outcome 25
The Agency’s annual report for 2003-4 containing a full report on progress to date and the outcomes for employment and other monitoring (Insofar as this is consistent with the need to maintain confidentiality) will have been issued.
Progress Report 2005-6
See under Outcome 13. The Coming to Court target of 94% was met. Information on staff in post according to ethnic minority, disability and gender is published in every annual report.
Summary of Outcome 26
The Agency will report on the progress made in relation to the work currently planned to meet the requirements of the Disability Discrimination Act and will have established objectives to build on these improvements.
Progress Report 2005-6
The SCS DDA works programme has now been fully agreed with consultants and works have been instructed across the estate with a view to achieving full compliance. The bulk of the work has been completed although a moderate amount of work has carried over into the current financial year as a result of planning delay. In a very few cases, such as Fort William and Tain, we have been forced either by the physical constraints of the building or by planning objections to accept that compliance will be only achieved in these locations and under certain circumstances, by moving the particular business out of the courthouse to a more DDA suitable location
PDU currently carry out an annual disability exercise which involves contacting disabled members of staff to check if any reasonable adjustments can be made to their workplace. Any identified are taken forward by PDU and line managers. Procedures have also been set up to ensure that requests for application packs in Braille or larger format can be dealt with quickly.
See also outcome 9.
Summary of Outcome 27
The Equality Scheme, covering every aspect of diversity, will have been fully evaluated and revised in the light of consultation, experience and progress.
Progress Report 2005-6
The outcomes of the equality scheme were assessed in 03-04, 04-05 and again here. A decision was taken in 2005 by the Management Board to adopt the Diversity Excellence Model. The model will be adopted in 2006-07 and involves assessing different aspects of service delivery and employment in relation to diversity and equal opportunities and forming a strategy to integrate diversity further.