Increasingly referred to as the PSED: Applies to public bodies listed in Schedule 19 of the Act Public sector bodies are also subject to the wider framework of Equality legislation within the Act. The Public Duty is only part of their legal obligations.
Specific Duties do not apply to smaller organisations such as schools and parish councils (although the Duty itself does.) Government say they are “developing tools and mechanisms to support organisations and individuals to challenge public bodies effectively to ensure they publish the right information and deliver the rights results, with a particular focus on addressing the barriers facing some disabled people.”
Public bodies need to do these things. Need to promote the idea that publishing makes their life much easier. We suggest that individuals and groups should consider using the Freedom of Information Act provisions to access this data if it isn’t published. If this shows poor practice, challenges could be made either because they have not carried out the duties to understand/engage with specified groups/ consider the impact, or because they have not fulfilled the requirements of the PSED having undertaken this exercise.
These are quotes from respondents to the Pride, Progress and Transformation survey carried out among LGB and Trans people in the SW in 2010.
The EHRC also has a range of guidance documents to help people understand their rights under the Act, and the roles and responsibilities of various organisations.
Organising to influence public health decisions
Organising to influence and
challenge public health decisions
Brenda Weston – Policy and Research
What contributes to ‘Public Health’
Prevention rather than cure!
Addressing the causes of health inequalities
Identifying specific risk factors for particular groups
What do we want to achieve?
The specific public health needs of a ‘protected’
group or groups are understood and
represented in the services commissioned
Marriage and civil partnership
Pregnancy and maternity
Religion or belief
Who/what do we need to
influence or challenge?
Health and Well Being Boards
Clinical Commissioning Groups
Content of JSNAs
What ‘levers’ do we have?
• The law
NHS legislation governing public health
Human Rights Act
Regulatory bodies – CQC/Audit Commission
Freedom of Information Act
• Equality standards
– Equality Standard for Local Government
– NHS Equality Delivery System
Public Sector Equality Duty
“… requires public bodies, and others who
exercise public functions, to have due regard to
the need to
eliminate unlawful discrimination, harassment and
advance equality of opportunity; and
foster good relations between people who share a
protected characteristic and those who do not share
The PSED Specific Duties
Public bodies will be required to:
publish ‘specific and measurable’ equality objectives by
6 April 2012, then every four years;
publish information at least annually to demonstrate their
compliance with the general Equality Duty
relating to their employees (for bodies with 150 or more staff)
others affected by their policies and practices - such as service
Information must be accessible to the public (but) can be
included within another published document.
Under the requirements of the general duty to have ‘due
regard’ to the matters set out in the Act
• “public bodies will need to understand the effect
of their policies and practices on equality…
• this will involve looking at evidence, engaging
with … staff, service users and others and…
• considering the effect of what they do on the
(Quoted from: Equality Act 2010: The public sector Equality Duty: reducing
Statistics aren’t enough!
“Young people who are LGB face particular problems, including the
risk of family disruption and rejection, isolation from friends and
peers, and significant levels of bullying (verbal, emotional and
physical) in schools.”
“There is an overarching need for health and social care
professionals to receive appropriate training in relation to gender
dysphoria and the kinds of interventions and care required...”
“... refused a smear test by GP as (I am a) lesbian, despite
previously insisting (this is) necessary.”
“Lack of sexual health info for LGBT people.”
“HIV - disclosing personal issues within healthcare settings !!
(privacy , confidentiality)
Some sources of equality evidence
Equality and Human Rights Commission
Equality South West www.equalitysouthwest.org.uk
Government Equalities Office http://homeoffice.gov.uk/equalities/research/
The Runnymede Trust (BME communities) http://www.runnymedetrust.org/
Terrence Higgins Trust (LGB) http://www.tht.org.uk/informationresources/
Mermaids (young Transgender) http://www.mermaidsuk.org.uk/
(Transgender) Gender Identity Research and Education Society www.gires.org.uk
Press for Change (Transgender) http://www.pfc.org.uk/Research.html
NHS Choices www.nhs.uk/
End Violence Against Women http://www.endviolenceagainstwomen.org.uk/
Fawcett Society http://www.fawcettsociety.org.uk/index.asp?PageID=100
Disability Alliance http://www.disabilityalliance.org/
Office for Disability Issues http://odi.dwp.gov.uk/common/publications-index.php