Equality and Human Rights Impact Assessment - the Form

Eight steps to an equality and human rights impact assessment

STEP 1: Identify essential information

Name of function, policy or procedure

Transformation Strategy for Services to Adults 2007 - 2010 - Revision of Eligibility Criteria

Recommendations 1 - 4

2. Is this function, policy or procedure New * Reviewed

Officers involved in completing this form

Name

Designation

Service

Directorate

Julie Thomson

Natalija Clark

Hilary Benson

Alistair Baird

Roddy MacTaggart

Sandra Bruce

Principal Planning Officer

Policy Officer

Joint Future Service Manager

Strategist

Planning and Policy - Care, Services for Adults

Office of the Chief Social Work Officer

Health & Social Care

Planning & Policy - Care, Services to Adults

Central

South

Strategic Leadership

NS Central

Strategic Leadership

4. Date of Impact Assessment - The original impact assessments were undertaken as part of the strategic assessments between May and September 2007. This information was brought together in this document on 13/06/08. This was updated on 24 October 2008.

Lead council service(s) involved in the delivery of this function, policy, procedure

Neighbourhood Services - Health & Social Care

6. Who else is involved in the delivery of this function, policy or procedure?

(if none go to question 8)

None

7. How have they been involved in the equality and human rights impact assessment process?

N/A

STEP 2: Outline the aims of the function, policy or procedure

8. What are the main aims of the function, policy or procedure? Please list

To ensure that Council resources are focused on those citizens with the highest need.
To ensure that the Council meets changing needs and demands by the introduction of a transparent care assessment and services allocation process across all Care groups.

9. Who are the main beneficiaries of the function, policy or procedure? Please list

Those clients who are assessed as having the highest needs.
Those clients who may benefit as a result of a reassessment under the revised eligibility criteria.

10. Is the function, policy or procedure intended to increase equality of opportunity by permitting positive action or action to redress disadvantage?

Yes

No *

Give details:

This temporary policy is to address budget short falls in the short and medium term, rather than address equality of opportunity. However, the revision of the eligibility criteria will hopefully lead to improved care assessments, which could in turn redress disadvantage by ensuring that those in greatest need will have access to services.

11. What impact will the function, policy or procedure have on promoting good relations and wider community cohesion?

This policy will ensure that the citizens of Aberdeen will be treated in a fair, transparent and consistent manner and that those in greatest need will have access to services.

STEP 3: Gather and consider evidence (To complete this section please use the notes on pages 11 - 12 of the guide to the equality and human rights impact assessment)

12. What evidence is there to identify any potential positive or negative impacts?

Evidence

Details

Consultation

Stakeholder events took place during August and September 2007. Participants included front line staff, community planning partners, unions, and Elected Members. Before the strategy was completed, there was an opportunity for formal consultation on a consultative draft. Service providers in the voluntary and private sectors were also involved.

Formal consultees included all Elected Members; Corporate Management Team; Extended Corporate Management Team; Service Managers working across Health and Care; Staff working across Health and Care and Housing; Strategists, Strategic Leadership; Resources Management - HR, Finance, Legal; Continuous Improvement - CRM, Service Design and Development; Trade Unions; The Aberdeen City Alliance; The Voluntary Sector Liaison Group; Service Users; Aberdeenshire Corporate Management Team; Aberdeen Community Health Partnership.

All written responses to the draft report were recorded, along with whether any changes were made to the report as a result. A full communication audit can be provided on request.

Information was shared with Joint Future Care Planning Groups. Whilst acknowledging the importance of ensuring those in greatest need have their needs assessed and receive a service, concerns were expressed regarding those individuals who receive a service now and may not in future. There was also some concern expressed regarding the removal of service from those with lower level needs as it was considered to be a preventative service. There was also some concern expressed about the danger of vulnerable people losing contact with care services.

Research

Benchmarking was undertaken with comparator local authorities, which concluded that a significant

number of local authorities had already adopted emergency and high needs as their criteria for accessing services.

Officer knowledge and

experience

(including feedback from frontline staff)

Information and feedback was received from the workshops with frontline staff and officers.

Equality monitoring data

The revised eligibility will be applied to all clients and all Care groups. The impact of the revision will be monitored and an annual review is planned.

User feedback

(including complaints)

All clients will have the opportunity to appeal a decision not to provide a service based on an assessment.

All complaints received will be monitored as per the Council's Customer Feedback Policy.

Other

STEP 4: Assess likely impacts on equality strands (To complete this section please use the notes on pages 13 -14 of the guide to the Equality and Human Rights Impact Assessment)

13. Which, if any, equality target groups and others could be affected by this function policy or procedure? Place the symbol in the relevant box.

Equality Target Group	Positive Impact(+)	Neutral Impact (0)	Negative Impact(-)
Race*		O
Disability	+		-
Gender **		O
LGB***		O
Belief		O
Younger		O
Older	+		-
Others	+		-

* Race include Gypsies/Travellers

** Gender includes Transgender

*** LGB: Lesbian, Gay and Bisexual

14. From the groups you have highlighted above, what positive and negative impacts do you think the function, policy or procedure might have?

Detail the impacts and describe the groups affected.

Positive impacts

(describe groups affected)

Positive impacts are likely to apply equally to older people, people with disability and carers.

Before the new eligibility will be applied all new and existing clients will have an assessment or review of their needs.

Those with higher needs will receive a service based on an up to date review or assessment.

Those who meet the eligibility criteria will have access to a wider range of services (Self-Directed Support and Telecare) than was previously available.

Negative Impacts

(describe groups affected)

Those whose needs do not meet the new criteria will not qualify for a service.

What could be considered to be preventative work will be reduced.

There is a possibility of some people being at increased risk.

Our ability to monitor individual health and care needs will be reduced.

Carers

Removing lower level (preventative) services may result in longer-term difficulties and increase the burden on Carers.

STEP 5: Apply the three key assessment tests for compliance assurance (To complete this section please use the notes on pages 15 - 17 of the guide to the Equality and Human Rights Impact Assessment.)

15. Does this policy/procedure have the potential to interfere with an individual's rights as set out in the Human Rights Act 1998? State which rights might be affected by ticking the appropriate box(es) and how. If you answer “no”, go to question 19.

Legality

16. Where there is a potential negative impact is there a legal basis in the relevant domestic law?

N/A

Legitimate aim

17. Is the aim of the policy a legitimate aim being served in terms of the relevant equality legislation or the Human Rights Act?

N/A

Proportionality

18. Is the impact of the policy proportionate to the legitimate aim being

pursued? Is it the minimum necessary interference to achieve the legitimate aim?

N/A

STEP 6: Monitor and review (To complete this section please use the notes on page 18 of the guide to the Equality and Human Rights Impact Assessment).

19. How will you monitor the implementation of the function, policy or procedure?

(For example, customer satisfaction questionnaires)

The Council has a duty to monitor the implementation of its functions, policies and procedures.

An Eligibility Criteria Project Board will be developed to oversee the implementation of the policy. This board will also be responsible for the monitoring and reviewing of the policy and its impact.

Once implemented, the process for monitoring the impact of the policy will be via the corporate performance management system, including supervisory meetings, ECMT Performance Board; CMT Quarterly Review; Citistat; Area Committees, and ultimately the Performance and Standards Committee. Where solutions are not delivering the required results, we will scrutinise the reasons and adjust our approach accordingly.

All complaints received will be monitored as per the Council's Customer Feedback Policy.

20. How will the results be used to develop the function policy or procedure?

The EHRIA is an ongoing process and any impacts resulting from the monitoring and reviewing process may result in changes being made to policy for Year 2 and 3.

21. When is the function, policy or procedure due for review?

It is intended that the policy on Eligibility Criteria will be reported to committee towards the end of 2008.

STEP 7: Report results and summary of EHRIA to the public (To complete this section please use the notes on page 19 of the guide to the Equality and Human Rights Impact Assessment).

22. Where will you publish the results of the Equality and Human Rights Impact Assessment?

Please indicate as follows by ticking the appropriate box(es).

*Summary of EHRIA will be published in committee report under section “Equality Impact Assessment”

* Full EHRIA will be attached to the committee report as an appendix

*Summary of EHRIA to be published on council website within relevant service pages

Other, please state where:

N/A

23. Please summarise the results of the Equality and Human Rights Impact Assessment and give an overview of whether the policy, procedure or function will meet the Council's responsibilities in relation to equality and human rights. This summary needs to include any practical actions you intend to take / have taken to reduce, justify or remove any adverse negative impacts.

An Equality & Human Rights Impact Assessment was initially carried out on the 13^th June. This was based on the analysis and assessments that were undertaken as part of the strategy formulation process from May through to end of September 2007.

Both positive and negative impacts were identified. The short-term negative impacts for those with disabilities, older people and carers are addressed in the longer term by changing the way in which we deliver services in the future and by the introduction of new initiatives, for example; Self-directed Support and by Telecare.