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UK Home Office: Promoting Race Equality

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Promoting Race Equality

The National Probation Directorate

April 2002
Foreword by the
Home Secretary
This Government has always made it clear that it wants the public sector to set the pace in the drive
for race equality, to lead by example in the process towards achieving a society where there is
respect for all, regardless of their race, colour or creed, and a society which celebrates its cultural
richness and ethnic diversity.

Race equality is a moral imperative – that is why we have been working to provide the right
legislative and administrative frameworks to help achieve race equality in Great Britain. The Race
Relations (Amendment) Act 2000 placed a statutory duty on some 40,000 public bodies to have
due regard to the need to promote race equality in carrying out their functions, and the Order
subsequently laid late last year set out specific duties intended to help public bodies meet the
general duty. One of these duties is the publication of a race equality scheme setting out how we
will meet our new obligations. I am very pleased to put my name to this first Home Office Race
Equality Scheme.

Publication of this Scheme represents a very significant step forward. It is not, however, the end of a
process; rather it is the start of a new phase. This Scheme is a living document – it is not set in
stone. We recognise that we will not get everything right first time, and we will actively welcome
comments which we will be able to consider when the scheme is reviewed.

I know that many people will be watching our progress in implementing the Scheme. Rest assured
that as Home Secretary, I will be doing all in my power to ensure that the Home Office delivers race
equality as a service provider, as a policy maker and as an employer.

Rt. Hon. David Blunkett MP


Home Secretary

1
The NPD is responsible for the overarching
strategic objectives and targets of the NPS,
whose aims are:

• Protecting the public


• Reducing re- offending
• The proper punishment of offenders in the
community
• Ensuring offenders’ awareness of the
effects of crime on the victims of crime and
the public
• Rehabilitation of offenders
The NPD operates within the Government’s
Correctional Policy Framework, contributing
to Home Office Aims:

3 To ensure the effective custodial and


community sentences to reduce re-
offending and protect the public, through
the prison and probation services in
partnership with the Youth Justice Board

4 To deliver custodial and community


sentences to reduce re-offending and
protect the public

7 To support strong and active communities


in which people of all races and
backgrounds are valued and participate on
equal terms

2
Foreword
I have set out in the ‘New Choreography’ my vision and commitment to diversity for the National
Probation Service. The investment in race equality within the modernisation process continues to
produce encouraging results. Our achievements to date include:
• Appointment of 9 minority ethnic Local Probation Boards Chairs where previously there were none;
• Appointment of over 70 minority ethnic Board members where there were only a handful;
• At the end of 2000, 9.8% of all Probation staff were from minority ethnic groups compared with
9.3% in 1999 (Home Secretary’s target of 8.4% for the year has been exceeded);
• 500 black and Asian offenders are being researched currently to inform the service’s development
of programmes for minority ethnic offenders; and
• the MacPherson definition of racist behaviour is accepted by the NPS and work is underway to
develop a pathfinder programme for racially motivated offenders.
The Stephen Lawrence Report and the HMIP Thematic, ‘Towards Race Equality’ provided us with
ample evidence of the need for improvement on race equality and I have responded to this by
leading a programme of structural, policy and cultural change for the NPS. A wider representation at
Board level and the designing-in of diversity objectives into the business of the NPS has provided us
a good foundation on which to build our actions and commitment in respect of our general and
specific duties under the Race Relations (amendment) Act 2000.
I am aware of areas where we need urgent improvement.
• the lack of minority ethnic staff at senior levels
• unsatisfactory race and ethnic monitoring records
• evidence within the Thematic of unequal service delivery between white and minority ethnic
offenders.
• Retention of staff
I believe that the NPS and the NPD Schemes give us a statutory framework to locate our Diversity
Stretch Objectives and actions and to further demonstrate our commitment to race equality and
indeed the wider diversity agenda.
I invite all staff of the NPS including the NPD to take a deep personal interest in the equality Scheme
and embrace the principles of the new legislation. I want us to be a leader in engaging pro-actively,
evidencing actions and results in promoting race equality and good relations in both our dealings
with colleagues within the NPS our dealings offenders and the wider community.
I expect no less than 100% commitment to this Scheme and the accompanying action plans from
every employee of the NPS including the NPD.

Eithne Wallis
National Director
National Probation Service for England and Wales

3
Contents
Introduction Page 5

Part 1: NPD Associate Race Equality Scheme Page 6


(a) Introduction Page 6
(b) National Probation Directorate Page 6
(c) Lead Official Page 7
(d) Coverage Page 8

Part 2: The NPD Associate Scheme – The Specific Duties Page 9


(a) Assessment of Functions Page 9
(b) Assessing and Consulting Page 10
(c) Monitoring Arrangements Page 13
(d) Publishing Results Page 15
(e) Access to Information and Services Page 16
(f) Training of Staff Page 17

Part 3: Complaints Page 19

Annex A The NPD Scheme Page 20

Annex B List of NPD Functions Falling Within the Scheme Page 24

Annex C Diversity Clan Structure Page 27

Annex D Census Categories Page 28

Annex E Main Groups Relevant for Consultation Purposes Page 29

4
Introduction and Brief Summary of Duties
and Key Actions

Diversity is the seventh of the nine stretch The Home Office’s commitment to building a
objectives for the National Probation Service. fairer, more inclusive society is fully shared by
It commits the organisation to valuing and the NPS and the Home Office race equality
achieving diversity in the National Probation strategy will be integral to NPS current and
Service and the services it provides. emerging practices and policies.

The Service will ensure the accessibility and The NPD as the 43rd part of the NPS has to
acceptability to all of: operate within this framework ensuring that
the ownership and delivery of stretch
• the new organisation itself, and objectives VII is applicable to all staff working
• the services it delivers in NPD and the services provided by the NPD.

Three key strategic imperatives are associated


with the diversity objective for the NPS.

• Simple justice – no one should be excluded


from the NPS or the services it delivers
because of their gender, race or ethnicity,
religious beliefs, disability or sexual
orientation.

• Business effectiveness – the NPS needs to


be able to recruit and promote the very
best staff and by definition this means
having access to the full range and diversity
of the wider population. To be effective in
its core business, the service must make its
core services accessible to offenders and
victims in ways, which are acceptable to
them.

• Earning the confidence of the public it


serves – The NPS will be representative of
all sectors of the community. Probation
Boards and staff personnel in their make-up
will reflect the communities it serves and
their interests.

5
Part 1:
NPD Associate Race Equality Scheme

(a) Introduction (b) The National Probation


Directorate
1.1 The Home Office is meeting its general
and specific duty obligations under 1.3 The National Probation Directorate,
section 71(1) of the amended Race together with 42 local probation areas,
Relations Act 1976 by a two- tier Race forms the NPS (National Probation
Equality Scheme. Service). The National Director and the
• First, there is an overarching Home London - based Directorate are
Office Scheme which sets out the responsible for the overarching strategic
principles and practices applicable objectives and targets for probation. The
throughout the Home Office and its Directorate links with other Home Office
constituent parts; and and Government Departments and is
• Second, a series of individual Associate accountable to the Home Secretary and
Schemes for each of the constituent Parliament.
parts of the Home Office, which reflect
the special needs and priorities of those 1.4 The 42 Boards are named under the Act
parts. as independent statutory bodies and
therefore are required to produce their
1.2 This document is the Associate Scheme own independent Race Equality
for the National Probation Directorate, Schemes. As the Local Probation Boards
and it is available to all staff and are the vehicles for delivering the Home
members of the public via the Home Office aims, the Boards are the
office website. Hard copy versions are responsible bodies within which the
being made available to all Strategic NPD’s obligations to meet the general
Heads, Chief Officers, Secretaries to and specific duties are located and
Probation Boards, and Regional focused. The NPD has produced a
Managers. All employees are to have a National framework for Area Boards to
summarised version and a helpful adapt to local needs.
reminder card. This will be made
available electronically as soon as 1.5 The NPD Associate Scheme includes
possible. obligations on employment issues,
which are essentially similar to the core
Home Office and other HO Agencies.
At present, NPD employees are covered
in the scheme for the Home Office.

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1.6 The table below sets out a brief – Timescale: May 2002 onwards
summary of the NPD’s Associate Race • Training staff on issues relevant to the
Equality Scheme Duties and Key Action duty
Plans – Timescale: Undertake detailed
evaluation by March 2003
GENERAL DUTIES
(c) Lead Official
• Eliminate unlawful racial discrimination
• Promote equality of opportunity 1.7 The NPD is very aware that there must
• Promote good race relations between be clear accountability for the
people of different racial groups implementation of this Associate
Scheme to be successful, and for race
Action: All staff of NPD are expected to equality to be effectively embedded
demonstrate evidence of commitment to within the essence of the core NPD and
valuing diversity and actions aimed at its business. As evidence of commitment
ensuring the NPD integrates race equality to race equality issues, Diane Baderin
into all aspects of employment and was appointed as the National Probation
service delivery practices (See Stretch Service Head of Diversity in August
Objective VII - The New Choreography, 2000. She has been working with the
An Integrated Strategy for the National forty-two local Probation Boards as well
Probation Service 2001 –2004) as the NPD to take forward the NPS
diversity objectives. She is the Lead
SPECIFIC DUTIES Official with the responsibility for the
development and delivery of this
• Production of Race Equality Scheme Associate Scheme. She will also work in
• Identify and list all of the functions that collaboration with the 42 local Probation
fall within the Race Relations Boards to ensure there is consistent and
(amendment) Act 2000 and review quality responses across the Areas in
continuously relation to Local Race Equality Schemes.
– Timescale: May 2002 onwards
• Set out arrangements for assessing and Diane can be contacted on 020-7-217-
consulting on the likely impact on the 0739, or via e-mail at
promotion of proposed new policies diane.baderin@homeoffice.gsi.gov.uk.
– Timescale: May 2002 onwards
• Monitoring of policies for adverse
impact on the promotion of race
equality
– Timescale: June 2002 onwards
• Publishing the results of assessments,
consultations and monitoring
– Timescale: June 2002 onwards
• Ensuring access to information and
services

7
(d) Coverage

1.8 The NPD Scheme applies to all those


who work within the NPD, as described
in section (b) above, irrespective of
whether they are involved in policy
development, service delivery or have
an administrative support role. Included
also are seconded staff, those working
under special contracts and agency staff.
The inclusion of the latter categories will
be monitored over the next twelve
months to identify emerging issues and
work out suitable approaches.

8
Part 2:
The NPD Associate Scheme –
The Specific Duties
2.1 The NPD Associate Scheme follows the 2.5 As the NPD is a new Directorate, the
broad outlines of the overarching Home decision is to include as many as
Office Scheme, but it informs the possible of its current and potential
development of policies and the delivery functions at this stage. The list at Annex
of services within the NPD. B reflects a first sifting exercise. Each of
the functions will be subject to rigorous
2.2 The Scheme will be reviewed annually impact assessment over the next twelve
by the Head of Diversity as part of the months. Each Strategic Head will be
annual business planning process so as required to conduct an impact
to ensure that it remains relevant and fit assessment of functions under their
to deliver the changes sought by portfolios using a GRID to be provided
Ministers and the NPS Strategic Board. by the end of May 2002. The result of
the assessment and the categorisation of
2.3 The impact of the Associate Scheme, in functions into priority areas in years 1-3
terms of delivering the significant will be published when available.
changes in policy development and
service delivery that Ministers and the 2.6 This list will be reviewed annually as
NPS Strategy Board seek, will be part of the annual business planning
evaluated on a regular basis. As the process between October and January
NPD is a newly created organisation, each year. Where the relevance of a
there are a number of changes taking new function is not clear, it will be
place and the responsibilities associated included within the list until a
with the Scheme will be incorporated subsequent review decides otherwise.
into the NPD change programme. As
the Scheme needs time to bed in 2.7 New pieces of work arise throughout
properly, milestones set from the outset the year; Strategic Heads will ensure
will be subject to quarterly review. that the relevance of such new work to
the NPD Associate Scheme is considered
(a) Assessment of Functions at the outset of the work. The Head of
Diversity will monitor the new pieces of
2.4 For the purpose of its general duty to work and require Strategic Heads to
promote race equality, the list of bring new work to notice. A list will be
functions undertaken directly or maintained in the Diversity Unit.
overseen by the NPD, are set out in the
Annex B.

9
Some examples of the existing guidance and 2.9 All new policies must have race equality
processes supporting pieces of new work as a core element, and be assessed as to
which include cross-reference to the NPD whether they have an adverse effect on
Scheme are: members of minority ethnic groups.
Strategic Heads will ensure that all
– The pilot programme incorporating policies are assessed.
assessment centres, mentoring and
coaching; THE FOLLOWING STAGES ARE
– The development of assessment ESSENTIAL
centres for the appointment of Trainee
Probation Officers; REGARDING ASSESSMENT:
– Recruitment of chiefs, chairs of Boards
etc; 2.10 The assessment of any policy should
– OASys (system for assessment of specifically cover two question
offenders); • Is there any evidence that some racial
– What Works programme; groups could be adversely affected?
– Recruitment and Selection Guidance • Is there any public concern, especially
for NPD; and from minority ethnic people about
– 22 Action points in the Report to the possible discrimination?
Home Secretary ' Developing Minority
Ethnic Representation in Probation 2.11 Answers to these questions will form a
Services'. written Race Equality Statement and be
included in the Assessment and
(b) Assessing and consulting consultation Report accompanying any
policy.
2.8 The development of new policies is a
key activity of the NPD and some of 2.12 All policies and policy proposals will
these, especially in the Human Resource undergo an initial equality impact
field have a direct impact on NPD staff. assessment to see if there is:
But NPD policy makers will take the
wider perspective to judge the effect on • Evidence of higher or lower participation
offenders, members of the public and or uptake by different groups;
other NPS stakeholders. However, some • Evidence that different groups have
policies are developed quickly as a different needs, experience issues and
reaction to a national emergency (e.g. priorities in relation to the policy area;
the paedophiles register) while others • An opportunity to promote equality of
form part of more formalised and long- opportunity or good race relations by
term projects. The NPD’s arrangements altering policy or working with others;
for assessing and consulting on new • Indications, from consultations with
policies will take a pragmatic approach relevant groups, organisations or
to the range of imperatives faced. individuals, that the policy may create
problems that are specific to them;

10
2.13 The initial and full impact assessments – HMIP Performance audit documents,
should draw on the widest range of – The CRE Leadership Challenge
information available including all or
most of the following: REGARDING CONSULTATION:

• Historical, demographic and other 2.15 Consultation will be governed by the


statistics data, including census data; following guiding principles:
• Existing surveys or similarly established
mechanisms, or in their absence • consultation should begin as early as
consider a specially commissioned possible in the process of policy review
exercise; or formulation;
• Comparisons between similar policies in • consideration will be given to which
the other parts of the Home Office, method of consultation is most
National Probation Directorate or other appropriate in the circumstances;
public authorities; • the accessibility of the language and
• Survey data; format of information must be
• Race and Ethnic monitoring data; considered to ensure there are no
• One-off data gathering exercises; barriers to the consultation process;
• Specially commissioned research. • specific training will be given to those
engaged in the consultation process;
2.14 The Head of Diversity will maintain a • adequate time should be allowed for
register of complaints received and groups to consult amongst themselves
outcome and this will be accessible to as part of a process;
guide policy assessment. • appropriate measures should be taken
to ensure full participation in any
Assessment tools include: - meetings;
• information should be made available to
– A New Choreography: The Integrated ensure meaningful consultation;
Strategy Framework 2001- 2004 • exercise should be meaningful,
(particularly stretch Objective VII) representative, effective and
– Diversity Check List proportionate;
– Annual Probation Statistics • engage effectively with those from
– Home Secretary’s Employment Targets minority ethnic communities both at
– Towards Race Equality: HMIP community and professional level;
Thematic
– Report on Recruitment, Retention and 2.16 Strategic Heads will be required to
Progression of Minority Ethnic Staff produce a written report of any
– Race Equality examples of best consultation process, which will form
practice report part of the race equality impact
– The Performance Management assessment. This in turn will accompany
Framework including Better Quality any new policy proposal or review put
Services Review and European forward for approval.
Excellence Model

11
2.17 The Head of Diversity will publish the Committee; and
results of assessment and bodies On voluntary sector issues;
consulted in relevant minority ethnic – the Council for Ethnic Minority
staff Association Newsletters, Diversity Voluntary Organisations.
unit reports and NPD other relevant On local issues;
reports. – The local REC *Criminal Justice Liaison
Committee
2.18 The Diversity Unit will support the – Home Office: Connecting
process of consultation by: Communities Initiative
(a) providing guidance and advice in – Police: Community Safety Strategy to
written/ oral form; address racial harassment and racially
(b) developing a list of groups, motivated crime
organisations and individuals with On staffing issues;
whom consultation may be carried – Association of Black Probation Officers
out. This list will be in two parts: – National Association of Asian
(1) those with whom there should be Probation Staff
consultation on all policies and, – NAPO
(2) those who should be consulted in – The Home Office Network
relation to a particular business area. – The TUS and Equality Opportunities
See an initial list in Annex E. sub committee

This list will be revised and added to annually 2.19 Consultation and the Diversity Centrally
Led Action Networks (CLANs).
(c) maintain a register of individuals and
groups consulted by Strategic Heads The CLANs are designed into the system
and policy developers. (Details of of the new NPD to help it achieve
groups and individuals consulted in effective connection between the
relation to a particular policy will be Directorate and the 42 Local Areas and
notified to the Head of Diversity for to make its business more accessible to
registration) a diversity of experts internally and
externally. The CLANs structure and
The Strategic Head will ensure appropriate membership makes it a useful
and relevant consultation is carried out. consultation channel. The Diversity
CLANs (see Annex C) will be used for
Assessing and Consulting consultation purposes.
The professional bodies who might be
2.20 If as a result of the assessment and
consulted on policy issues in section 2.10
consultation arrangements it is
(iii) above, might include, for example:
determined that a proposed policy is
– NAPO
likely to have an adverse impact on
– National Black Police Association;
minority ethnic communities, those
On criminal justice issues;
responsible for the policy will consider:
– the Bar Association’s Race Relations
• The alternatives that could meet the

12
objectives without any adverse impact; suitable and proportionate, and if not to
• Whether the adverse impact is take appropriate steps to rectify the
unavoidable, and whether it can be situation.
justified in relation to the aims and
importance of the policy; 2.25 If this monitoring identifies that a policy
• Any measures that would help to reduce has, or is likely to have, an adverse
the predicted adverse impact; and impact on those from a minority ethnic
• Whether a second round of consultation community, then, like section (c) above,
should be undertaken - this is likely to the responsible NPD Strategic Head will
depend on how much of an effect the consider how best to react to that
policy will have on people’s daily lives differential. The Director will decide
and how much difference there is when such monitoring issues should be
between the new and the original brought to the attention of Ministers.
proposals.
2.26 Human Resources Section will be
2.21 Such plans will form part of the periodic expected to provide data on minority
reports in submissions to Ministers. ethnic staff in the NPD using the 16+1
2001 census categories i.e. all new staff
(c) Monitoring Arrangements from 2 March 02 and conversion of
existing staff by September 02
2.22 A robust monitoring system is essential
to the effective delivery of sustainable 2.27 Each Strategic Head will ensure that
policies, and to ensure that these their contributions to the quarterly
policies do not have an adverse and monitoring of progress against the
differential impact on those from National Probation Directorate’s Aims
minority ethnic communities. specifically provide evidence of
Monitoring is used for: - monitoring arrangements, results,
• Highlighting inequalities improvement projects / programmes,
• Investigating underlying causes evaluations and reviews timetables. As
• Removing unfairness or disadvantage part of that exercise they must ensure
that such monitoring exercises
2.23 There are ranges of tools that can be effectively and proportionately bring out
used including: the race equality dimension to the
(i) levels of use, and periods of use of a delivery of their Aim’s work programme
particular service; and that they meet the Home Office's
(ii) satisfaction surveys; obligations under the general and
(iii) randomised, or specifically targeted, specific duties to promote race equality.
interviews;
(iv) analysis of types of complaints The Strategic Head for Information
received; or Technology will ensure that adequate
(v) discussion forum. Information Technology support system
is available for data collection and
2.24 All Strategic Heads will ensure that their analysis.
existing monitoring arrangements are

13
2.28 The best measures of ethnicity are those • Action to improve the quality of
based on self-assessment, which will be Pre-Sentence Reports by local
employed following the adoption of community groups
16+1 ethnic classifications. • Action plans to promote race equality
Harmonisation with the 2001 Census • Make specific provision in national
will ensure that data across the criminal standards for effective work with
justice system for both offenders and minority offenders. The NPD's
staff employed in public organisations statistician collects statistics quarterly (a
can be compared within each group and system of monitoring by pay band has
with base population. (See Annex D). been developed for the Home
Secretary's Targets exercise, to include
2.29 The National Association of Probation all operational and administrative
Officers, the National Association of support staff in post by grade to enable
Asian Probation Staff and the progression to be monitored) And: -
Association of Black Probation Officers • Offenders starting community
are to be consulted about any changes punishment orders.
to and the workings of the Race and • Central NPD staff is presently monitored
Ethnic categories, the appropriateness of by CPMU in the Core Home Office.
usage and timings. • Human Resource Unit will be expected
to monitor NPD employees, Board
2.30 Full account must be taken of the Data members and any other categories of
Protection Act when collecting, storing staff
and analysing data.
2.33 All Strategic Heads will be expected to
2.31 The expectation is that monitoring by familiarise themselves with the
ethnicity should, wherever possible, be Commission for Racial Equality
accompanied by a gender breakdown. document, ‘ETHNIC MONITORING’ a
guide for public authorities' and refer to
2.32 NPD will aim to match the target of it for guidance and advice.
100% return (effectively 95%), set for
the NPS Local Boards. 2.34 The Diversity Unit in the NPD will
provide guidance and advice by:
Monitoring Arrangements
• Receiving results of monitoring and
Some examples of existing monitoring
publishing them;
arrangements that are relevant to the
• Liasing with the Performance Strategic
duties are contained in the HMIP Thematic
Head regarding analysis of data and
Report and though aimed primarily at
using findings to influence short/long
Areas, it includes some which could be
term central and local actions /business
applied equally to NPD although NPD staff
plans;
have no direct supervisory role regarding
• Incorporating information generated
offenders:
into Diversity Strategy Board's and other
reports/briefings for Ministers;

14
• Making available to the NPS relevant 2.38 The NPD recognises that also relevant
literature including the CRE publications here are its obligations under the
on monitoring; Freedom of Information Act 2000. Its
• Holding regular seminars to support systems have been designed to ensure
development of effective mentoring that both sets of obligations work in a
practice for the NPS; complementary manner.
• Publishing periodically monitoring data,
lessons to be learned and actions for 2.39 The Home Office Annual Report will
improvement; and each year include a summary report of
• Commissioning work on identifying best progress under the NPD Scheme either
practice in monitoring and disseminating part of or as well as the report on the
to areas, case studies to be published overarching Home Office Scheme.
regularly.
2.40 The Diversity Strategy Board annual
(d) Publishing Results report to the Minister will include a
progress report on NPD Race Equality
2.35 The obligations here refer to results Scheme for the NPS. This report is
produced under sections (b), (c) and (d) scheduled for September each year.
above.
2.41 The Head of Diversity will publish at
2.36 Strategic Heads and all NPD Managers regular intervals information on how the
will publish results of their monitoring NPD is doing in relation to its duties
exercises in a manner that is appropriate, under the Act in the following ways:
accessible to all those likely to be
affected by those results, and (a) Director's monthly reports to Chairs
proportionate to the nature of the policy and Chief Officers; communication
and its impact on the public. Results of circulars;
all monitoring exercises must be notified (b) Diversity Unit's Quarterly Newsletter,
to the Head of Diversity. to be distributed internally and
externally.
2.37 It is the aim of the NPD to be as (c) Newsletters of ‘THE NETWORK’, the
transparent as is possible in the Association of Black Probation
development and delivery of its policies. Officers, the National Association of
Wherever practicable, policy makers will Asian Probation Staff, the National
use existing publication mechanisms to Association of Probation Officers etc.
publish their results from assessments,
consultations, and monitoring exercises. 2.42 Short articles will appear in these
However, where such mechanisms do documents giving updates on NPD
not exist then they will consider whether progress on the Scheme.
new publications would be appropriate
and proportionate.

15
Publishing Results 2.44 Publication is a necessary element in
achieving public confidence. The
Some examples of the publication of results
following elements must be observed: -
from assessments, consultations and
monitoring include:
Assessment
• A summary of the overarching Home
• Description and explanation of the
Office Scheme which is within the
policy and a brief account of how it was
Home Office annual business plan;
assessed;
• Annual Report to the Home Secretary
• Summary of results;
of the Diversity Strategy Board
• Assessment in the light of responses
• An example of a consultation exercise
received; and
within which the race equality dimension
• Statement of what is planned next.
was evident;
• The annual report on the Home
Consultation
Secretary’s Race Equality Employment
• Description of why, how and summary
targets; and
of replies. Assessment in the light of
• The annual publication of "Race Equality
these and statement of future action.
in Public Services";
• The Annual Probation Statistics
Monitoring
• Explanation of importance;
Typically all the above and similar
• Monitoring systems and methods used;
publications will be available on the
• Summary of monitoring and whether
NPD website when operational.
any discrimination found;
• How results used to develop future
(e) Access to Information and
policy and practice.
Services
Presentation (critical in terms of)
2.43 Strategic Heads, all policy makers,
• Actual layout, style and content
Managers and staff of NPD will ensure
• Availability in different languages
that they make information about their
policies, functions and casework where
2.45 Strategic Heads will ensure that access
applicable, accessible to the public,
arrangements within their Units are
especially to those from minority ethnic
reviewed on a regular basis.
communities. NPD will provide
information in languages other than
2.46 The Head of Diversity will consider what
English as determined by local
specific and further annual publication
demography or individual needs. The
on race issues is needed. She will liaise
NPD is already committed to making
with the Directorate's Head of
literature available in these languages as
Communications and Heads of Units to
appropriate: English, Welsh, Spanish,
ensure the most effective mechanisms
Hindi, Punjab, Arabic and Chinese.
are adopted.

16
Access to Information and Services 2.48 Under the Act, there is a specific duty to
Some examples of existing arrangements train all staff within the Directorate to
include: enable them to promote race equality.
At present this training is in the hands of
• A leaflet to promote these new changes OTD. The Home Office has developed a
to the Race Relations Act 1976 was comprehensive approach to
widely circulated to public authorities, mainstreaming race equality into its
community groups and others. The training programme and most NPD staff
leaflet is also available on the Home have attended either the one-day or two
Office website in a range of languages; days ‘Race Awareness’ Seminars.
• A leaflet explaining the standardised Seconded staff may also have participated
complaints procedure, with provision in a variety of race equality training
for appeal to the Prisons and Probation initiatives across local Areas. However
Ombudsman; given the newness of the NPD and the
• The issue of race equality was covered diversity of entry sources for its staff, i.e.
in the publication "Careers in the seconded, agency, private contracts,
National Probation Service' and in Strategic Heads, and in particular Human
'Careers in the Home Office' the Resource Head, will work with the Head
prospectus for the "Connecting of Diversity to take the following actions:
Communities" grant scheme was issued
in a variety of languages. The intention • Conduct a detailed evaluation by March
is that these documents are available on 2003,of the training received by all NPD
the NPD website when it is operational. staff so far in order to assess what
knowledge, understanding, skill, practice
(f) Training of Staff have been developed, how these are
being utilised, assessed, monitored and
2.47 The National Director’s commitment is what improvement mechanisms are
to ensure that all staff working in NPD available. Appropriate training strategy
are trained to be fully aware of race and implementation will be devised
equality issues. The aim is to have a from this exercise. By the end of March
learning Directorate where the 2004 all staff working in NPD will have
development, and or, improvement of received a basket of training initiatives
knowledge, skills, experiences and aimed at ensuring they are have all
awareness are integrated into day-to- received training aimed at ensuring they
day practices and behaviours. are working to eliminate unlawful racial
Identification of training needs and discrimination, promote race equality
opportunities for personal, team and promote good relations between
development should be a standard people of different racial groups be
feature of all NPD staff. This approach devised following this exercise.
will ensure that all NPS staff will be
equipped to meet the NPD specific • All new staff will undergo race equality
duties under the Race Equality Scheme. training needs assessment as a
mandatory element of induction. This

17
will take into account any gaps on impact on self and staff performance.
diversity issues identified in the course This will be mandatory where particular
of selection and will propose action racist behaviour is identified as an issue.
plans to rectify.
2.49 All training provision will be evaluated
• All staff involved in the implementation by March 2004.
of this Scheme including Strategic Heads
will receive appropriate training on their Staff Training: Some examples of the
roles and responsibilities, appropriate training programme in which a race equality
race equality legislation and implications dimension has been included are:
of this Scheme for all staff and
employment and service delivery • Race Equality ‘Reflections for Action’, a
practices. There will be an initial training video aimed at helping
introductory training by May 2002. A employers and employees of Probation
more detailed training will follow develop further race equality in their
between 2002 - 2004 employment policies and practices.
Launched in June 2000 at the same time
• All Strategic Heads, Heads and as the HMIP Thematic Inspection
Managers will ensure that their training Report, ‘Towards Race Equality’
needs and the needs of staff under their • HO Diversity training for middle
supervision with regards to race equality managers and other staff;
are identified, planned for and met. • HO Induction training for new entrants;
Identified training needs and plans for • HO Mandatory performance
meeting them will be included in the management training; and
PADR. • HO interviewing skills for all those who
interview for posts
• Specific training will be delivered to
develop or improve skills and knowledge 2.50 The target audience in NPD for training
to ensure staff are competent to carry for awareness of this Scheme is around
out: 150, due to rise to over 300 in the
• equality impact assessments; coming year.
• effective consultation methods;
• monitoring and evaluating
implementation of Scheme; and
• gathering evidence and using data to
influence effective service delivery.

• Strategic Heads will ensure that they


and their staff notify OTD, Head of
Diversity of their own and their staff
training needs, take up training
opportunities offered, monitor take up
by themselves and their staff and record

18
Part 3:
Complaints

The NPD will adopt a complaints procedure


similar to that used in the core (non-IND)
Home Office Scheme. Complaints in relation
to the NPD Associate Scheme will be
monitored by the NPD Lead Official, Diane
Baderin.

3.1 Strategic Heads will be responsible for


notifying the Head of Diversity of
complaints, ie a brief description and the
outcome. Diane Baderin will publish
appropriate data in this regard and keep
records of all such complaints. A
standard format for provision of
required information on complaints will
be developed by May 2003.

3.2 All Strategic Heads will be expected to


include in their annual business plan key
objectives relating to how they will
demonstrate effectiveness in their areas
of responsibilities in order for the NPD
to meet its general and specific duties
under the Act.
The Head of Diversity will support
Strategic Heads through advice,
monitoring and guidance.

19
Annex A
The NPD Scheme

The Specific and Employment Duties that person has assessed as relevant to
its performance of the duty imposed by
The Home Secretary has made an Order, section 71(1) of the Race Relations Act;
which came into force on 3rd December and
2001. (b) that personís arrangements for -
(i) assessing and consulting on the likely
1. In this Order - impact of its proposed policies on the
“the Race Relations Act” means the promotion of race equality;
Race Relations Act 1976; (ii) monitoring its policies for any
“staff” includes any person treated as adverse impact on the promotion of
an employee for the purposes of Part II race equality;
of the Race Relations Act (iii) publishing the results of such
(Discrimination in the Employment assessments and consultation as are
Field); and mentioned in sub-paragraph (i) and of
references to “150 full-time staff” are such monitoring as is mentioned in sub-
references to such number of staff as paragraph (ii);
would, if the hours they work were (iv) ensuring public access to
aggregated, amount to 150 staff information and services which it
working on a full-time basis. provides; and
(v) training staff in connection with the
Race Equality Schemes duties imposed by section 71(1) of the
Race Relations Act and this Order.
2. (1) A body or other person specified in
Schedule 1 to this Order shall, (3) Such a person shall, within a period of
before 31st May 2002, publish a three years from 31st May 2002, and
Race Equality Scheme, that is a within each further period of three
scheme showing how it intends to years, review the assessment referred to
fulfil its duties under section 71(1) of in paragraph (2)(a).
the Race Relations Act and this
Order. Educational Bodies - (included only for
(2) A Race Equality Scheme shall state, completeness sake)
in particular, -
(a) those of its functions and 3. (1) A body specified in Part I or II of
policies, or proposed policies, which Schedule 2 to this Order shall,
before 31st May 2002

20
(a) prepare a written statement of its progress of students and the
policy for promoting race equality recruitment and career progress of
(referred to in this article as its ìrace staff; and
equality policyî) and (c) include in its written statement of
(b) have in place arrangements for its race equality policy an indication
fulfilling, as soon as is reasonably of its arrangements for publishing
practicable, its duties under that statement and the results of its
paragraph (3) or (4), as the case assessment and monitoring under
may be. sub-paragraphs (a) and (b).

(2) Such a body shall: (5) Such a body shall take such steps as
are reasonably practicable to publish
(a) maintain a copy of the annually the results of its monitoring
statement, and under this article.
(b) fulfil those duties in accordance
with such arrangements. (1) A body specified in Part III, IV or V of
Schedule 2 to this Order shall, before
(3) It shall be the duty of a body 31st May 2002, have in place
specified in Part I of Schedule 2 to arrangements for fulfilling, as soon as is
this Order to: reasonably practicable, its duties under
paragraph (2), (3) or (4), as the case
(a) assess the impact of its policies, may be, and shall fulfil those duties in
including its race equality policy, on accordance with such arrangements.
pupils, staff and parents of different
racial groups including, in particular, (2) It shall be the duty of a body specified
the impact on attainment levels of in Part III of Schedule 2 to this Order to
such pupils; and monitor, by reference to the racial
(b) monitor, by reference to their groups to which they belong:
impact on such pupils, staff and (a) the numbers at all maintained
parents, the operation of such schools in its area of -
policies including, in particular, their (i) staff in post, and
impact on the attainment levels of (ii) applicants for employment, training
such pupils. and promotion, from each such group,
and
4. It shall be the duty of a body specified (b) in the case of all maintained schools
in Part II of Schedule 2 to this Order to: in its area which have 150 or more full-
time staff, the numbers of staff from
(a) assess the impact of its policies, each such group who -
including its race equality policy, on (i) receive training;
students and staff of different racial (ii) benefit or suffer detriment as a result
groups; of its performance assessment
(b) monitor, by reference to those procedures;
racial groups, the admission and (iii) are involved in grievance

21
procedures; (a) before 31st May 2002, have in place
(iv) are the subject of disciplinary arrangements for fulfilling, as soon as is
procedures; or reasonably practicable, its duties under
(v) cease employment with such paragraph (2); and
schools. (b) fulfil those duties in accordance with
(3) It shall be the duty of a body specified such arrangements.
in Part IV of Schedule 2 to this Order to:
(a) monitor, by reference to the racial (2) It shall be the duty of such a person to
groups to which they belong, the monitor, by reference to the racial
numbers of teaching staff from each groups to which they belong,
such group at all maintained schools in (a) the numbers of -
respect of which it exercises its (i) staff in post, and
functions; and (ii) applicants for employment, training
(b) take such steps as are reasonably and promotion, from each such group,
practicable to use, for that purpose, data and
provided by Local Education Authorities. (b) where that person has 150 or more
full-time staff, the numbers of staff from
(4) It shall be the duty of a body specified each such group who
in Part V of Schedule 2 to this Order to (i) receive training;
monitor, by reference to the racial (ii) benefit or suffer detriment as a result
groups to which they belong, the of its performance assessment
numbers of teaching staff from each procedures;
such group at all educational (iii) are involved in grievance
establishments in respect of which it procedures;
exercises its functions. (iv) are the subject of disciplinary
procedures or
(5) Such a body shall take such steps as are v) cease employment with that person.
reasonably practicable to publish (3) Such a person shall publish annually the
annually the results of its monitoring results of its monitoring under
under this article. paragraph (2).

(6) In this article references to ìmaintained (4) Subject to paragraph (5), this article
schoolsî are references to such schools applies to a body or other person
within the meaning given by section specified in Schedule 1A to the Race
20(7) of the School Standards and Relations Act.
Framework Act 1998 a.
(5) This article does not apply to (a) a body
Monitoring by Employers specified in Part I, II, or III of
Schedule 2;
5. (1) A person to whom this article applies (b) A person specified in Schedule 3;
shall, (c) A Scottish public authority with

22
mixed functions or no reserved
functions, as referred to in section L.2 of
Part II of Schedule 5 to the Scotland Act
1998 b, or
(d) a cross-border public authority in
relation to the exercise of its Scottish
functions within the meaning given by
that section.

(6) In paragraph (5) the reference to a


“cross-border public authority” is a
reference to such an authority within
the meaning given by section 88(5) of
the Scotland Act 1998.

23
Annex B
LIST OF NPD FUNCTIONS FALLING
WITHIN THE SCHEME
National Standards inc enforcement service or its agent,
• Keeping the victim/family informed of
OASys – implementation of Joint developments in the case at key stages
Prisons/Probation Offender Assessment of sentencing;
System • Enabling victimís views to be included in
Dangerous Offenders – implementation of PSRs so that it is available to decision-
joint policy/probation arrangement to makers
manage dangerous offenders – section 67 Ensuring victim information is kept securely
and 68 Criminal Justice and Court Services and separately from the offender’s case.
Act 2000
• Supervising offenders on community What Works – development and
orders and license according to National implementation of core curriculum of
Standards accredited offender behavior programmes
• Assessing and managing their risk of • Community service,
posing serious harm to others • Basic skills and employment;
• Working with other agencies to form • Joint accreditation panel,
joint assessment and management plans Management and roll-out of pathfinder
• Dealing with breaches of license or programmes
community supervision
• Running treatment programmes Community sentences –
Writing reports • Implementation of new enforcement
measures in the Criminal Justice Court
Serious Incident System. New Policy and Services Act, and the new Benefits
Revised Policy Sanction contained in the Child,
Victims – implementation of Section 69 Support, Pensions and Social Security Bill
Criminal Justice and Court Services Act 2000 2000,
and HMIP thematic • Development of community service
Undertaking victim contact work in cases pathfinder;
involving a serious sexual or violent offence • Extension of use of electronic
where the offender is given a custodial monitoring (Criminal Justice and Court
sentence of 12 months or more – in Services Act 2000).
accordance with the National Standards and
PC 61/95. On going assessing and reviewing CP Order
• Contacting eligible victims to offer face- projects inc Beneficiaries
to-face contact with the probation Drugs

24
• Drug Treatment and Testing • Strategic
Orders(Powers of Criminal Courts
(Sentencing) Act 2000), Finance and Estates
• Contribution to Governmentís Drugs • Cash allocation formula
Strategy, • Research
• Expansion of probation and court • Performance link
referral schemes, • Accommodation, Access, Special Needs
• Implementation of Drug Abstinence • Service Delivery
Order (Criminal Justice and Continued • Staff
(Court Services Act)
Strategic planning of probation estate
Bail
Expansion of Bail Information Schemes Capital funding of hostels and probation
Information for Courts inc PSRs, SSRs and Bail estate
Information. INFORMATION AND TECHNOLOGY
New Policies
Post release supervision Development and management of IT systems
Accommodation 1) Staff
• Developing accommodation policies for 2) Offenders
offenders on partnership arrangements,
• Monitoring purchased accommodation HUMAN RESOURCES
grant scheme Recruitment and selection –
Participating in supporting people • Recruitment of Chiefs, chairs of Boards,
programme. probation staff in line with Home Sec
targets, secondments/transfers,
Employment consultants
• Development of employment pathfinder, • Flexible Working
Management of basic skills pathfinder, • Leave Arrangements
participation in delivery of welfare to work • Retention – Boards, Staff
programmes. • Sickness absence,
• Grievances,
Approved premises – development of • Discipline,
approved premises regime and standards • Staff Surveys
A New Handbook is being produced including Training –
special provision for treating residents from • Diploma of Probation Studies,
minority ethnic groups • HR Management Training Probation
Officer Scheme,
Strategy for Women Offenders • The Certificate of Community Justice.

Prison/Probation Ombudsman (complaints PERFORMANCE & PLANNING


procedures for offenders) • Activity sampling and performance
Partnerships measures
• Service Delivery • Probation Service National Plan

25
• Annual Report (publications generally)
• Better Quality Services Reviews
(contracting our/privatization)
EEM self-assessment

COMMUNICATION
• Communication Strategy
• Publications
• Briefings

DIVERSITY
• NPD Diversity Strategy
• Business Plans
• Annual Reports or any report
• Diversity Policies
• Delivery Projects
• Training
• Allocation of resources

26
Annex C
Diversity Clan Structure

DIVERSITY STRATEGY BOARD

Incorporating RACE EQUALITY IMPLEMENTATION GROUP

Chair: National Director

Disability Issues Minitoring Service Delivery Gender &


Group Group Group Sexuality Group

Best Practice/Innovation
Group

27
Annex D
Census Categories

1991 Census 2001 Census


England & Wales Scotland Northern Ireland
• White White White
• Scottish
• British • Other British
• Irish • Irish • White
• Other • Other • Irish Traveller

Mixed Mixed
• White & Black Caribbean • Mixed ethnic group
• White & Black African
• White and Asian
• Other • Any mixed background

Asian or Asian British Asian, Asian Scottish or


Asian British
• Indian • Indian • Indian • Indian
• Pakistani • Pakistani • Pakistani • Pakistani
• Bangladeshi • Bangladeshi • Bangladeshi • Bangladeshi
• Chinese
• Other • Other

Black or Black British Black, Black Scottish or


Black British
• Black Caribbean • Caribbean • Caribbean • Black Caribbean
• Black African • African • African • Black African
• Black Other • Other • Other • Black Other

Chinese or Other ethnic Other ethnic background


group
• Chinese • Chinese • Chinese
• Any other ethnic group • Other • Any other background • Any other ethnic group

9+1 16 + 1 14 + 1 11 + 1

28
Annex E
Main Groups Relevant for Consultation
Purposes
Advisory Service for Squatters Lesbians and Gay Men in Probation

Alternatives to Violence Project Napo

Apex Charitable Trust National Association of Asian Probation

Asian Family Counselling Service Staff

Association of Black Probation Officers National Youth Agency

Black Prisoners Support Project Probation Boards Association

Community Advice Project Reach Out Project

Criminal Injuries Compensation Board Society of Black Lawyers

Divert trust The Commission for Racial Equality

Dyspel The Equal Opportunities Project

Equal Opportunities Commission The Rights Shop

Joint Council for the Welfare of Immigrants Women in Prison

Justice Women's Aid Federation of England

29

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