equality framework: the guide

EQUALITY FRAMEWORK

The Guide

EQUALITY FRAMEWORK Further Education

EQUALITY FRAMEWORK Career Guidance

EQUALITY FRAMEWORK – The Guide

Equality Framework Guidance FINAL 2

Contents Introduction 3 Background 4 Understanding the challenges 4 Equality in the context of the framework 5 Levels of success 6 Engaging stakeholders 7 Performance areas 7 Working with the Equality Framework 10 Self assessment process 11 Evidence gathering 12 Action planning 13 Peer review and challenge 13 Compliance 15 Acknowledgements 16 Appendices 18



Introduction We live in a diverse society that contains a wealth of skills, talents and expertise. It is essential to the future prosperity of our society and of the learning and skills sector that it develops and makes use of those skills, talents and expertise by ensuring that all individuals can participate equally. The introduction of the Equality Act 2010 has broadened the focus of equality and diversity, and takes into account age, disability, gender, gender reassignment, pregnancy and maternity, marriage and civil partnership, race, religion or belief and sexual orientation. This new approach will require further education learning and service providers to eliminate discrimination, harassment and victimisation, advance equality of opportunity and foster good relations across the ‘protected characteristics’. In addition to this, learning and service providers within further education are required to publish information demonstrating that providers have considered the impact of their policies and practices on relevant stakeholders. Furthermore, providers will be required to prepare and publish their specific and measurable equality objectives. Despite these responsibilities the further education sector must move beyond compliance and create organisational environments that are inclusive, value diversity, and encourage participation from each individual. Embracing difference will ensure that regardless of individual starting points, everyone has an equal chance to become what they want to be within our sector. The influence of the sector on individual learners and service users, their employees and their local communities can be profound; therefore our workforce must reflect and understand the diverse needs and aspirations of the communities of which it is part. The Equality Framework provides the tools to the further education sector to develop, maintain and promote good practice and set a standard of performance that is truly world class.



Background The Equality Framework Further Education and the Equality Framework Career Guidance have been developed in consultation with learning and skills stakeholders. This has been supported by a pilot exercise involving learning and service providers representing the Further Education and Career Guidance sector across England which was undertaken between January 2010 and March 2011. Providers involved in the pilot included further education colleges, national specialist colleges, work based learning, adult and community learning, and career guidance providers in England. The framework was developed in response to the changing landscape of equalities and to establish consistent good practice across all equality areas and across whole institutions as employers and service providers. By setting a minimum standard that includes statutory responsibilities and a comprehensive focus on equality and diversity, providers in further education can ensure that they are best placed to offer inclusive working, learning and service environments that respond appropriately to the needs of diverse communities. The framework consolidates the principles set out in previous initiatives in the further education sector, such as equality standards and competences, and facilitates the journey towards equality excellence. Equality and diversity is a limiting grade within the Common Inspection Framework, contributing to and maybe limiting a provider’s overall grade of effectiveness1. The framework is based upon an organisation’s own self assessment and uses the same principles of evidence gathering to demonstrate that equality and diversity outcomes have been considered across five2 organisational performance areas, which are detailed in section four of this guidance. 1. Understanding the challenges The challenge for the further education sector is to develop worthwhile equality outcomes for staff, learners and local communities. To do this, providers will need to understand the diverse needs of the communities around them, the differing life chances of individuals and families that cause disadvantage and the barriers to equality. As society becomes increasingly diverse, understanding the needs of diverse communities is no longer just an issue affecting urban areas. The prosperity and cohesion of all communities are affected by the impact of differing demographic profiles and socio-economic status, becoming more significant as social mobility decreases, and the gap between rich and poor grows wider.

1 Ofsted (April 2009) ‘Ofsted Inspects: A framework for all Ofsted inspection and regulation’, http://www.ofsted.gov.uk/content/download/9190/101416/file/Ofsted%20inspects%20-%20full.pdf 2 There are four performance areas under the Equality Framework Career Guidance



Migration has affected many communities who have previously experienced little population change, meaning that there is an increased need for a consistent method of measuring equality and diversity performance whilst meeting the needs of a changing society. The Equality Framework will provide a coherent structure for learning and service providers to work with staff, learners, service users and their families, local communities and partners in the public, private and third sectors. It will respond to challenges, tackle prejudice and improve the life chances and opportunities of those who face discrimination and disadvantage. This framework will help providers to:

• improve the services they provide so they are more representative, relevant and efficient, whilst also improving satisfaction and trust

• increase workforce diversity and staff engagement at all levels of the organisation

• ensure policies and strategies deliver for everyone and improve our accountability to all stakeholders

• increase accessibility to employment, learning and services • combat inequalities and avoid expensive litigation as a consequence of

discrimination. 2. Equality in the context of the framework The Equality Framework uses a wider definition of equality, which was set out in ‘The Equalities Review’3 and is based on the idea of equal life chances. It states: “An equal society protects and promotes equal, real freedom and opportunity to live in the way people value and would choose, so that everyone can flourish. An equal society recognises people’s different needs, situations and goals, and removes the barriers that limit what people can do and be.” Although this definition is more aspirational than the more formal legal definition of equality, it is appropriate and relevant for the further education sector in breaking down barriers and creating a fairer society. It recognises that:

• equality is an issue for all of us • we don’t all start from the same place

3 Cabinet Office (February 2007) ‘Fairness and Freedom: The Final Report of the Equalities Review,’



• to create a fairer society we need to recognise different needs. 3. Levels of success The framework is designed to allow further education providers to benchmark their performance against three levels of accomplishment. As mentioned in section 3 above, the journey for all learning and service providers begins at the ‘developing ’ level and performance is assessed against one level at any one time. The three success levels are:

Developing �

Achieving �

Excelling �



4. Engaging stakeholders The Equality Framework makes multiple references to engaging and involving stakeholders across each of the performance areas. The responsibilities arising from the public sector equality duty place a requirement on further education providers to engage ‘…with persons whom it considers to have an interest…’4 in furthering the aims to eliminate discrimination, harassment and victimisation, advance equality, and foster good relations. This means that in order to address issues arising across each of the protected characteristics, the provider will need to ensure that it can engage and involve people that share relevant protected characteristics, and that different parts of the organisation or its functions are represented. Stakeholders can therefore represent staff, learners, local employers, governors, trustees, schools, local authorities, service users, local community groups, voluntary sector organisations etc. 5. Performance areas The Equality Framework Further Education concentrates on five key performance areas. The Equality Framework Career Guidance concentrates on four performance areas. These areas are:

� Leadership and organisational commitment (Further Education and Career Guidance)

� Learner and stakeholder engagement (Further Education only)

� Learner achievement, access and experience (Further Education only)

� Stakeholder access, engagement and progression (Career Guidance only)

� A modern and diverse workforce (Further Education and Career Guidance)

� Community awareness and equality mapping (Further Education and Career Guidance).

Leadership and organisational commitment (Further Education and Career Guidance)

The framework is designed to give providers in further education and their partners greater freedom to determine local priorities and shape the future of their workplace, provision and local area.

4 The Equality Act 2010 (Statutory Duties) Regulations 2011



Strategic leadership is fundamental to improving equality outcomes and needs to be:

• expressed in the organisational vision and strategic planning and made public

• central to the delivery of priorities that impact on inequality and improve workforce, learner and service user outcomes.

It is increasingly important for providers in the further education environment to work in partnership with other relevant public and private service organisations and other agencies to identify barriers and disadvantage and work together to achieve equality outcomes. Learner and stakeholder engagement (Further Education only) It is important for further education providers to recognise the importance of learner and stakeholder engagement and participation. There is a greater need to move beyond simple consultation exercises (although these are still very important) to find innovative ways of involving learners and local communities in shaping learning provision that is relevant and accessible. Local communities may not visibly reflect all equality groups, and it is important that providers have structures in place that involve diverse groups in decision making, service and workforce planning. An example of this might be where the provider is based in a local community with a low black and minority ethnic population. Despite this, it is important that ethnic minority communities are engaged to ensure that the provider attracts diverse talent to its workforce and ensures that service provision is accessible, inclusive and meets the needs of potential learners. This may require that the provider takes into account diverse needs when developing their curriculum. Learner achievement, access and experience (Further Education only) Stakeholder access, engagement and progression (Career Guidance only)

Service provision, whether provided directly or procured, remains a central function for learning and service providers. The framework will assist providers to personalise their services in order to meet the needs of learners or service users and ensure fair access, improve academic or personal achievement and the overall learning or user experience. Of particular importance will be a robust mechanism for measuring the effect of service provision, policies and practices to deliver equality outcomes that are relevant to the provider, its learners, service users and local community.



The challenge of identifying and understanding socio-economic disadvantage in our local communities will enable providers to create solutions that ensure everyone has the chance to access further education and its related services. A modern and diverse workforce (Further Education and Career Guidance) The ability to deliver responsive, personalised learning and service provision that is world-class will depend in large part on the skills, understanding and commitment of the workforce. The Equality Framework promotes:

• fair employment practices that comply with legislation, including giving due regard to the cause of gender pay difference and the effects on the workforce

• the provision of training to the workforce in order to deliver equality outcomes for learners and service users

• effective data collection and analysis to ensure the workforce is inclusive and reflects the diversity of local communities

• that mechanisms are in place to assess the effect of policies and practices and to promote equality of opportunity for all staff.

Community awareness and equality mapping (Further Education and Career Guidance)

Understanding the profile of local communities and the life chances and opportunities of different groups will be crucial for providers in identifying priority outcomes that can shape strategic planning, service provision and curriculum development. Equality mapping is the term used for collecting information about communities and individuals. This information is used throughout the equality process. It is collected on the basis of people’s age, disability, gender or gender identity, race, religion or belief, sexual orientation or socio-economic background. It will help to identify people’s needs as well as consider factors that might impact upon the way people access employment, learning or services in the further education sector. Local community data is collected through the census and is usually available from the local authority. It should be borne in mind that not all data is collected, such as that related to sexual orientation and gender identity, making it more difficult to know the size of some local communities in order to make comparative analyses.



The data has to be understood and analysed, not just collected. The data and its analysis will provide an important evidence base to measure the impact of service provision on diverse groups. Target setting as a result of the analysis can address under-representation within the workforce, learner and service user profile. 6. Working with the Equality Framework Although we have distinguished three different levels of success, in fact the process is one of continuous improvement, as illustrated below. We suggest that before working on the framework learning providers first look at the requirement for ‘excelling ’ so that they can see what they are aiming to achieve. For some providers there may be aspects of their work that already reflect that of the ‘achieving ’ or ‘excelling ’ levels. However, until a provider can assess their performance comprehensively, as ‘in place and performance is to an outstanding standard’ across all the achievements at the ‘developing ’ level, the provider will not be able to undertake work at a higher level.

Achieve and review equality

outcomes

Collect equality information, data, consult, assess

Set equality priorities and

objectives

Monitor and evaluate



7. Self assessment process The Equality Framework is based upon the principle of self assessment and self regulation and requires demonstrable activity across all equality areas: age, disability, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, and sexual orientation. In addition to this, the framework encourages providers to consider the broader issues affecting local communities that might influence a person’s capacity to access learning, employment or attainment level because of socio-economic disadvantage. Although aligned in principle to legislative requirements, the framework encourages learning and service providers to move beyond compliance to create learning, working and service environments that are inclusive and encourage the participation of all stakeholders. Learning and service providers in further education working with the Equality Framework will begin their journey at the ‘developing’ level. The framework applies to the whole organisation and before a provider can move beyond the ‘developing’ level, they must demonstrate that their performance across each action has reached grade one ‘in place and performance is outstanding’ as detailed below. Providers will objectively self assess their organisational performance against the relevant success level achievements. Providers will rate their current performance against each achievement on a scale of 1-4:

1 In place and performance is outstanding The achievement has been in place for some time and is effective. It demonstrates a real difference and there are clear results (both qualitative and quantitative) that show tangible and visible value. The impact on the provision to learners, the workforce, stakeholders and relevant governance

1 In place and performance is outstanding

2 In place and performance is good

3 Currently being established and performance is satisfactory

4 Performance is inadequate



structures demonstrate that performance is outstanding. Improvement measures are challenging and ambitious and there is effective prioritisation of further action. 2 In place and performance is good The achievement is in place and demonstrates that responsibility is being taken and actions are making a real difference to learners, the workforce, stakeholders and relevant governance structures. There are clear results (both qualitative and quantitative) to show action is being taken and is supported by a strong improvement strategy. Emerging results show that the impact on the provision being made is considerable. 3 Currently being established and performance is sa tisfactory The achievement is currently being established following discussions to address relevant area(s). There are clear results (both qualitative and quantitative) to show action is being taken and an improvement strategy is being developed to impact on the provision to learners, the workforce, stakeholders and relevant governance structures in a measurable way. 4 Performance is inadequate The achievement has had no action taken to put it in place, although discussions may have taken place to initiate policy, strategy or action planning. N.B. This grade will automatically apply where stat utory duties are not being met.

8. Evidence gathering We want to encourage self assessment and sector-led learning on equality and diversity. Evidence gathering is an integral part of demonstrating the journey towards excellence in equality and diversity. Evidence gathered against the achievements at each level will provide a benchmark for existing performance and enable providers to identify where improvements are required.



In the main, the role of evidence in working against the framework is to substantiate the organisation’s self assessment. The question that organisations should ask themselves in gathering suitable evidence is whether what they have proves that they are doing what they say they are, and whether it would stand up to scrutiny from peers. It is difficult to strictly characterise evidence, as learning and service providers may employ different strategies in order to improve equality outcomes for staff, learners and their local communities. However, examples of evidence may include but are not restricted to: policies, strategies, action plans, consultation exercises, data (including staff, learner and local community profiles), survey results, staff, learner and/or stakeholder feedback, etc.

9. Action planning Once the self assessment has been completed, the provider can clearly identify the areas where development is required to meet the achievements set out within the appropriate level. The aim of the framework is to assist the provider in reaching ‘in place and performance is outstanding’ for each achievement within the level before proceeding to the next success level. Each organisation will begin their journey from a different place. There may be well developed activity in some areas but not in others, and each achievement within each level requires a high level of activity and consideration across all the relevant protected characteristics. It is important to note that it may take some time to achieve ‘in place and performance is outstanding’ for each achievement in a level. It is for each provider to decide the speed with which they undertake the achievements necessary to progress. However, it should be borne in mind that effectively embedding good practice, procedures or implementing new policies might be mid- to long-term solutions, rather than quick wins and organisational expectations of working against the framework will need to be managed appropriately. 10. Peer review and challenge Engaging peers in the scrutiny of equality and diversity activity is a means of benchmarking achievements under the Equality Framework. Regional peer groups are already commonly in use to provide objective critique against action plans and evidence presented as part of the work providers undertake against the Common Inspection Framework. Using peer groups is encouraged as part of the framework in order to promote consistency, share good practice and establish high quality outcomes across the sector.



Peer groups should represent persons who have an interest in the way you act as an employer and learning or service provider. Peer group members should therefore represent but not be limited to staff, learners, governors, parents, employers, local authorities, local community groups and other further education providers (within or outside your own region). The function of the group will be to review whether a provider’s own self assessment accurately demonstrates its activities at the level it has claimed to have achieved. There should be at least one peer group member who is able to offer objective equality and diversity expertise. Peer review and challenge may happen as often as the provider wishes to engage their peers. Once a provider can demonstrate that their performance has reached ‘in place and performance is outstanding’ and they wish to continue to work against a higher achievement level, e.g. the provider wishes to move from the ‘developing’ level to the ‘achieving’ level, the provider must undertake peer validation before proceeding to the next achievement level. At peer validation, the provider will present evidence of their outcomes across the performance areas to substantiate their self assessment. Peer validation will consist of the following with the provider’s peer group:

• present an overview of the key outcomes achieved against each performance area

• a review by peers of the provider’s own self assessment, and access should be given to scrutinise relevant supporting evidence if necessary

• feedback from peers that will inform the peer group’s overall decision • making the completed validation public.

The peer review group’s judgment will dictate whether the provider should continue to work against the current level if it is found that more work is required to meet that standard, or whether to move on to work against the next success level. This process will be repeated at the ‘achieving ’ and ‘excelling ’ levels. A template for presenting key outcomes has been included for Further Education at Appendices A - C and Career Guidance at Appendices D – F . These templates may also be used to demonstrate how an organisation has made progress against the public sector equality duty where it is a requirement to have due regard to the need to:

• eliminate discrimination, harassment and victimisat ion and any other conduct that is prohibited by or under the Equality Act 2010

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

• foster good relations between persons who share a relevant protected characteristic and persons who do not.



Having due regard to the need to advance equality of opportunity involves:

• removing or minimising disadvantage suffered by persons who share a

relevant protected characteristic, where the disadvantage is connected to that characteristic

• taking steps to meet the needs of persons who share a relevant protected characteristic, where their needs are different from those of persons who do not share the characteristic

• encouraging persons who share a relevant protected characteristic to participate in activity where participation by such persons is disproportionately low.

Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard to the need to tackle prejudice and promote understanding.

Compliance with the public sector equality duty may involve treating some persons more favourably than others, but that is not to be taken as permitting conduct that is prohibited by the Equality Act 2010. 11. Compliance It is essential that the further education sector can ensure that it develops and promotes good practice in equality and diversity. Learning and service providers have a legal responsibility to ensure compliance against the public sector equality duty as well as the broader anti-discrimination legislation, both as employers and as learning and service providers. Learning and service providers should have systems in place to measure the effect of their policies, practices, services and functions in order to provide inclusive work, learning and service environments for all. The Equality Framework has been designed to ensure compliance, develop good practice and move towards excellence in equality and diversity, raising standards across the further education sector.



12. Acknowledgements

The development of this framework would not have been possible without the support and contributions from sector stakeholders and learning and service providers in the further education sector. They are as follows:

• 157 Group • Association of Colleges • Association of Learning Providers • Association of National Specialist Colleges • Association of Teachers and Lecturers/ACM/AMiE • Institute for Learning • Learning and Skills Improvement Service • Skills Funding Agency • Unison • University and College Union • Young People’s Learning Agency

The learning and service providers involved in the pilot were:

• A4e Ltd • Alliance Learning Ltd • AMAC Training Ltd • Anne Clarke Associates Ltd • Beneast Training Ltd • Bexley College • Bilborough College • BL Hairdressing • Bradford College • Burton College • Careers Yorkshire & Humber • Carlisle College • CfBT Next Steps • City College, Brighton & Hove • Cornwall College • Derbyshire Learning & Development Consortium • East of England Next Steps • Epping Forest College • Fortune Centre of Riding Therapy • Halesowen College • Highbury College • Hopwood Hall College • In Touch Care Ltd • Kensington & Chelsea College



• Kingston College • Michaeljohn Training School • Nash College • National Star College • NETA Training Group Ltd • Oakwood Court College • Otley College • Peterborough Regional College • Petroc College • Portland College • Riverside College • South Nottingham College • Tyne Metropolitan College • Yeovil College

Special thanks are expressed to Min Rodriguez for developing the framework and Chrissie Farley for acting as a critical friend throughout the pilot exercise.



Appendix A Validation/progress against objectives

Developing – Further Education Demonstrate below how your organisation has made progress against/met (delete as necessary) the achievements in this level taking into consideration how you have given due regard to:

� Eliminate discrimination, harassment and victimisation � Advance equality of opportunity � Foster good relations

Organisation overview Leadership and organisational commitment Learner and stakeholder engagement Learner achievement, access and experience A modern and diverse workforce Community awareness and equality mapping



Appendix B Validation/progress against objectives

Achieving – Further Education Demonstrate below how your organisation has made progress against/met (delete as necessary) the achievements in this level taking into consideration how you have given due regard to:





Appendix C Validation/progress against objectives

Excelling – Further Education Demonstrate below how your organisation has made progress against/met (delete as necessary) the achievements in this level taking into consideration how you have given due regard to:





Appendix D Validation/progress against objectives

Developing – Career Guidance Demonstrate below how your organisation has made progress against/met (delete as necessary) the achievements in this level taking into consideration how you have given due regard to:


Organisation overview Leadership and organisational commitment Stakeholder access, engagement and progression A modern and diverse workforce Community awareness and equality mapping



Appendix E

Validation/progress against objectives

Achieving – Career Guidance Demonstrate below how your organisation has made progress against/met (delete as necessary) the achievements in this level taking into consideration how you have given due regard to:





Appendix F

Validation/progress against objectives

Excelling – Career Guidance Demonstrate below how your organisation has made progress against/met (delete as necessary) the achievements in this level taking into consideration how you have given due regard to:



equality framework: the guide

Documents

focus of equality

equality act

education learning

education sector

measurable equality

career guidance providers

career guidance sector

service providers