Understanding how national initiatives promote anti discriminatory practice

Case Study 1 A pupil with cerebral palsy who is a wheelchair user is told she will be unable to attend a school trip to a local theatre putting on a production of a play she is currently studying in English, because the building is not wheelchair accessible. The pupil and her parents are aware that the play is also on at a theatre in a neighbouring city which is accessible but the school does not investigate this option.

Case study 1 What protected characteristic is potentially being discriminated against? Disability Could this be unlawful discrimination under the Equality Act 2010? This could be unlawful discrimination because of disability, as it could be considered a failure by the school to make a reasonable adjustment. What action could the person take? They could complain to the school. If they didn’t do anything about it, then she could speak to a lawyer and make a claim under the Equality Act 2010.

Case Study 2 A Muslim service user asks for some flexibility in the care activities timetable to fit in with his religious commitments linked to the month of Ramadan. He asks not to have to participate in the excersize classes held in the afternoon during the month of Ramadan when he will be fasting. This request is denied and he is required to attend the class as there is not enough staff available to assist him elsewhere. Another service user requests some flexibility in the timetable to fit in with his classes at his church. He is permitted to leave the activity session half an hour early on Fridays.

Case study 2 What protected characteristic is potentially being discriminated against? Religion and belief. Could this be unlawful discrimination under the Equality Act 2010? This could be unlawful discrimination because of religion and belief, although it could be objectively justified as a proportionate means of achieving a legitimate aim – i.e. it could be considered reasonable. What action could the person take? They could complain to the care home. If the care home didn’t do anything about it, then she could speak to a lawyer and make a claim under the Equality Act 2010.

Case 3 A school provides a work placement in joinery with a local firm. The school states that it is necessary for any applicant for this course to have taken woodwork at the school as an option in their design and technology course. There is a significant under-representation of girls on both the design and technology course and the woodworking option within that. In the same school, if pupils want to undertake a work placement in fashion and fabric design it is not necessary for them to have undertaken the textiles option in design and technology.

Case study 3 What protected characteristic is potentially being discriminated against? Sex Could this be unlawful discrimination under the Equality Act 2010? Yes his could be considered indirect sex discrimination as it will put girls at a particular disadvantage. What action could the person take? The school has a Public Sector Equality Duty to eliminate discrimination, advance equality and foster good relations, which includes tackling prejudice. The teacher/ student could raise this as an example of sexist behaviour.

Case 4 After a fight in a youth club common roomplay between Asian and White service users, the youth club limits the time the Asian pupils involved in the fight can spend in the common room during lunch hour but does not impose a similar restriction on the White pupils.

Case study 4 What protected characteristic is potentially being discriminated against? Race Could this be unlawful discrimination under the Equality Act 2010? This could be unlawful discrimination because of race. If ethnicity is one of the causes of the disadvantageous treatment of this group of pupils, this is likely to be direct racial discrimination What action could the person take? They could complain to the manager who should do something about it. If they didn’t then they could speak to a lawyer and make a claim under the Equality Act 2010.

Case Study 5 A service user undergoing gender reassignment is told she will not be able to attend the residential trip because they do not have any suitable toilet facilities.

Case study 5 What protected characteristic is potentially being discriminated against? Gender Could this be unlawful discrimination under the Equality Act 2010? This could be unlawful discrimination because of Gender. This is likely to be less favourable treatment because of gender reassignment, which would constitute direct discrimination. What action could the person take? They could complain to the manager. If the manager didn’t do anything about it, then she could speak to a lawyer and make a claim under the Equality Act 2010.

Tackling underachievement among ethnic minority boys A London school experienced issues with under achievement and behaviour among some ethnic minority pupils, particularly boys. It was felt that this was fuelled by issues around deprivation, low expectations within families about schooling and English as a second language. What could they do?

What they did To take corrective action, the school worked with a charity to develop a project that would improve behaviour, raise aspiration and facilitate a more positive attitude to learning. For one day every two weeks, the boys visited the charity to work with youth workers, who got them involved in positive activities, such as using role-play to resolve conflict, producing plans for their futures and looking at barriers to success and ways in which to overcome these. Pupils benefited from two terms of work and the evaluation showed that the students attendance to school, academic performance, behaviour and progression all improved.

Role Play You will be given a real life case study outlining a successful case where the equality act has successfully dealt with discriminatory practice This is a mime activity The other groups will guess what is happening in the case study and how the Act promoted Anti-Discriminatory practice

M2 and D1- Promoting Anti Discriminatory practice The Equality Act: One year on  As well as consolidating existing legislation, the Equality Act 2010 also extended discrimination protection to a wider range of workers and introduced new safeguards. Just over one year on from its introduction, is the Act making a difference? The Equality Act 2010 extended protection to the majority of those who work in any capacity, as well as job applicants who never start work, former employees and the self-employed. It also provided protection for the first time from discrimination by association or perception, and protection from discrimination arising from a disability. Several entirely new provisions came into force too, such as rules on gender pay reporting, pay secrecy and combined discrimination and a ban on pre-employment health questions. Sandra Wallace from law firm DLA Piper is cautiously optimistic about the Act's impact on employment practice. Writing recently in HR Magazine, Wallace stated that the Act's greatest success has been the harmonisation of over 100 separate discrimination measures, and that the disability discrimination provisions introduced by the Act have had 'an immediate and practical impact on employers, and forced employers to carefully review their old policies and procedures.' Progress has also been made on gender discrimination, with the Government taking steps to promote voluntary gender equality reporting. http://www.acas.org.uk/index.aspx?articleid=3616

Starter Explain how the equality act promotes anti discriminatory practice Read the article Explain how this links to anti-discrinatory practice and what national initiatives are discussed

The Equality Act (2010) (d1) You will be given an article You must explain The overall message of the article How it links to the Equality Act 2010 Does it support the effectiveness of the Equality Act in promoting Anti-Discriminatory practice?  Discussion suggesting that the Act will be or has been successful- and link this to anti-discriminatory practice Does it support the ineffectiveness of the Equality Act in promoting Anti-Discriminatory practice? Discussion criticising the success of the initiative- and link this to anti- discriminatory practice

Reference list for articles http://www.bbc.co.uk/news/health-37861712 http://www.independent.co.uk/life-style/health-and-families/health-news/end-of-life-care-report-show-minority-groups-face-poor-quality-service-a7019696.html https://www.theguardian.com/politics/2016/mar/24/duty-of-care-for-disabled-people-in-uk-not-being-met-say-peers https://www.theguardian.com/society/2017/jan/11/uk-needs-to-spend-quite-a-few-pennies-on-disabled-access http://economictimes.indiatimes.com/news/international/world-news/muslim-job-seekers-are-disadvantaged-in-uk-government/articleshow/56562756.cms http://www.thecanary.co/2017/01/09/transport-grinds-halt-shocking-images-show-must-striking-workers-right-images/

P4 – Powerpoint presentation P4 Explain how national initiatives promote anti-discriminatory practice You must explain three Legislations including The Care Act (2014) The Equality Act (2010) And One of the following: European Convention on Human Rights and Fundamental Freedoms 1950, Sex Discrimination Act 1975, Mental Health Act 1983, Mental Health (Northern Ireland) Order 1986, The Convention on the Rights of the Child 1989, The Children Act 1989, Race Relations (Amendment) Act 2000, Disability Discrimination Act 2005, Human Rights Act 1998, Data Protection Act 1998, Nursing and Residential Care Homes Regulations 1984 (amended 2002), Care Standards Act 2000, The Children Act 2004, Disability Discrimination Act 2005, Mental Capacity Act 2005, Age Discrimination Act 2006 Three Codes of practice and charters: Health and Care Professions Council; Nursing and midwifery council; The Information Comissioners Office; The Care Quality Commission, Skills for Care and Skills for Health Three organisational policies and procedures: advocacy, work practices, staff development and training, quality issues, complaints procedures, affirmative action, anti-harassment, confidentiality, human rights

Task Read the handouts and make notes on (four mind-maps) The Health and Care Professions Council Skills for Care The Nursing and Midwifery council The National Institute for Health and Care Now research online further details regarding What they do What are their objectives in regards to E & D? How they promote anti discriminatory practice?

Skills for Care Health and Social Care Professions https://www.youtube.com/watch?v=ZHWBYDABdSA Skills for Care https://www.youtube.com/watch?v=Zq9o_yEz4FE

The Health and Social Care Professions council- Standards of Proficiency Identify the parts of the Code that would suggest a promotion of anti-discriminatory practice

The CQC’s EDR objectives Summarise the content of their recent assessment of The state of health care and adult social care in England 2015/16 Equality of Access Equally good experience of services Workforce Equality Good Practice http://www.cqc.org.uk/sites/default/files/20161013_stateofcare1516_equality.pdf

Homework Over the next 3 weeks (For 10th Feb but we will look at this each Friday) You need to create a diary recording examples of how your setting promotes ant discriminatory practice. You could also ask practitioners at your setting to provide you with some examples This will form part of your last task Some ideas.. Identifying and challenging discrimination Relevant Policies and procedures (e.g E& D policy, training, safeguarding, advocacy, confidentiality) Person centred or individualised care Mental Health Support Advocacy Supporting communication of those in need Dealing well with conflicts