Item 10 - Fairer Scotland Duty
North Lanarkshire Council · 17 May 2023
Back to Health and Social Care Integration Joint Board — 17 May 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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1 REPORT Item No: 10 SUBJECT: Fairer Scotland Duty guidance update TO: Integration Joint Board Performance, Finance & Audit Lead Officer for Report: Morag Dendy, Head of Planning, Performance and Quality Assurance Author(s) of Report Kerri Todd, Head of Health Improvement DATE: 17 May 2023 1. PURPOSE OF REPORT This paper is coming to the IJB for: For approval ☐ For endorsement ☐ To note ☒ The purpose of this report is to update the committee on progress made on embedding Fairer Scotland Duty requirements into routine business of the HSCP. 2. ROUTE TO THE BOARD This paper has been: Prepared By: Kerri Todd, Head of Health Improvement ☒ Reviewed By: HSCNL Core Management Team ☒ Endorsed By: ☐
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2 3. RECOMMENDATIONS It is recommended that the IJB Committee: (1) acknowledge the amendments that have been made to committee templates to embed reporting on Fairer Scotland Duty assessments. (2) approve the project management approach being taken through the Strategic Commissioning Plan Programme of Work which will monitor the actions that arise from the Fairer Scotland Duty assessments. 4. VARIATIONS TO DIRECTIONS? 5. BACKGROUND/SUMMARY OF KEY ISSUES Background 5.1 The Fairer Scotland Duty (FSD) came into force in Scotland on 1st April 2018 and aims to protect those most affected by poverty in communities. The duty places a legal responsibility on particular public bodies to actively consider (pay ‘due regard to’) socio-economic inequalities of outcome when making strategic decisions. 5.2 The duty is enshrined in Section 1 of the Equality Act 2010 and places a legal responsibility on particular public bodies, including Integrated Joint Boards, NHS Boards and Councils. The duty does not override other considerations such as equality or best value. 5.3 The 2010 Act specifies that in deciding how to fulfil the duty, organisations must take into account any guidance issued. The Scottish Government published interim guidance for public bodies in March 2018 which was refreshed in October 2021 to incorporate learning from the implementation plan. The implications of the updated guidance for the FSD were reported to this committee in February 2022. 5.4 It was agreed that robust governance processes required to be implemented to assure the Integrated Joint Board that the FSD was being met and review processes were embedded into the project management of the Programme of Work. Additionally, professional and operation leads required support to undertake these assessments. Progress Yes ☐ No ☒ N/A ☐
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3 5.5 Discussions with key personnel in NHSL and NLC have progressed to ensure that robust processes are in place to meet the requirements of the FSD as well as equalities mainstreaming. 5.6 IJB committee papers have been amended to include specific reference to Equality Impact Assessments and FSD assessments so members can be assured that the needs of specific populations have been considered and action taken where required to meet these (see section 7.6). 5.7 The NHSL integrated equality impact assessment (EQIA) template has been updated to incorporate the FSD seven key questions to help public bodies determine how well they have paid ‘due regard to’ their strategic decisions. Recognising the need to be comprehensive, the template also includes questions to incorporate the key elements of the Children’s Rights and Wellbeing Impact Assessment tool. Where assessments indicate it is required, an action plan is developed to address any inequalities odentified. The NHSL Equalities Lead has implemented a monitoring process to prompt lead managers to review their action plans and confirm they are completed. All EQIAs are saved on the NHSL intranet so they are available for scrutiny and as examples of good practice. 5.8 NLC has updated its template for committee reports to include reference to the Public Sector Equality Duty and FSD so all papers must consider if a full assessment is required and document if this has been undertaken. 5.9 In keeping with these approaches, project management of the Strategic Commissioning Plan Programme of Work will support monitoring across all elements of equalities and the FSD, ensuring that robust assessments are undertaken and action plans are delivered. In line with the requirements from the Equalities and Human Rights Commission, EQIAs will be added to the HSCNL website (https://hscnl.org.uk/about-us/). 5.10 To build capacity across professional and operational leads to implement EQIAs and FSD assessments, Scottish Government Covid Recovery funding was secured to create a 2 year, fixed term post to provide training and support for managers. The postholder advises staff undertaking EQIAs and supports them to access local datasets to aid decision making. 6. CONCLUSIONS 6.1 Significant progress has been made to embed robust processes that ensure the requirements of the FSD (alongside EQIAs) are in place. 6.2 The Programme of Work to implement the Strategic Commissioning Plan will take a project management approach that will support these processes and monitor any actions that arise from FSD (or EQIA) assessments.
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4 7. IMPLICATIONS 7.1 NATIONAL OUTCOMES Link(s) to National Health and Wellbeing Outcomes People are able to look after and improve their own health and wellbeing and live in good health for longer ☐ People, including those with disabilities or long-term conditions, or who are frail, are able to live, as far as reasonable practicable, independently and at home or in a homely setting in their community ☐ People who use Health and Social Care Services have positive experiences of those services, and have dignity respected ☐ Health and Social Care Services are centred on helping to maintain or improve the quality of life of people who use those services ☐ Health and Social Care Services contribute to reducing health inequalities ☒ People who use Health and Social Care Services are safe from harm ☐ People who work in Health and Social Care Services feel engaged with the work they do and are supported to continuously improve the information, support, care and treatment they provide ☐ Resources are used effectively and efficiently in the provision of Health and Social Care Services ☐ 7.2 ASSOCIATED MEASURE(S) None 7.3 FINANCIAL This paper has been reviewed by Finance: 7.4 RISK ASSESSMENT/RISK MANAGEMENT Relevant Risk Register Details Current Risk Level Risk Owner Choose an item. 7.5 PEOPLE Yes ☐ No ☐ N/A ☒
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5 Where required, professional and operational leads are supported to implement the FSD guidance and complete EQIAs for their services. This ensures that services are as inclusive as possible and consider the specific needs of people who experience poorer outcomes. 7.6 INEQUALITIES & FAIRER SCOTLAND DUTY EQIA Completed & Fairer Scotland Impact Assessment Form Completed and attached to report: EQIA added to website: 8. BACKGROUND PAPERS Fairer Scotland Duty – Guidance for Public Bodies https://www.gov.scot/publications/fairer-scotland-duty-guidance-public-bodies/ 9. APPENDICES Please include a glossary of terms if not already included. CHIEF ACCOUNTABLE OFFICER (or Depute) Members seeking further information about any aspect of this report, please contact the following; Kerri Todd, Head of Health Improvement, kerri.todd@lanarkshire.scot.nhs.uk Yes ☐ No ☐ N/A ☒ Yes ☐ No ☐ N/A ☒
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7 Direction from North Lanarkshire Integration Joint Board (IJB) 1 Reference Number 2 Report Title 3 Date direction issued by IJB 4 Date from which direction takes effect 5 Direction to: 6 Does this direction supersede, revise or revoke a previous direction – if yes, include reference number(s) 7 Functions covered by direction 8 Full text of direction 9 Budget allocated by Integration Joint Board to carry out direction 10 Performance Management / Governance arrangements 11 Date direction will be reviewed
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