Joint Strategic Equality Plan 2012 - 2016 North Wales Police Force / Office of the Police and Crime Commissioner North Wales

Contents Foreword by the Chief Constable and Police and Crime Commissioner ................................. 2 1.

North Wales Police and North Wales Police and Crime Commissioner........................... 3

2.

Introduction ...................................................................................................................... 3

3.

How we developed our objectives ................................................................................... 9

4.

So what are the issues we discovered? .......................................................................... 10

5.

Implementing the objectives .......................................................................................... 12

6.

The Equality objectives ................................................................................................... 13

7.

Action areas/implementation ........................................................................................ 15

8.

What will success look like? ........................................................................................... 17

9.

How we will monitor objectives ..................................................................................... 17

10. Assessment of impact .................................................................................................... 19 11. Promoting knowledge of general and specific duties.................................................... 19 12. What next? ..................................................................................................................... 19 Appendix 1 ............................................................................................................................. 20 Appendix 2 ............................................................................................................................. 22 Appendix 3 ............................................................................................................................. 24 Appendix 4 ............................................................................................................................. 28 Appendix 5 ............................................................................................................................. 33

Foreword by the Chief Constable and Police and Crime Commissioner We are delighted to present the North Wales Police and North Wales Police and Crime Commissioner’s Joint Strategic Equality Plan 2012-2016. This plan outlines how we will meet the requirements of the general and specific duties of the Equality Act 2010. It demonstrates the work we have already undertaken to ensure the promotion of equality is central to all aspects of our service and employment and also highlights the challenges we face for the future. North Wales Police are committed to delivering a high quality service to all. We serve a diverse community, and it is vital that our officers and staff are able to engage with the different people in our communities to deliver a policing service appropriate to their needs. We work in partnership with groups and individuals, and actively listen to views and opinion from all sections of society about how we are doing as a police force, and what issues matter to them. We police by consent, therefore North Wales Police officers and staff have a key role to play in building trust and confidence, and ensuring that we deliver our services in a fair and consistent way, always upholding human rights. The needs of North Wales communities are wide ranging and the way policing is carried out in our communities can affect the quality of life of groups and individuals. Both the Force and the Commissioner are committed to doing everything within our power to prevent crime and anti social behaviour in our communities and the impact they have on victims. This plan is directly linked to the Police and Crime Plan and helps both the Police Force and Police and Crime Commissioner to meet the needs of our communities. We will monitor performance against the plan and will regularly review and assess activity to ensure we are moving forward to improve equality. 2012 brought radical changes to the governance of policing. Both the Force and Commissioner are looking forward to working together to promote equality and diversity within policing in North Wales. The equality duties that were formerly the responsibility of the Authority now fall to the Commissioner. Responsibility to meet the general and specific duties of the Equality Act continue with the Commissioner and will be managed by the Office of the Police and Crime Commissioner. During this new period in policing and beyond, we assure you that together, the Force and Commissioner will do our utmost to ensure that the people of North Wales are continually afforded an effective and efficient Police Service that meets the needs of all our communities. We would like to thank everyone, both internally and externally, who has contributed to the development of this plan and we will work diligently to ensure the Force and Commissioner deliver on the goals set.

Mark Polin, Chief Constable North Wales Police

Winston Roddick North Wales Police and Crime Commissioner

2

1.

North Wales Police and North Wales Police and Crime Commissioner North Wales covers the counties of Anglesey, Gwynedd, Conwy, Denbighshire, Flintshire and Wrexham and is one of the safest places to live in the United Kingdom. It covers a diverse area including urban and rural areas, Snowdonia National Park, 2 Ports (one at Holyhead on the Isle of Anglesey and the other at Mostyn in Flintshire), expanding industrial regions and numerous towns, many of which attract high numbers of tourists during the summer months. North Wales Police provide policing services to a population of 676,000 people and cover an area of 6,300 square kilometres. There are around 1500 Police Officers and 160 Police Community Support Officers along with over 800 police staff. North Wales Police and Crime Commissioner is one of 43 police and crime commissioners in England and Wales elected in November 2012 to oversee the work of the local police force. The Commissioner together with the Home Secretary and chief police officers are responsible for policing in North Wales. The Commissioner ensures North Wales Police Force is efficient and effective and seeks to improve performance and standards in the policing service delivered to North Wales’ diverse communities. Part of the Commissioner’s role is to make sure local people have a say in how their area is policed and to hold the Chief Constable to account for services delivered. The legal responsibilities that formerly fell to North Wales Police Authority in respect of the Public Sector Equality Duty has now transferred to the North Wales Police and Crime Commissioner.

2.

Introduction

2.1

The Equality Act 2010 On 1st October 2010 the Equality Act became law. This replaced all previous equality legislation including, the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976 (and Race Relations Amendment Act 2000) and the Disability Discrimination Act 1995.

2.2

The General Equality Duty As public bodies, both North Wales Police Force and the Police and Crime Commissioner are subject to the equality duty and must have due regard to the need to: •

Eliminate unlawful discrimination, harassment and victimisation

•

Advance equality of opportunity

•

Foster good relations

3

Everyone in Britain is protected by the Act. The “protected characteristics” under the Act are: •

Age

•

Disability

•

Gender reassignment

•

Marriage and civil partnership

•

Pregnancy and maternity

•

Race

•

Religion and belief

•

Sex

•

Sexual orientation

For North Wales Police and the Police and Crime Commissioner our duties under the Welsh Language Act 1993, Welsh Language (Wales) Measure 2011 and our Welsh Language Scheme are embedded into the delivery of this plan. We therefore also treat the Welsh language as a protected characteristic for these purposes. 2.3

Specific Duties Section 153 of the Act gives Ministers the power to impose specific duties through regulations. The specific duties regulations are legal requirements designed to help public bodies meet the general duties. The specific duties that we are bound by are summarised below. •

To set equality objectives. These are milestones to aim towards. Working towards and meeting these objectives will ensure improvements in equality performance and helps us to meet the general duty.

•

To publish sufficient equality information to demonstrate compliance with the public sector duty to eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity and foster good relations;

•

To include information on the effect of policy and practices on people who have a particular "protected characteristic" who are either employees or people affected by our service (effectively this is all people within the communities of North Wales).

•

To evidence analysis of policies and practices and details of information considered in this analysis (this means continuing to carry out assessment on the impact of policy and decisions).

•

To provide details of engagement undertaken.

Although North Wales Police and the Office of the Police and Crime Commissioner are public bodies in Wales, policing is governed centrally by the Home Office. North Wales Police and the Police and Crime Commissioner are therefore legally bound by the specific duties that apply in England. These are slightly different to the specific duties set in Wales by the Welsh Government. However, we have worked closely with other Welsh public bodies in the preparation of our Plan and 4

Equality Objectives and have endeavoured to set objectives that are consistent with the Welsh regulations. 2.4

Previous Equality Developments and Positive Outcomes Since the introduction of the Race Relations (Amendment) Act 2000, both North Wales Police and the former North Wales Police Authority had equality schemes in place to actively promote equality and fairness in the organisation in both service delivery and treatment of staff. The original equality schemes have been useful to help us identify issues of inequality and highlight action that should be taken to address these. Below are some recent achievements by North Wales Police where we have positively promoted equality and fairness within the different protected characteristics. Stonewall Workplace Equality Index. The Stonewall Workplace Equality Index is a benchmarking exercise which measures an employer’s policies and practices on lesbian gay and bisexual issues. North Wales Police first took part in the index in 2009 and was placed 50 in the Top 100 employers. Progress has been made on each subsequent application with significant improvement on all areas of operational and employee practices. In 2011 North Wales Police were placed 26 against national and international employers. This is an example of the commitment to ensuring that our policies and practices, both as an employer and service provider, take account of the needs of our lesbian gay and bisexual community members and staff. Sexual Assault Referral Centre North Wales Police led on the work to ensure the Amethyst Sexual Assault Referral Centre (SARC) is now fully operational with all partners. There are a number of specially trained police officers who work from the Centre which is victim focussed. It offers seamless care from the investigation and gathering of evidence to victim sexual health and counselling and support. It also has facilities especially adapted for children to create a less intimidating environment for young victims. Staff Networks North Wales Police have four networks which have been established to address under representation and raise awareness of barriers for particular protected groups. The networks made up of staff with a protected characteristic are: o North Wales Police Women’s Association - NWPWA o Black Police Association - BPA 5

o Disability Support Network - DSN o Gay Police Association. – GPA The networks have a voice on strategic committees and act as a ‘critical friend’ to the Force, helping to address policy issues and other real or perceived barriers. Each network has organised events appropriate to issues identified by their members, such as raising awareness of reasonable adjustments, interview skills and presentation skills courses. Issues raised have improved the recruitment, retention, development and progression of individuals from these groups and a greater understanding for supervisors of some of the barriers which may exist. Flexible Working Flexible working practices in operation have been accessed by many women and men to ensure that they can combine work and caring responsibilities. Two Ticks Award North Wales Police achieved the Two Ticks Award which places specific requirements on the organisation in terms of recruitment, progression and retention of people with a disability. SMS Text Service North Wales Police have introduced an SMS Text service for non emergency calls. An SMS text message can now be sent to the Force by people who are deaf, or have hearing or speech problems. The system was developed following consultation with members of the deaf community in North Wales. The service gives those who cannot use a (voice) telephone the ability to alert police by sending a text message. PocketComms An aid to improve communications between police and the diverse communities across North Wales was launched in 2011. The PocketComms scheme enables officers to communicate with people from a wide range of ethnic backgrounds as well as those who may be deaf or have learning difficulties. Using a simple yet comprehensive sequence of graphics, PocketComms enables members of the public to indicate the service they need and what may have happened to them. Officers can also establish health, religious and dietary needs and the package includes a guide to accepted cultural etiquette when visiting homes and religious meeting places. North Wales Police have distributed PocketComms to key areas of policing including front desks and in operational police cars. They have also been distributed to neighbourhood policing teams and custody areas.

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Community Diversity Liaison Groups North Wales Police have set up a number of community diversity groups as a platform to discuss and debate policing issues. Some of the groups have been meeting regularly for over ten years and have instigated many changes in police procedure and policy. The meetings allow for key issues such as Hate Crime and confidence to be taken forward. One of the most recently established groups is the North Wales Police Independent Advisory Group (IAG). Members of this group are able to support officers providing critical advice in significant incidents that affect the diverse communities of North Wales and can be called out to give advice to staff managing critical incidents. Hate Crime Low levels of reporting Hate Crime to the police has always been a problem. Community members, for various reasons may not feel comfortable to tell the Police what has happened to them. Recognising this problem, a third party reporting initiative in partnership with Safer Wales allows members of the public to report Hate Incidents without contacting the Police directly or having to give their personal details. North Wales Police Authority - Improved Community Relations The Police Authority were responsible for ensuring that local people were able to have a say in how their area is policed. It has always been important to have strong relationships with our communities. In recent years the Authority achieved better community ties and engagement by changing its approach to consultation and community engagement. The Authority adopted practices that enabled contact with people who would have been missed through traditional forms of consultation. The Authority was therefore also able to ensure issues about policing relevant to those communities were fed back through to the Force Improved Scrutiny and Governance The Police Authority were also responsible for holding the Chief Constable to account for services delivered. Through its committees, the Authority was able to scrutinise employment monitoring and set employment targets around recruitment and retention. Furthermore a strategic equalities group known as Grŵp HAWL was established to monitor equality impact assessments and review key equalities issues such as Stop and Search and Hate Crime. Members of the Authority were actively involved in Force events and initiatives to promote equality (some of which are listed above). Members took an active role in key Force equality scrutiny groups such as the Stop and Search monitoring group.

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2.5

Policing in North Wales North Wales generally has relatively low crime figures compared to other parts of England and Wales. There is a resident population of around 676,000 people and in addition there are significant increases in holidaymakers and day trippers at the height of the tourist season. North Wales Police is managed in 5 strategic business areas Local Policing – This function covers neighbourhood policing, response policing and the investigation of volume crime Crime Services – This function deals with public protection, serious and organised crime, intelligence, major incidents and Scientific Support. Operational Support Services – This function includes armed policing and firearms training, the Dogs Section, Air Support, Control Room and Custody Business Services – This deals with internal functions e.g. Staff, IT, Finance etc Corporate Services – This function deals with governance, professional standards and planning projects Each business area has a key role in effective policing in North Wales and the Authority scrutinises the Force on the performance of the various business functions. Each of the strategic business areas has been involved in setting the strategic equality objectives detailed in this Plan.

2.6

Financial Considerations – Value for Money From the outset we have considered the financial implications of this Equality Plan. It was important to ensure that sufficient resources be allocated whilst at the same time considering the reduced funding available in policing. We have had to make sure that meeting our equality duties under the Act is carried out in a cost effective and efficient way. There are a number of ways in which we have saved money whilst continuing our activity to ensure better equality outcomes for people. For example we have used data on staff opinions collected from existing surveys (Cultural Survey) which has reduced the need for further staff consultation. Externally, we have carried out joint consultation with other public sector bodies in North Wales. We shared an event that was well attended and gave us detailed feedback for a fraction of the cost of hosting individually. Creating a joint Equality Plan on policing with shared responsibility between North Wales Police and the Police and Crime Commissioner has also helped to reduce bureaucracy and reduce consultation fatigue amongst our communities. As the plan is reviewed annually, it will be necessary to allocate resources to ensure appropriate delivery of the outcomes whilst being proportionate and retaining value for money. 8

3.

How we developed our objectives During 2011 North Wales Police and the former Police Authority worked together to develop a Joint Equality Plan. We also worked with the North Wales Public Sector Equality Network to develop a set of shared equality objectives. The North Wales Public Sector Equality Network (the Network) is made up of a number of local partners including the six local authorities of North Wales1, Betsi Cadwaladr University Health Board, North Wales Fire and Rescue Service and North Wales Police. In setting both our own and objectives shared with local partners, we have followed the requirements of the specific duties. We have used national research, local information and information from engagement and consultation with staff and the public to inform our decisions on which equality objectives to set.

3.1

National Research National research is important in providing a starting point for developing our equality objectives. We have considered national information and reports relating to public safety and experience of service users. A list of the reports which we have used to inform our work is enclosed in Appendix 1 including links to the relevant documents.

3.2

Local Information Local information held by North Wales Police also informed our objectives. This local information is useful in answering questions such as ‘are the national trends reflected in my area?’, and allows us to identify local issues which may not be recognised nationally. Local Information, reports and data came from North Wales Police data systems. We analysed relevant data and reports and published this on the Police Authority’s website. This exercise has allowed us to consider where we have gaps in our information and potential action we may need to take to review our data collection. We will continue to review and analyse local information to ensure our objectives remain relevant.

3.3

Information from Engagement From the national information we were able to establish areas of concern and identify the groups who are most at risk of discrimination. We used this information to guide our engagement with local people. Our engagement focussed on common recurring themes and issues of joint concern. We discussed: Policy  Access to the built environment (this includes buildings and external areas)  Access to information

1

Anglesey, Gwynedd, Conwy, Denbighshire, Flintshire and Wrexham

9

 People’s experience as service users or employees  Confidence in North Wales Police as an employer  An open question on what steps could be taken to improve the experience for different groups living in North Wales and accessing the services The questions we asked are contained in Appendix 2. 3.4

How we engaged with staff and communities We engaged with stakeholders in a number of ways. Using existing and new forums we hosted several focus groups. The focus groups were made up of people from the protected characteristics. Participants were briefed on the Equality Act and on the general and specific duties. Their contribution has helped inform the objectives which are a key part of this Equality Plan. The events we held were inclusive and accessible to everyone who has an interest in this work however, we acknowledge that this is only the start. We will continue to involve people through the life of our Equality Plan, drawing on the experience of a wide range of stakeholders to inform our detailed actions, judge whether we have succeeded and consider what more needs to be done. For further details on our engagement see Appendix 3.

4.

So what are the issues we discovered? For ease of reference we have divided the objectives into three areas, Operational Delivery, People and Culture and Organisational Process.

4.1

Operational Delivery •

North Wales Police need to find new ways of engaging whilst maintaining current engagement practices. People told us that the established engagement practices were effective in ensuring that some voices were heard, however not all sectors or protected characteristics felt that North Wales Police engaged with them.

•

We need to make relevant information easily accessible to the public. People told us they would like more information about policies and procedures relevant to specific policing issues so that they know the type of service that they should expect.

•

Access to services Some said police stations were ‘a scary place’ with no privacy to report personal issues. People often did not know how to get into a Police Station and found it difficult to know, due to lack of signage, if the station was open or closed. Awareness of 101 number was also limited.

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4.2

•

Increase reporting of domestic violence and take action to reduce incidences. The Equality and Human Rights Commission report ‘How fair is Wales’ states that women are much more likely than men to be victims of domestic abuse, our own data supports this.

•

Increase reporting of hate crime and take action to reduce incidences. The ‘How Fair is Wales’ report indicates that some groups have low confidence in the Police and were reluctant to report incidents. Our own information shows us that concerns remain with under reporting of Hate Crime particularly for Disability, Homophobic and Transphobic crimes.

•

Improve relations with young people Engagement events highlighted that young people have a low opinion of the Police Service, particularly school age children. Our data on stop and search also shows that young people are the most likely people to be stopped. Many national reports have highlighted the need for greater relationship building between the Police and young people to deter criminal behaviour and provide better support to them as victims.

People and Culture •

Assess the culture of the organisation Over the last two years cultural surveys have highlighted issues regarding staff attitudes, behaviours and values.

•

Action needed to support staff and protect from domestic violence The Equality and Human Rights Commission (EHRC) report ‘Domestic Abuse Is Your Business’ highlights that in the UK at least three million women experience violence. The report also highlights that ‘75% of domestic abuse victims are targeted at work’. North Wales Police does not currently have a policy to support managers or members of staff who may be victims of domestic abuse.

•

Better understanding needed of staff with mental health issues A further EHRC report, “Not Just Another Statistic - Life in Wales for People with Mental Health Conditions” highlights that there are many negative portrayals and stereotypes. Internal engagement has highlighted a lack of understanding about mental health conditions, partly, because of the ‘invisibility’ of mental health issues compared to the ‘visibility’ of physical health conditions.

•

Positive Action Job segregation and lack of role models across all protected characteristics continues to evidence the need for positive action initiatives. Lack of understanding of positive action was highlighted in the Force Cultural Survey 2010/2011 and has also been highlighted in previous Cultural Surveys.

•

Pay Equality Nationally women working full-time currently earn 17.1 per cent less per hour on average than men, with the gap failing to improve in the past three years. The EHRC states 'there is demand from the public for organisations to build 11

their reputation on transparency and sharing information.’ The way we reward staff should be fair, and be seen to be fair. •

4.3

5.

Work place Resolution Scrutiny of the workplace resolution procedure has improved in the last year, however staff remain reluctant to take forward the formal procedure. There is a perception that going through the full process creates additional stress and anxiety.

Organisational Processes •

Monitoring – Confidence to disclose and collecting the information North Wales Police are unable to take action on discriminatory processes if we do not know the protected characteristics of our staff and service users. It is clear from numerous reports that individuals are currently still unwilling to declare their characteristics. Information on victims, offenders or service user satisfaction against some of the protected characteristics is not recorded.

•

Assessment of Impact to reduce Risk There is a higher risk that we will be in breach of our legal duties under the Act if we do not carry out and evidence assessment of impact on particular groups around the business decisions that we make.

•

Procurement The Stonewall benchmarking exercise indicated that North Wales Police could do more to ensure compliance with the principles of equality and diversity by the organisations from which it purchases goods and services. The equality legislation also requires that North Wales Police comply with duties in relation to procurement.

•

Commitment to delivery of Equality Plan In our engagement some people felt that the current economic climate was leading to a significant reduction in resources devoted to equality and diversity and some organisations were taking regressive steps on equality issues due to financial constraints. There was a feeling that minority views would not be heard and appropriate action taken to address the promotion of the general duty if there were insufficient resources allocated to this area of work.

Implementing the objectives The diagram below illustrates the process we have adopted to establish the objectives.

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Information from National Research

Local Information

Objective Setting Process

North Wales Police Business Areas – Equality Act Working Group

Community and Internal Consultation

Evidenced Based Objectives

Information from Engagement

After gathering national and local information and carrying out engagement, we established a working group made up of management from key North Wales Police business areas (i.e. Local Policing Services, Crime Services, Business Services, Operational Support Services and Corporate Services). The various departments undertook a review of their work to help inform the equality objectives. 6. 6.1

The Equality objectives Operational Delivery – delivering services that are accessible responsive and meet the needs of the communities. This includes:

6.2

•

Improving satisfaction in policing among all members of the community especially those who may feel disadvantaged excluded, vulnerable, isolated or marginalised.

•

Furthering the development of our approach to Hate Crime to improve our responses to incidents of anti-social behaviour, bullying and the abuse of people because of a protected characteristic.

•

Seeking to increase our understanding of community needs through proactive engagement by our staff with all our diverse communities especially those hard to engage groups to ensure that individual needs are recognised and addressed.

•

Working with diverse communities to minimise the impact that counter terrorism operations and activity can have on them, and to improve confidence.

People and Culture – Building an inclusive and supportive working environment that encourages development and progression of all staff. This includes: 13

6.3

•

Developing our culture so it includes everyone and recognises and respects individual values and peoples’ differences.

•

Improving how we recruit, keep and develop officers and staff from diverse communities and aim to reflect the communities we serve.

•

Making sure arrangements to reward and recognise achievement promote equality, diversity and human rights.

•

Training and developing our workforce to recognise the value of equality and human rights for policing and ensure that managers are meeting the needs of a diverse workforce.

Organisational Processes – embedding Equality into organisational processes and management of performance. This includes: •

Mainstreaming equality, diversity and Human Rights into everything we do by applying the National Policing Improvement Agency’s Equality Standard for the Police Service as the main leverage to achieve this.

•

Ensuring robust monitoring and inspection of our performance on Equality and Human Rights.

•

Making sure that processes for managing business and allocating resources and for procurement of goods and services promote Equality and Diversity.

It is the actions that we will pursue under each theme which will make a difference to all our communities and staff. Details of activity that we will undertake to implement each objective are set out in section 8 below. Implementing the objectives involves all North Wales Police’s business areas, therefore a detailed action plan will be drawn up to ensure that each area of the organisation is carrying out its responsibilities under this Plan. The action plan will be timebound and monitored on a quarterly basis by North Wales Police Culture Diversity and Welsh Language Committee and also through the Police and Crime Commissioner. There will also be an annual report that will detail progress and discuss any developments for future equality objectives.

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7.

Action areas/implementation

7.1

Operational Delivery In order to achieve the four objectives in relation to Operational Delivery we will undertake the activity outlined in the table below. ACTIVITY

7.1.1

Maintain current engagement and explore news ways of engaging with hard to reach and new and emerging communities at a Force and local level.

7.1.2

Ensure that access to information and communications and the customer service experience improves and that physical access to services, transport and facilities is also improved.

7.1.3

Actively engage to assess community tensions.

7.1.4

Ensure we have a robust strategy and process for dealing with Anti Social Behaviour capturing issues of vulnerability and repeat victims

7.1.5

Investigate the potential for multi agency reviews of serious hate crime

7.1.6

Proactively encourage community members to report hate crime through initiatives and promotion of processes.

7.1.7

Proactively encourage community members to report domestic violence through initiatives and promotion of processes.

7.1.8

Maintain/Improve process for Multi Agency Risk Assessment Conference (MARAC) for domestic violence.

7.1.9

Improve the relationship between the police and young people.

7.2

People and Culture In order to achieve the four objectives in relation to People and Culture we will undertake the activity outlined in the table below. ACTIVITY

7.2.1

Seeking the views of our workforce through the Cultural Survey and taking appropriate action to address issues identified.

7.2.2

We will formulate a policy and develop effective management practice to support staff who are victims of domestic violence.

7.2.3

Using positive action where and when appropriate throughout the organisation.

7.2.4

Making sure that there is transparency in our reward and recognition practices.

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ACTIVITY 7.2.5

Training and developing our workforce to recognise the value of equality and human rights for policing and ensure that managers are meeting the needs of a diverse workforce.

7.2.6

As part of our disability policy, we will establish appropriate processes and develop effective management practice in dealing with mental health issues that affect members of staff.

7.2.7

Comply with the Welsh Language Act 1993 and the Welsh Language Measure 2011.

7.2.8

We will ensure that staff have the confidence to use the workplace resolution procedure. We will encourage participation and take steps to ensure better understanding of the process.

7.3

Organisational Processes In order to achieve the three objectives in relation to Organisational Processes we will undertake the activity outlined in the table below. ACTIVITY

7.3.1

Each business services area will have local responsibility for gathering and capturing of equality and diversity issues.

7.3.2

Ensuring that a process for assessing the impact of policy and significant decisions is in place and carried out in all key areas.

7.3.3

Reviewing our service user and staff data capture systems to ensure that they are fit for purpose and gather appropriate equality information.

7.3.4

Our procurement of goods and services will take in to account the needs of protected groups and remove or minimise disadvantage experienced by people under the protected characteristics

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8.

What will success look like?

We will know we are successful when:Our communities report that they are satisfied with the services they receive from North Wales Police and feel safe and secure. Our communities report that they have confidence in the local governance of policing in North Wales. Our communities volunteer information, willingly engage with our policing initiatives and operations and we have acted on information provided. Equality, diversity and human rights considerations are embedded into everything we do. We can demonstrate fairness in policing and employment practices. All complaints and grievances including from minority and marginalised communities are resolved efficiently, fairly and within reasonable time frames. The actions detailed in the action plan have been completed to a satisfactory standard within the timeframes set. We have stronger information in relation to the protected characteristics about our staff and service users. The workforce more accurately reflects the community we serve across all business areas. 9.

How we will monitor objectives

9.1

Action Plan As with other strategic plans of North Wales Police, there will be a detailed action plan to determine actions to be taken by the various departments and business areas of the Force and Office of the Police and Crime Commissioner. The detailed action plan will be an internal working document that will be established following publication of the Equality Plan and on each yearly anniversary thereafter. It will be used to monitor progress against the objectives on a quarterly basis and also to inform an annual report at the end of each year.

9.2

Equality Standard The Equality Standard is a tool for collecting evidence of progress on equality issues. It provides an audit trail on achievements and highlights gaps in performance. The Equality Standard provides a platform for the different business areas of North Wales Police to evidence their work in meeting the objectives. This information can then be incorporated into the Equality Plan Annual Report. It can also inform the Force Three Year Strategic Plan, be used by inspection bodies such as Her Majesty’s Inspector of Constabulary (HMIC) or the Equality and Human 17

Rights Commission (EHRC), be used to give community updates or even used to carry out peer assessment. 9.3

Annual Report Each year the Equality Plan Annual Report will be produced to provide an update to our communities and staff on how we are meeting the objectives set out in the Plan. This report will include details of progress, areas requiring further development and if necessary, details of any proposed changes to the objectives. We will engage with our staff and communities on this Annual Report and on any proposed changes to the objectives including adding new objectives or altering the existing ones. This Annual Report will be made public on the Force and Police and Crime Commissioner’s websites and also distributed through our internal staff networks and external community liaison groups.

9.4

Strategic Plan North Wales Police has a 4 year strategic police and crime plan which highlights key priorities for the Force to progress. This plan is agreed and monitored by the Police and Crime Commissioner. Within this Equality Plan there are objectives which have been allocated to departmental leads. Specific objectives relating to the Equality Plan are incorporated into the police and crime plan. On a quarterly basis an update will be provided on the progress of the Equality Plan.

9.5

Stakeholders North Wales Police has a well established network of meetings with various diverse community groups. These meetings are used to discuss community concerns and allow us to get important messages out to particular communities. North Wales Police has also established a number of internal staff networks to discuss staff concerns around equality in the workplace. Updates on progress against the equality objectives will be provided to all our groups as well as discussion on any new work that could be incorporated in the future.

9.6

Police Authority/Police and Crime Commissioner The former Police Authority was an active partner in the activities to develop the equality objectives, including carrying out research, analysis and community engagement and therefore had a clear understanding of the background to the objectives and how these would be effectively monitored. The legal obligation to monitor the Equality Plan has now transferred from the Police Authority to the Police and Crime Commissioner

9.7

Culture, Diversity and Welsh Language Group The North Wales Police Culture Diversity and Welsh Language Committee has been established as the strategic working group to promote equality within North Wales Police. Chaired by the Chief Constable, the Committee meets on a quarterly basis, 18

includes staff who are key departmental leads, the Office of the Police and Crime Commissioner, staff associations and also a member of the North Wales Police Independent Advisory Group. The Committee will track progress against the plan and allow the Chief Constable and fellow committee members to challenge progress against each strategic action. 10.

Assessment of impact In order to comply with the General Duties under the Equality Act it is vital for the organisation to consider the equality impact of any decisions it makes. Furthermore, there is now case law which underlines the importance of effective assessment of impact (as opposed to following process that does not properly uncover if there are disproportionate impacts on certain groups) 2. The Police and Crime Commissioner requires that all reports received from the Force have an equality impact assessment. Furthermore, it is vital that strategic decisions are taken with full regard to the actual or potential impact on the protected groups. Training and guidance has been given to staff within the Force on factors that should be considered when carrying out equality assessments. Furthermore the Police and Crime Commissioner monitors key strategic equality assessments.

11.

Promoting knowledge of general and specific duties In October 2010 when the Equality Act became law, the Force Diversity Unit delivered a number of presentations across the Force informing managers and supervisors about the new legislation and its provisions. In addition all new recruits receive training on equality, including the general and specific legal duties, in their initial training packages. As part of the promotion of the equality duties, the Diversity Unit have also developed a marketing plan, to promote and remind officers and staff of our duties under the Act. The marketing plan includes details of how we will reinforce the message about our legal obligations through presentations, posters, our Intranet, internal publications and by sharing good practice. Full details of the marketing plan are included at Appendix 5.

12.

What next? Both the Force and Police and Crime Commissioner are working closely together to achieve the equality objectives in this Plan. We work within the requirements of the legislation and with the guidance of the Equality and Human Rights Commission. This Plan is a framework for our planned work on equality issues over the next four years. However, in that time it will adapt to the changing needs of our communities, changes in the social and political landscape and changes in policing that we face in the coming years.

2

R(on the Application of Green) v Gloucestershire County Council and R (on the application of Rowe and another) v Somerset County Council [2011] EWHC 2687 (Admin) – Go to Appendix 4 for legal analysis of these cases.

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Appendix 1

Bibliography of Reports

i)

Who Do You See/ Living Together in Wales, Equality and Human Rights Commission (2008)

ii)

Not Just Another Statistic - Life in Wales for People with Mental Health Conditions, Equality and Human Right Commission (2010)

iii)

How Fair is Wales, Equality and Human Rights Commission (2011)

iv)

Domestic Violence : A National Report London HMSO, Home Office 2005

v)

2010/2011 British Crime survey (BCS)

vi)

Statistics on Race and the Criminal Justice System 2010

vii)

North Wales Police Management Information Statistic Yearly report 2011

viii) North Wales Police Management Information Employee Monitoring Report 2010/2011 ix)

North Wales Police Gender Equality Scheme (Review)

x)

North Wales Police Race Equality Scheme (Review)

xi)

North Wales Police Disability Equality Scheme (Review)

xii)

Victim Satisfaction Survey North Wales Police 2011

xiii) Human Rights Inquiry – Equality and Human Rights Commission 2009 xiv) Just Ageing? Fairness, Equality and the Life Course - Final report - The Equality and Human Rights Commission December 2009 xv)

Gypsies and Travelers – Simple Solutions for Living Together Commission for Equality and Human Rights

xvi) Inquiry into the death of Victoria Climbie by Lord Laming 2003 xvii) ‘Death by Indifference’ Mencap Report 2007 xviii) Double Stigma - The Needs and Experiences of Lesbian, Gay and Bisexual People with Mental Health Issues Living in Wales – Stonewall Cymru 2009 xix) Inside Out Report – Stonewall Cymru 2007 xx)

Standing up for Wales – Welsh Labour Manifesto 2011 20

Bibliography of Reports xxi) Equality Issues in Wales: A Research Review, Equality and Human Rights Commission 2009 xxii) Equal Treatment, Closing The Gap – Disability Rights Commission 2005 xxiii) Better Public Services - Breaking the Silence on Violence Against Women – Equality and Human Rights Commission November 2009 xxiv) Better Public Services – Plugging The Gaps – Equality and Human Rights Commission November 2009 xxv) A Road Less Travelled - A Draft Gypsy Traveller Strategy Consultation Document, Welsh Assembly Government August 2009 xxvi) Sex and Power 2011 – Equality & Human Rights Commission xxvii) Hidden in Plain Sight – An EHRC Inquiry into Disability-Related Harassment, Equality and Human Rights Commission - September 2011 xxviii Anti Social Behaviour – Stop the Rot, HMIC 2010 xxix) North Wales Police Cultural Survey 2010

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Appendix 2 Consultation on Development of Equality Plan Public Consultation Questions 1.

Policy The Force has many policies which guide and dictate how certain policing functions are carried out. For example those that impact particularly on equality and diversity matters would be how we deal with hate crime, how we deal with incidents of domestic violence and how we deal with stop and search. (a) Is it important to you to have access to policy? (b) If so which policies would be most important? (c) Would you like involvement in policy development?

2.

Access to Police Buildings (a) Are you able to access local police stations? (b) If not what improvements could be made to make access more appropriate to your needs?

3.

Access to information about services (a) Do you feel you know the services that the Police can provide (b) What services would you like to know more about?

4.

Service User Experience (a) If you have been in contact with the Police do you feel you have been treated fairly? (b) Have you ever experienced discrimination, harassment or bullying by anyone who is employed or acting on behalf of the Police Service?

5.

Employment (a) Would you feel confident applying for employment with the Police Service? (b) If not what would make you feel more confident?

6.

Any other specific issues Any specific problems or issues you would like to bring to our attention (including prejudice, bullying, harassment and safety)?

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Staff Consultation Questions Policy Are you aware of any policy which adversely affects you and what could be done to ensure that you have a greater voice in policy development? Access Is your work area set up appropriate to your needs, if not what are the problems / barriers and what could be done to remove them? Information Do you receive information about what is important to you if not what information do you most need? Individual Experience in Work Do you generally feel that you are treated fairly in work if not what could be done to improve the situation?

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Appendix 3 Engagement Introduction To implement the Equality Act 2010 we developed an Engagement Plan. The plan was published on the website giving the public and staff, information on how they could be involved and contribute to the development of the objectives. People were able to complete an online questionnaire or attend one of the meetings. People were informed that if they would like to discuss issues relating to hate crime or other local community issues that the Force has two local Diversity Officers whose details were also published. Our Approach The cooperation, support and commitment of the public are essential in enabling us to deliver a policing service. We wanted people to actively participate in developing the policing service and to aide us in our work to meet the policing needs of the most vulnerable or marginalized groups by continuing to report crimes and provide information. Communication – Key Activities - Force Diversity Officers and their liaison with neighbourhood groups - North Wales Police and Crime Commissioner’s website – Equality and Diversity pages - North Wales Police website – Equality and Diversity pages Website of the Office of the Police and Crime Commissioner North Wales Police Community Liaison Groups We have worked closely for many years with the communities of North Wales. There were specific groups that we engaged to seek views. These groups meet at least quarterly at Police HQ, Colwyn Bay. -

Independent Advisory Group (IAG) Disability Equality Group Lesbian Gay Bi sexual &Trans gender Equality Group Transgender Equality Group Equality Steering Group

2011 Events - Force Open Day September 10th 2011 - Joint collaborative Public Sector engagement event September 2011 The engagement plan ran for three months starting 15th August to the 15th November 2011. The essence of what communities told us has informed our equality objectives and action plan.

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In brief our communities told us:Is it important that you have access to policy? The response was a resounding Yes for a number of reasons:‘Yes it is important for Victim support so that we know what victims should expect’ ‘Yes for better access to overall service’ ‘It is important for community to have an overall grasp of what the policy is trying to achieve’ ‘Need to know the principles of the policy or be signposted to where they can get it’ ‘A summary of key aims of policy and how it is put into practice’ ‘If something goes wrong people may need to know where they can access and will need the detail’ ‘Layers of function - e.g so long as a summary of key aims of policy and how its put into practice and people know how to access it, it is fine.’ ‘A useful 'myth busting' document available to people with learning disability so they are empowered with accuracy and able to challenge their carers should a carer be acting inappropriately’ If so which policies would be important? ‘Hate Crime’ ‘Stop and Search’ ‘Plain speaking - not using legislative phrasing.’ ‘A NWP Autism Policy’ ‘Disability Hate Crime, Bullying, Discrimination, Oppression, Harassment and the Police response to these.’ Would you like involvement in policy development? ‘Yes with specific identified policies which affect us’ ‘Need to ask all the questions and individuals will decide if it’s relevant. Want to be asked the question in the first place.’ ‘Groups such as IAG should have access and be consulted.’ Are you able to access local Police stations? ‘Police Stations are not friendly places’ ‘No booths for explaining why you are their’ ‘Not clear when stations are open or not. Sometimes says station is open and it's not. Not clear for public to understand if open or not or if can speak to someone or not.’ ‘Speaking over intercom re LGBT issues on High Street, not very appropriate.’ ‘Hate crime from being stuck outside, don’t want to be seen at a Police Station’ If not what improvements could be made to make access more appropriate to your needs? ‘Surgeries can be good’ ‘Need to raise awareness about better use of 101, e.g. general information.’ 25

‘Confidentiality booths are a good idea.’ ‘Advertise which stations are open and the times of opening’ Do you feel you know the services? ‘No ‘ ‘Information needs to be in other places other than the intranet’ ‘There needs to be more marketing of PCSO’ ‘Access needs to be for visitors to the area not just locals’ ‘Don’t always know about whether a crime should be reported.’ What services would you like to know more about? ‘101’ ‘Domestic Violence’ ‘Vulnerable adults - I didn’t know I was a vulnerable adult. I was being treated differently and I didn’t know why’ ‘Hate crime - what constitutes hate crime, difference between hate crime and hate incident - word out to wider community to help with this distinction.’ If you have been in contact with the Police in the last three years do you feel you have been treated fairly? ‘The force needs to share good practice with service users to develop confidence’ ‘Mostly yes’ ‘Control Room Staff give different advice every time people speak to a different member of staff’ ‘Valuing people with learning difficulties as witnesses (Police, CPS, Court - whole system to work together).’ Have you ever experienced discrimination, harassment or bulling by anyone who is employed or acting on behalf of the Police Service? ‘There is evidence that it is down to the individual officer personal attitude’ ‘Attitude - often leave a lot to be desired, attributed to officer being a 'response officer' ‘Most officers have been ok but one or two have an attitude.’ ‘Good to have a Police Officer at our level in the Community, people who are us - not just represent us, nice to see an Officer at a human level.’

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Would you feel confident applying for employment with the Police Service? If not what would make you feel more confident? ‘NWP - particularly good - other Forces not so good.’ ‘Minority groups in a big institution such as the Police are open to accusation eg, they’re not there on own merit, there due to ticking the box type thoughts.’ ‘No, the Police & Army exclude deaf/disabled people, 74% of this protected characteristic are out of work in Wales experiencing a lot of discrimination/isolation and had a poor education’ ‘There is still fear of being open and out’ Any Specific problems or issues that you would like to bring to our attention, including prejudice bullying harassment and safety? ‘it should be about needs not numbers’ ‘’People with protected characteristics should not be tasered.’ ‘Better publicity of the work of the liaison group to show and inform people why they take place and the positive outcomes that have arisen’ ‘Retain the diversity policy and work’

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Appendix 4 Legal Analysis of R(on the Application of Green) v Gloucestershire County Council and R (on the application of Rowe and another) v Somerset County Council [2011] EWHC 2687 (Admin)

Equality - Decision making and the Public Sector Equality Duty Another recent High Court case (R (on the application of Green) v Gloucestershire County Council; R (on the application of Rowe and another) v Somerset County Council) has emphasised how important it is for public bodies to be aware of their equality duties when making decisions. Introduction In this claim, the claimants successfully challenged decisions made by Gloucestershire County Council and Somerset County Council to significantly reduce funding for library services. The court held that the decisions of the county councils were unlawful. The claimants argued that the county councils were in breach of the Public Sector Equality Duty. While the claimants accepted that local authorities are subject to unprecedented financial pressures, they argued that limited resources could not justify a failure to comply with the Public Sector Equality Duty. The court very helpfully clarified what the Public Sector Equality Duty requires; it is therefore a very useful case that will help public bodies understand their equality duties. What is the Public Sector Equality Duty? The court explained that public bodies are required, in the exercise of their functions, to have "due regard" to specific equality needs found in section 149 of the Equality Act 2010.[1] Section 149 provides that public bodies, in the exercise of all their functions, must have due regard to the need to:

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eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by the Act;

•

advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

•

foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The eight protected characteristics are: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Public Sector Equality Duty is therefore a duty to have due regard to the need to achieve the goals of: (a) eliminating discrimination, harassment, and victimisation; (b) advancing equality; and (c) fostering good relations. What is due regard? Due regard is regard that is appropriate in all the circumstances. The court even paraphrased the words of WB Yeats in ‘An Irish Airman Foresees his Death’: the public authority must balance all, and bring all to mind before it makes decisions on what it is going to do in carrying out the particular function or policy in question. How do public bodies fulfil the duty to have due regard? Firstly, those who take decisions must be aware of the Public Sector Equality Duty. Therefore, an incomplete appreciation of the Public Sector Equality Duty will mean that due regard cannot been given. Secondly, due regard must be given before and at the time that a particular decision is made. Attempts to justify a decision as being consistent with the duty when the duty was not, in fact, considered before the decision, are not enough to discharge the duty. Thirdly, the duty to have due regard must be exercised in substance, with rigour and an open mind. It is not a question of ticking boxes. It is not essential that a public authority refers specifically to the Public Sector Equality Duty, though doing so: (a) is good practice; and (b) limits the scope for arguing that the duty has not been performed. Fourthly, the Public Sector Equality Duty is a non-delegable duty. The duty will always remain on the public body charged with it, even though in practice another body may actually carry out the practical steps to fulfil 29

a particular function or policy. In these circumstances, the duty will only be fulfilled if: (a) the public body appoints a third party that is capable of fulfilling the "due regard" duty and is willing to do so; and (b) the public body maintains proper supervision over the third party to ensure it carries out its "due regard" duty. Fifthly, the duty is a continuing duty. Sixthly, it is good practice to keep adequate records showing that due regard has been given to the needs set out in section 149. If records are not kept it may be more difficult for a public body to persuade a court that it has fulfilled the Public Sector Equality Duty. Failure to comply with the Public Sector Equality Duty Now that we are clear as to what the Public Sector Equality is, we can look at the court’s reasons for deciding that the county councils of Gloucestershire and Somerset had failed to comply with the duty. The crucial question was whether the duty had been carried out in substance. Although both county councils had prepared Equality Impact Assessments, the court made it clear that: (a) carrying out an EIA is not essential for conformity with the Public Sector Duty; and (b) producing an EIA is not evidence that "due regard" has been given to the equality needs set out in section 149. The court did not consider that the existence of an EIA ‘is in any way determinative that due regard to the statutory duties was had. It is of course substance not form which is the benchmark’. It added: ‘The real question…is whether there was a conscious directing of the mind by the decision makers to their obligations under the legislation and in particular the need to exercise the duty to have due regard in substance and with rigour based on sufficient information, appropriately analysed.’ The court heavily criticised the substance of the EIAs for a number of reasons, for example: •

the county councils had failed to draw proper conclusions once it had been realised that the library closures might have a disproportionate impact on vulnerable adults and children;

•

the assessment of the likely equality impact was inadequate, for example, there was no assessment of the impact on women and whether single mothers might be more reliant on libraries than others;

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there was no consideration as to how and to what extent disabled people would be able to use alternative services; and

•

there was no consideration of taking positive steps to promote the objectives set out in section 149. There had been no due regard in substance. In order to discharge their duties, the county councils should have undertaken a sufficiently thorough information gathering exercise and then properly analysed that information. In this case, the county councils had failed to comply with that obligation. Comment This case is another clear warning to public bodies that they must be aware of the Public Sector Equality Duty, otherwise they face the risk of their decisions being unlawful. The duty applies to all function of public bodies and that duty must at all times be carried out in substance. Public bodies in Wales may be at a slight advantage here because of the Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011. The Regulations impose additional specific duties on public bodies in Wales, and the aim of those additional duties is to help public bodies to perform the Public Sector Equality Duty. The Regulations, though lengthy and cumbersome, prescribe the detailed steps that public bodies in Wales must take and include duties to gather information and assess the equality impact of policies and procedures, i.e. two of the factors that led to the court deciding that the county councils in England had failed to comply with the Public Sector Equality Duty. For more information, please contact Eve Piffaretti

[1] The claimants also relied on equality duties found in the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995. However, since 5 April 2011 the equality duties in these Acts have been replaced by section 149 of the Equality Act 2010.

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Appendix 5

No 1.

Date March 2012

2

April 2012

3

April 2012

4

April 2012

5

April 2012

6

7

April 2012 and ongoing throughout the year May 2012

8

June 2012

9

May/Aug/Nov 2012

10

Quarterly (dates TBC) January 2013

11

Equality Act 2010 Marketing Plan 2012/2013 Activity Publication of the Equality Plan on Force and Authority websites and on Force Intranet. Distribution of bilingual posters across the Force area to raise awareness of Equality Plan to staff. Presentation of the Equality Plan and equality objectives to Culture Diversity Welsh Language Committees across all 5 Business Areas. Presentations to the Force staff networks to make them aware of the Equality Plan and their responsibilities in relation to achieving the equality objectives. Email to all employees promoting the general duties and the Equality Plan. Force induction programme to new Police Constables, Police Community Support Officers and other staff will include information on the general duties and the responsibilities of all staff in relation to this. Y Bont (The Bridge) is an electronic publication by North Wales Police Authority that keeps our communities informed of Police Authority business. An article will appear in Y Bont to promote the general duties and the Equality Plan. The Intranet video link will be used to promote the general duties and the Equality Plan. The quarterly community liaison meetings will be used to update members of the community on our activity in meeting the equality objectives. Publication of activity which has taken place will be promoted across the Force area via email. A review will take place of staff and community awareness of the general duties. We will take practical steps to ensure that both staff and our communities are aware of our equality duties on these issues.

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