equality, good relations and human rights … good relations and human rights screening template...
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Equality, Good Relations and Human Rights
Screening Template
Title:
The Resettlement of the patients in Muckamore Abbey Hospital and Knockbracken Healthcare Park
***Completed Screening Templates are public documents and will be posted on the Trust’s website***
See Guidance Notes for further background information on the relevant legislation and for help in answering the questions on this template (follow the links).
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(1) Information about the Policy/Proposal
(1.1) Name of the policy/proposal
The Resettlement of the patients in Muckamore Abbey Hospital (MAH) and Knockbracken Healthcare Park (KHCP)
(1.2) Is this a new, existing or revised policy/proposal? New
(1.3) What is it trying to achieve (intended aims/outcomes)? The identified population group are living in long stay wards in hospital beds. This proposal is to effect the resettlement of these adults in MAH and KHCP and ensure their on-going nursing care and support needs are met and their recovery is sustained within community settings of their choice. The proposed new service is to procure 33 specialist nursing beds within a community setting in response to Bamford Review and Transforming Your care. The benefits are that service will be tailored to individual needs, will be located in the community of choice, promote social inclusion and enable people to achieve a fuller life and improve their quality of life. The main outcome is that people will not have to remain within a hospital bed for longer than necessary and that it will promote privacy and dignity within a home environment. Staff will be offered a range of re-deployment opportunities both within the hospital and within community settings.
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The Trust is following the expert guidance and advice provided by the Business Services Organisation’s Centre of Procurement Expertise in terms of the correct procedures to be followed in relation to the procurement process.
(1.4) How will the proposal be implemented?
The proposal will be implement in the follow stages: Consultation ongoing through each stage of the process below having commenced with Bamford ‘Equal Lives’ group and continuing through out Transforming Your Care An Option Appraisal carried out Equality Screening completed Service specification completed Pre Tender Meeting Finalise Tender document Advertise tender Tender Documents scored against Criteria and Compliance checks carried out Agree award for Service Induction and training schedule developed and final agreement reached regarding transition of clients Resettlement of clients with agreed timetable of evaluation and monitoring.
(1.5) Are there any Section 75 categories (see list in 2.1) which might be expected to benefit from the intended policy/proposal?
Clients with a Learning Disability and/or Mental Health with Acquired Brain Injury.
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(1.6) Who owns and who implements the policy/proposal?
Belfast Health and Social Care Trust (BHSCT), South Eastern Health and Social Care Trust (SET) Mental Health and Learning Disabilities.
(1.7) Are there any factors that could contribute to/detract from the intended aim/outcome of the policy/proposal/decision? (Financial, legislative or other constraints?)
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No agreed community costing index, in that there are no agreed tariffs. The care and support needs of the client may exceed the standard amount allocated by the HSCB under resettlement. There may be issues arising for clients with the ability to fund, because of compensatory awards. The requirement to fund the placement may not be the preferred option where hospital care is free.
In instances where Family opposition/resistance to resettlement due to various reason.
(1.8) Who are the internal and external stakeholders (actual or potential) that the policy/proposal/decision could impact upon? (staff, service users, other public sector organisations, trade unions, professional bodies, independent sector, voluntary and community groups etc).
Internal and external stakeholders include:
Staff, Service Users, Trade Unions, Independent Sector, Voluntary and Community groups, Department of Health, Health and Social care Board, Regulation and Improvement Authority, Department of Justice, Family and Carers,
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(1.9) Other policies/strategies/information with a bearing on this policy/proposal (for example internal or regional policies) - what are they and who owns them?
UN Convention on Rights of People with a Disability Article 194
http://www.un.org/disabilities/convention/conventionfull.shtml
National Service Framework
The Bamford Review
Disability Strategy 2012-2015
http://www.ofmdfmni.gov.uk/index/equality/disability/disability-strategy-2012-2015.htm
Transforming Your Care Post-Consultation Report, March 2013
http://www.tycconsultation.hscni.net/consultation/
Homeless Strategy for Northern Ireland 2012 – 2017
DSD Supporting Social inclusion Group
Welfare Reform Bill 2012
The Human Rights Act 1998
www.northernireland-legislation.hmso.gov.uk
The Northern Ireland Act 1998 – Equality
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www.northernireland-legislation.hmso.gov.uk
The Disabled Persons Act 1989
www.northernireland-legislation.hmso.gov.uk
The Mental Health Order (NI) 1986
www.mentalhealth.org.uk/html/content/legislation.cfm#Northern%20Ireland
EHSSB Strategy for Adult Mental Health Services (2004)
Response to the Northern Ireland Executive’s Response to the Bamford Review of Mental Health and Learning Disability: ‘Delivering the Bamford Vision’. Delivering the Bamford Vision (September 2008).
Regional Strategy, A Healthier Future 2005 – 2025
www.dhsspsni.gov.uk
Investing for Health 2002
www.dhsspsni.gov.uk
Priorities for Action (PfA) 2008-11 & Priorities for Action (PFA) 2009/10
http://www.belfasttrust.hscni.net/pdf/Excellence_and_Choice_Adult_Mental_Health_Services.pdf
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(2) Available Evidence / Needs, Experiences and Priorities
(2.1) Taking into account the information above what are the different needs, experiences and priorities of each of the Section 75 categories for both service users and staff.
Please note there are separate tables for Service Users and staff.
Service Users
Category
Details of evidence/information
Service users
Belfast/Castlereagh population as a whole
Service users affected
Patients diagnosed with Acquired Brain Injury or Learning Disability
Needs, Experiences & Priorities
Gender Female Male
51% 49% *2011 census
54.5% (18) 45.5% (15)
The majority of those impacted by this proposal are males. There is no evidence, however, to suggest that the proposal would have an adverse impact in terms of gender. These patients require 24hr
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Nursing Care i.e. defined as 'care provided, delegated, monitored or supervised by a registered nurse' 24hrs per day 7 days per week. The patients require a range of treatments and interventions that are individualised to meet their assessed needs
Age
<25 25-34 35-44 45-54 55-64 65+
22% 11% 12% 14% 14% 12% 15% *2011 census
0-16 0%
16-24 0%
25-34 3%
35-44 3%
45-54 9%
55-64 43%
65+ 42%
The majority of those affected by the proposal are aged between 55 – 65. These statistics are high when compared to the general statistics on age for Belfast & Castlereagh. Due to the nature of the service all those affected will have a disability in relation to mental health, NISRA statistics show that 45.64% of people in the 50 plus age group have a long term limiting illness (NISRA T46 Age – People, Family and Households). It is therefore likely that a high proportion of these service users will have limited mobility.
(See section on disability) The
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proposal, however, is aimed at meeting the individual needs of each user and improving their quality of life. It is therefore, not anticipated that the proposal would have an adverse impact in terms of age.
Religion
Protestant Roman Catholic No Religion or No Religion Stated
42% 41% 17% *2011 census
39% 55% 6%
The majority of patients affected by this proposal are Roman Catholic. It is not anticipated that there will be an adverse impact regarding religion as patients will be located in their community of choice.
Political Opinion
Broadly Unionist Broadly Nationalist Other Do not wish to answer/Unknown
48.3% 45.4% 2.3% 4% * 2011 Assembly election
6% 12% 82%
Information on the political opinion of the majority of service users is not available. Due to the historic correlation in Northern Ireland between politics and religion, it is probable that the majority of those impacted would have a nationalist political perspective. There is no indication, however that the proposal would have an adverse impact in terms of political opinion.
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Marital Status Single Married Other/Not known
36% 47% 17% *2011 census
91% 9%
The majority of those affected are single. There is no evidence to suggest an adverse impact in relation to marital status.
Dependent Status
Caring for a child dependant older person/ person with a disability
None
Not known
12% of usually resident population provide unpaid care
* 2011 census
100% Due to the nature of the service each of the service users are dependent on carers. No adverse impact is anticipated due to dependent status.
Disability
Yes No Not known
21% 69% n/a 2011 census
100%
Due to the nature of the service each of the service users will have a disability relating to mental health. The proposal is aimed at benefiting patients as the service will be tailored to individual needs, will be located in the community of choice, promoting social inclusion and
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enabling people to achieve a fuller life and improve their quality of life. The main outcome is that people will not have to remain within a hospital bed for longer than necessary and that it will promote privacy and dignity within a home environment.
Ethnicity
White non-white Not known
98.21% 1.8% n/a *2011 census
100% There is no impact in terms of ethnicity. The religious, spiritual and religious needs of each patient will be respected and accommodated.
Sexual Orientation
Opposite sex
Same sex/Same and Opposite sex
Do not wish to answer/Not known
The general view in NI is that an estimated 6-10% identify as lesbian, gay, bisexual
*2012 report by Disability Action & Rainbow Project
21%
79%
There will be no impact in terms of sexual orientation. The sexual orientation of each patient will be respected.
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Staff: A total of 34 staff are affected. Due to the small numbers a detailed breakdown of data is not provided in the table below.
Category
Details of evidence/information
Staff Total Trust workforce as at January 2013
Staff affected
Needs, Experiences & Priorities
Gender Female Male
79% 21%
In line with the Trust overall workforce a significant number of staff effected are female.
Age
<25 25-34 35-44 45-54 55-64 65+
4% 26% 26% 29% 13% 2%
The age profile broadly reflects that of the overall Trust workforce. There is no indication of differing needs.
Religion
Protestant Roman Catholic Not known/Other
45% 50% 5%
The community background profile broadly reflects that of the overall Trust workforce. There is no indication of differing needs.
Political Opinion
Broadly Unionist Broadly Nationalist Other No answer
7% 6% 7% 25%
Limited information available. There is no indication of differing needs.
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Unknown 55%
Marital Status Single Married Other Not known
38% 57% 3% 2%
Broadly in line with overall Trust workforce. There is no indication of differing needs.
Dependent Status
Caring for an adult For a child For a person with a disability None Not known
2% 18% 1% 19% 60%
Limited data available however research indicates that 1 in 8 people in Northern Ireland have caring responsibilities.
Disability
Yes No Not known
2% 66% 32%
Limited data available.
The Trust is committed to ensuring that reasonable adjustments will be facilitated according to any individual needs identified in accordance with the Trust’s Framework on the Employment of People with Disabilities.
Ethnicity
White Non white Not known
78% 4% 18%
Broadly in line with overall Trust workforce. There is no indication of differing needs.
Sexual Orientation
(towards
Opposite sex Same sex/Same and Opposite sex
36% 1%
Limited data available. There is no indication of differing needs.
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people of the) Do not wish to answer/Not known
66%
(2.2) Provide details of how you have involved stakeholders, views of colleagues, service users and staff etc when screening this policy/proposal.
There have been meetings with all staff, service-users, their carers and the full Multidisciplinary Team (MDT) to discuss and ascertain each individual’s needs and views in the context of the planned proposal such as:
Staff consultation workshops
Staff information days
Quarterly meetings with Staff Representatives
1;1 meetings with staff, Senior Nurse Management & Staff side representatives
Weekly Resettlement Meetings with staff representatives
Monthly Resettlement Steering Group meeting with all stakeholders
Quarterly Workforce Planning Meetings
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(3) Screening Questions
You now have to assess whether the impact of the policy/proposal is major, minor or none. You will need to make an informed judgement based on the information you have gathered. Staff
(3.1)What is the likely impact of equality of opportunity for those affected by this policy/proposal, for each of the Section 75 equality categories?
Section 75 Category
Details of policy/proposal impact
Level of impact? Minor/major/none
(3.2) Are there opportunities to better promote equality of opportunity for people within Section 75 equality categories? If yes, provide details. If no, provide reasons.
Gender
Redeployment of staff in line with Trust Framework on the Management of Staff affected by Organisational Change and Staff Redeployment Protocol.
Minor No. Flexible working opportunities are available in line with the Trusts Work Life Balance policies and procedures.
Age
None No
Religion
None No
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Political Opinion None No
Marital Status None No
Dependent Status Minor No. Flexible working opportunities are available in line with the Trusts Work Life Balance policies and procedures.
Disability
None The Trust is committed to ensuring that reasonable adjustments will be facilitated according to any individual needs identified in accordance with the Trust’s Framework on the Employment of People with Disabilities.
Ethnicity
None No
Sexual Orientation None No
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Service Users
(3.1) What is the likely impact of equality of opportunity for those affected by this policy/proposal, for each of the Section 75 equality categories?
Category
Details of policy/proposal impact The proposal is aimed at benefiting patients as the service will be tailored to individual needs, will be located in the community of choice, promoting social inclusion and enabling people to achieve a fuller life and improve their quality of life. The main outcome is that people will not have to remain within a hospital bed for longer than necessary and that it will promote privacy and dignity within a home environment.
Level of impact? Minor/major/none NONE
(3.2) Are there opportunities to better promote equality of opportunity for people within Section 75 equality categories? If yes, provide details. If no, provide reasons.
Gender
No, the individual needs of each service users will be respected and accommodated.
Age No as above
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Religion
No “
Political Opinion No “
Marital Status No “
Dependent Status No “
Disability
No “
Ethnicity
No “
Sexual Orientation No “
(3.3)
To what extent is the policy/proposal likely to impact on good relations between people of different religious belief, political opinion or racial group? Minor/major/none
Good relations category
Details of policy/proposal impact Level of impact Minor/major/none
Religious belief The promotion of good relations is incorporated into the specification for the proposal which each provider must adhere to.
None
Political opinion “ None
Racial group “ None
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(3.4)
Are there opportunities to better promote good relations between people of different religious belief, political opinion or racial group?
Good relations category
Please provide details The Trust is committed to the promotion of good relations and has incorporated Section 75 equality duties into its contracts with service providers. All Trust procurement processes are in line with the ECNI’s Equality of Opportunity Sustainable Development in Public Sector Procurement Guidance. Through Section 75 Equality duties providers have a duty to ensure equality of opportunity and the promotion of good relations for staff and clients.
Religious belief
Political opinion
Racial group
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(4) Is there an opportunity to better address the health and social inequalities of groups/areas in greatest social, economic or educational need by altering the policy/decision?
Suggestions
N/A
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(5) Consideration of Disability Duties
How does the policy/proposal or decision currently encourage disabled people to participate in public life and promote positive attitudes towards disabled people? Consider what other measures you could take.
The service will be tailored to individual needs, will be located in the community, promote social inclusion and enable people to achieve a fuller life and improve their quality of life. The main outcome is that people will not have to remain within a hospital bed for longer than necessary and that it will promote privacy and dignity within a home environment. Equality, good relations and human rights training is incorporated into the specification for the proposal which each provider must adhere to in terms of staff training.
For example, have your staff received disability equality training or training on the Trust’s Patient and Client Experience Standards?
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(6) Consideration of Human Rights
(6.1) Does the policy/proposal affect anyone’s human rights in a positive, negative or neutral way? Complete for each of the articles
Article
Positive impact
Negative impact = human right interfered with or restricted
Neutral impact
Article 2 – Right to life
Article 3 – Right to freedom from torture, inhuman or degrading treatment or punishment
Article 4 – Right to freedom from slavery, servitude & forced or compulsory labour
Article 5 – Right to liberty & security of person
Article 6 – Right to a fair & public trial within a reasonable time
Article 7 – Right to freedom from retrospective criminal law & no punishment without law
Article 8 – Right to respect for private & family life, home and correspondence.
Article 9 – Right to freedom of thought, conscience & religion
Article 10 – Right to freedom of expression
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Article 11 – Right to freedom of assembly & association
Article 12 – Right to marry & found a family
Article 14 – Prohibition of discrimination in the enjoyment of the convention rights
1st protocol Article 1 – Right to a peaceful enjoyment of possessions & protection of property
1st protocol Article 2 – Right of access to education
Please note: If you have identified potential negative impact in relation to any of the Articles in the table above, speak to your line manager and/or a representative from the Equality Team. It may also be necessary to seek legal advice.
(6.2) Please outline any actions you will take to promote awareness of human rights and evidence that human rights have been taken into consideration in decision making processes.
Respect for the Human Rights of each service users are incorporated into the specification relating to the proposal, which providers must adhere to.
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(7) Screening Decision
(7.1) Given the answers in Section 4, how would you categorise the impacts of this
policy/proposal?
Major impact
Minor impact
No impact
(7.2) Do you consider the policy/proposal needs to be subjected to ongoing screening?
Yes
No
A full Equality Impact Assessment (EQIA) is usually confined to those policies or decisions considered to have major implications for equality of opportunity.
(7.3) Do you think the policy/proposal should be subject to an Equality Impact Assessment (EQIA)?
Yes
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No
(7.4) Please give reasons for your decision.
The proposal is aimed at improving the quality of life for patients and is in line with recommendations outlined in the Bamford review in terms of the resettlement of patients into a community setting. It has been deemed as an on-going screening to enable assessment of the proposal over 1 year to allow monitoring of the proposal for any possible unforeseen adverse impact.
(7.5) If you have identified any impact, what mitigation have you considered to address this? N/A.
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(8) Monitoring. In line with the guidance, you will be obliged to monitor this policy every 2 years.
Please detail how you will monitor the effect of the policy/proposal for equality of opportunity and good relations, disability duties and human rights? The Trust will ensure service user and carer feedback is captured. This is being assisted by the recording of individual feedback and personal resettlement stories. After 6 months a report will be submitted to the equality manager on the findings of monitoring procedures. This process will be completed after a further 6 months.
Approved Lead Officer: Rhonda Scott
Position:
Community Integration Co-Ordinator
Date:
20th December 2013
Policy/proposal screened by
Equality Manager: Veronica McEneaney
Employment Equality Manager:
Michelle Morris
Please forward completed schedule to [email protected]
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