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Equality, Good Relations and Human Rights Screening Template

***Completed Screening Templates are public documents and will

be posted on the Trust’s website*** See Guidance Notes for further background information on the relevant legislation and for help in answering the questions on this template (follow the links). (1) Information about the Policy/Proposal

(1.1) Name of the policy/proposal

Spiritual Care Policy

(1.2) Is this a new, existing or revised policy/proposal?

New Policy

(1.3) What is it trying to achieve (intended aims/outcomes)?

The purpose of the policy is to set out in summary how spiritual care services are recognised and provided for within the Southern Health and Social Care Trust (hereafter referred to as the SHSCT).

The SHSCT recognises that spiritual care is an integral aspect of healthcare. Total care includes care for the physical, social, psychological and spiritual dimensions of the person. Spiritual care is often used as the overall term and is relevant for all. For some their spiritual needs are met by religious care - the visits, prayers, worship, rites and sacraments often provided by a faith leader or representative of the faith community or belief group. Spiritual care is generally given in a one-to-one relationship, and makes no assumptions about personal conviction or life orientation. Religious care is given in the context of shared religious beliefs, values, liturgies and lifestyles of a faith community:

To demonstrate respect for the spiritual needs (including religion/belief/ culture) of our patients and staff.

To raise staff awareness of spiritual needs.

To improve holistic care for patients.

To improve multidisciplinary working.

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To reflect the Trust’s commitment to delivering patient centred care.

To reflect the Trust’s commitment to equality and diversity and meeting the human rights of individuals.

(1.4) Are there any Section 75 categories which might be expected to benefit from the intended policy/proposal?

Patients and Staff.

(1.5) Who owns and who implements the policy/proposal - where does it

originate, for example DHSSPS, HSCB, the Trust?

The Trust owns the Policy which was based on the NI Healthcare Chaplains’ Association template for a Trust Spiritual Care Policy 2013.

(1.6) Are there any factors that could contribute to/detract from the intended

aim/outcome of the policy/proposal/decision? (Financial, legislative or other constraints?)

None of note.

(1.7) Who are the internal and external stakeholders (actual or potential) that

the policy/proposal/decision could impact upon? (staff, service users, other public sector organisations, trade unions, professional bodies, independent sector, voluntary and community groups etc)

Patients i.e. those requiring spiritual care when in hospital Management and Staff Trade Union Colleagues Trust’s Chaplains as well as the wider external church/faith communities/ organisations Trust’s Race Equality in Health Forum NI Healthcare Chaplains’ Association NB: The Chaplains will participate in the provision of spiritual, religious and pastoral care for all patients and their families, staff and volunteers in the HSC hospitals, including those of other faiths/beliefs or of no declared faith.

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(1.8) Other policies with a bearing on this policy/proposal (for example regional policies) - what are they and who owns them?

Primary Source:

NI Healthcare Chaplains’ Association Template for a Trust Spiritual Care Policy 2013.

The DHSSPSNI adopted the “Code of Conduct for HPSS Healthcare Chaplains” and “Meeting the Religious and Spiritual Needs of Patients and Staff” in December 2004. The UK Board of Healthcare Chaplaincy (UKBHC) Code of Conduct for Healthcare Chaplains was officially endorsed by DHSSPSNI in February 2011.

These documents set out best practice guidance for use by managers and all those involved in the provision of chaplaincy services (including religious and spiritual care) in the HPSS. They recognise that spiritual care is an integral aspect of health and social care. They express DHSSPSNI’s commitment to providing high quality religious and spiritual care to all patients, clients, carers and staff of all faith and life stances.

Other Policies include:

Code of Conduct for Healthcare Chaplains (UKBHC 2010) (DHSSPSNI 2011).

Meeting the Religious and Spiritual Needs of Patients and Staff (DHSSPSNI 2004).

Spiritual and Religious Care Capabilities and Competences for Healthcare

Chaplains (UKBHC 2009).

Standards for Healthcare Chaplaincy Services (UKBHC 2009).

Data Protection Act 1998

Protection of Personal Information SHSCT

Generic Medical Record-keeping Standards SHSCT

Code of Practice on Protecting the Confidentiality of Service User Information

(DHSSCSNI 2009)

Multi-Cultural and Beliefs Handbook SHSCT

Data Protection Act Policy SHSCT

Policy for Patient Information Available to Visiting Clergy (NIHCA 2009).

Acute/Non Acute Hospitals Visiting Policy (SHSCT 2012) General Medical Council personal beliefs guidance.

o www.gmc-uk.org/guidance/ethical_guidance/personal_beliefs.asp

NI Healthcare Chaplains’ Association

o www.nihca.co.uk

UK Board of Healthcare Chaplaincy

o www.ukbhc.org.uk

Association of Hospice and Palliative Care Chaplains (AHPCC)

o www.ahpcc.org.uk

NB: This list is not exhaustive, merely illustrative.

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(2) Available evidence Evidence to help inform the screening process may take many forms. What evidence/information (both qualitative and quantitative) have you gathered to inform this policy? NB: Specify the details for each of the Section 75 categories for any staff affected, the Trust Workforce, any patients/clients affected and the Trust general population in the following tables if appropriate.

2.1 Staff Affected by this Policy/Proposal (please contact the Equality Unit on 028 3741 2522 with details of staff affected in order to complete table below)

NB: This policy applies to all HSC staff working in partnership with those employed with specific responsibility, training and skills in spiritual, religious and pastoral care to provide a truly holistic approach. Other HSC staff are responsible for providing and facilitating appropriate spiritual care, including admission, clerical, nursing, medical, community, AHP, portering, domestic and catering staff.

Section 75 Group Make up of Staff Affected Percentage

Gender Female Male

See NB: above

Religion Protestant Roman Catholic Not Known/Other

See NB: above

Political Opinion

Broadly Unionist Broadly Nationalist Other Do Not Wish To Answer/Not Known

See NB: above

Age

16-24 25-34 35-44 45-54 55-64 65+

See NB: above

Marital Status Single Married Not Known/Other

See NB: above

Dependent Status Caring for a Child/Children/Dependant Older Person/Person(s) With a Disability None/Not Known

See NB: above

Disability Yes No Not Known

See NB: above

Ethnicity

Black African Bangladeshi Black Caribbean Chinese Indian Irish Traveller Pakistani Mixed Ethnic Filipino Black Other

See NB: above

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White Not Known/Other

Sexual Orientation towards:

Opposite Sex Same Sex Same and Opposite Sex Do Not Wish To Answer/Not Known

See NB: above

2.2 Composition of Southern Trust Workforce (please contact the Equality Unit on 028 3741 2522 to ensure the figures below are the most recent)

NB: This policy applies to all HSC staff working in partnership with those employed with specific responsibility, training and skills in spiritual, religious and pastoral care to provide a truly holistic approach. Other HSC staff are responsible for providing and facilitating appropriate Spiritual Care, including admission, clerical, nursing, medical, community, AHP, portering, domestic and catering staff.

Section 75 Group Total Trust Workforce Profile as at

1 January 2015 Percentage

Gender Female Male

86.08 13.92

Religion Protestant Roman Catholic Not Known

39.09 55.81 5.10

Political Opinion

Broadly Unionist Broadly Nationalist Other Do Not Wish To Answer/Not Known

9.05 8.67 6.33 75.95

Age

16-24 25-34 35-44 45-54 55-64 65+

4.57 24.61 23.82 27.40 17.03 2.58

Marital Status Single Married Not Known

27.01 65.55 7.45

Dependent Status Caring for a Child/Children / Dependant Older Person / Person With a Disability None/Not Known

26.84 73.16

Disability Yes No Not Known

2.07 77.66 20.27

Ethnicity

Bangladeshi Black African Black Caribbean Black Other Chinese Filipino Indian

0 0.10 0.02 0.01 0.05 0.28 0.67

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Irish Traveller Mixed Ethnic Group Pakistani White Not Known

0.03 0.14 0.13 80.29 18.29

Sexual Orientation towards:

Opposite Sex Same Sex Same and Opposite Sex Do Not Wish To Answer/Not Known

43.64 0.59 0.01 55.76

2.3 Patients / Clients Affected

(complete as far as possible with information available to you)

NB: All patients/clients and staff are entitled to receive appropriate religious, spiritual and pastoral care while under the care of the HSC. Even if a patient/client does not declare any particular religious affiliation, it should not be assumed they will have no spiritual or pastoral needs. The services of chaplains should also be offered in these situations, where appropriate.

Section 75 Group Make up of Patients/Clients Affected Percentage

Gender Female Male

Both males and females

Religion

Protestant Roman Catholic Other

The Chaplaincy Service will enable staff to identify, assess and respond appropriately to spiritual needs. The Chaplaincy Service will offer specific and appropriate religious ministries within the healthcare environment.

The Chaplaincy Service will facilitate confidential referral of patients/clients to their own faith community/belief group representative, where this has been requested by the patient. Chaplains will not at any time try to manipulate the religious, spiritual or cultural beliefs that are held by the patient/ client being visited. Scriptures from other faiths can be provided on request and are available in the Quiet Room. Religious

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groups are free to share literature (i.e. literature which will not cause upset

or distress) with members

of their particular faith group, however, general distribution of this literature is not deemed appropriate.

Political Opinion

Broadly Unionist Broadly Nationalist Other Do Not Wish To Answer/Not Known

As above

Age

0-15 16-24 25-44 45-64 65-84 85+

All age groups

Marital Status Single Married Other

Single, married and other

Dependent Status Caring for a Child/Children/Dependant Older Person/Person(s) With a Disability None/Not known

Those with or without dependents

Disability

Yes No Not known

The individual needs of persons with disabilities will be taken into account e.g. provision of sign language interpreter and/or the provision of information in alternative formats.

Ethnicity

Black African Bangladeshi Black Caribbean Chinese Indian Irish Traveller Pakistani Mixed Ethnic Filipino Black Other Asian Other White Other

The Chaplaincy Service will facilitate confidential referral of patients/clients to their own faith community/belief group representative, where this has been requested by the patient. Chaplains will not at any time try to manipulate the religious, spiritual or cultural beliefs that are held by the patient/ client being visited. Scriptures from other faiths can be provided on request and are available in the Quiet Room. Religious groups are free to share literature (i.e. literature which will not cause upset

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or distress) with members

of their particular faith group, however, general distribution of this literature is not deemed appropriate. The individual needs of persons who do not speak English as a first language will be taken into account e.g. provision of a face to face language interpreter and/or the provision of information in alternative formats.

Sexual Orientation towards:

Opposite Sex Same Sex Same and Opposite Sex Do Not Wish To Answer/Not known

Those who have a sexual orientation toward the opposite sex, same sex and opposite sex.

2.4 Southern Trust’s Area Population Profile – Census 2011

(NB: in some instances you may need to be more specific and use local District Council areas – please contact the Equality Unit).

Section 75 Group Trust’s Area Population Profile Percentage

Gender Female Male

50.36 49.64

Religion Protestant Roman Catholic Other

39.15 56.69 4.16

Political Opinion Not collected

Age

0-15 16-24 25-44 45-64 65-84 85+

22.73 12.25 28.45 23.40 11.69 1.48

Marital Status Single Married Other

34.99 50.24 14.77

Dependent Status (based on 131,129 households)

Households with dependent children. 37.39

Disability (based on 131,129 households)

Households with one or more persons with a limiting long term illness

40.57

Ethnicity

Black African Bangladeshi Black Caribbean Chinese

0.11 0.01 0.01 0.22

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Indian Irish Traveller Pakistani Mixed Ethnic Group Black Other Asian Other White Other

0.17 0.15 0.07 0.29 0.10 0.20 98.51 0.16

Sexual Orientation towards:

Estimated 6-10% of persons identify as lesbian, gay, bisexual – Source: 2012 report by Disability Action & Rainbow Project

(3) Needs, experiences and priorities

(3.1) Taking into account the information above what are the different needs,

experiences and priorities of each of the Section 75 categories and for both service users and staff. (NB: Use relevant statistical and qualitative data to complete the table below)

Section 75 Category

Details of Needs, Experiences and Priorities

Staff Service Users

Gender

Age

Religion See 2.3 above

Political Opinion

See 2.3 above

Marital Status

Dependent Status

Disability See 2.3 above

Ethnicity See 2.3 above

Sexual Orientation

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(3.2) Provide details of how you have involved stakeholders, views of colleagues, service users and staff etc when screening this policy/proposal.

The Policy was shared with Management and staff including the Trust’s Chaplaincy Forum and the Trust’s Race Equality in Health Forum and is drafted on a model on best practice as provided for via the Executive Council of the NI Healthcare Chaplains’ Association in consultation with the DHSSPS and is aimed at raising the profile and standard of spiritual care in NI.

(4) Screening Questions

You now have to assess whether the impact of the policy/proposal is major, minor or none. You will need to make an informed judgement based on the information you have gathered.

(4.1) What is the likely impact of equality of opportunity for those affected by this policy/proposal, for each of the Section 75 equality categories?

Section 75 category

Details of policy/proposal impact Level of impact? Minor/major/none Staff Service Users

Gender None None

None – having regard to the particular needs of patients in terms of their spiritual needs, information and communication needs as well as their needs in terms of observing cultural sensitivities – see 2.3 above.

Age None None See gender above as well as 2.3 above.

Religion None None See gender above as well as 2.3 above.

Political Opinion

None None See gender above as well as 2.3 above.

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Marital Status

None None See gender above as well as 2.3 above.

Dependent Status

None None See gender above as well as 2.3 above.

Disability None None See gender above as well as 2.3 above.

Ethnicity None None See gender above as well as 2.3 above.

Sexual Orientation

None None See gender above as well as 2.3 above.

(4.2) Are there opportunities to better promote equality of opportunity for people within Section 75 equality categories?

Section 75 category Please provide details

Gender

Age

Religion See 2.3 above

Political Opinion See 2.3 above

Marital Status

Dependent Status

Disability See 2.3 above

Ethnicity See 2.3 above

Sexual Orientation

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(4.3) To what extent is the policy/proposal likely to impact on good relations between people of different religious belief, political opinion or racial group? minor/major/none

Good relations category

Details of policy/proposal impact

Level of impact Minor/major/none

Religious belief

Positive impact as the purpose of the Spiritual Care Policy is to set out how Spiritual Care Services are recognised and provided for within the SHSCT Hospitals. This policy extends to patients, clients, relatives, carers and staff and those with specific responsibility to provide spiritual care.

Political opinion

As above

Racial group As above

(4.4) Are there opportunities to better promote good relations between people of different religious belief, political opinion or racial group?

Good relations category Please provide details

Religious belief See 2.3 and 4.3 above

Political opinion See 2.3 and 4.3 above

Racial group See 2.3 and 4.3 above

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(5) Consideration of Disability Duties

(5.1) How does the policy/proposal encourage disabled people to participate in public life and promote positive attitudes towards disabled people?

The needs of staff and patients with disabilities will be taken into account in the application of the policy e.g. the provision of the policy in alternative languages and formats where requested, by communicating with patients in their preferred language or format i.e. taking into account their individual needs and preferences and by safeguarding cultural sensitivities. See also the Trust’s Multi Cultural and Beliefs Handbook which is available on the Trust’s intranet.

(6) Consideration of Human Rights

The Trust has a duty to act compatibly and must take Human Rights considerations into account in its day-to-day functions/activities.

(6.1) How does the policy/proposal impact on Human Rights? Complete for each of the articles

Article

Positive impact

Negative impact = human right interfered

with or restricted

Neutral impact

Article 2 – Right to life √

Article 3 – Right to freedom from torture, inhuman or degrading treatment or punishment

√

Article 4 – Right to freedom from slavery, servitude & forced or compulsory labour

√

Article 5 – Right to liberty & security of person √

Article 6 – Right to a fair & public trial within a reasonable time

√

Article 7 – Right to freedom from retrospective criminal law & no punishment without law

√

Article 8 – Right to respect for private & family life, home and correspondence.

√

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Article

Positive impact

Negative impact = human right interfered

with or restricted

Neutral impact

Article 9 – Right to freedom of thought, conscience & religion

√

Article 10 – Right to freedom of expression √

Article 11 – Right to freedom of assembly & association

√

Article 12 – Right to marry & found a family √

Article 14 – Prohibition of discrimination in the enjoyment of the convention rights

√

1st protocol Article 1 – Right to a peaceful enjoyment of possessions & protection of property

√

1st protocol Article 2 – Right of access to education

√

Please note: If you have identified potential negative impact in relation to any of the Articles in the table above, speak to your line manager and/or

Equality Unit on Tel: 028 3741 2522 / 2643 / 2509 It may also be necessary to seek legal advice.

(6.2) Please outline any actions you will take to promote awareness of human rights and evidence that human rights have been taken into consideration in decision making processes.

The Trust is committed to the safeguarding and promotion of Human Rights in all aspects of its work. The Human Rights Act 1998 gives effect in UK Law to the European Convention on Human Rights and requires legislation to be integrated so far as possible in a way that is compatible with the convention rights and makes it unlawful for a public body to act incompatibly with the convention rights. Provision of on-going staff training and awareness. In recent years Northern Ireland has become a more religiously and culturally diverse country, albeit with Christianity still the predominant faith. It is a legal right, a human right and good practice that all people of whatever culture/faith/belief should be treated fairly, with respect and dignity, particularly at vulnerable times such as when in hospital.

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Different cultural, faith and belief groups have a variety of views on health, ill health, birth, dying and death. Staff need to be aware of the faith and cultural diversity which will affect their path and outcome of treatment. See also the Trust’s Multi Cultural and Beliefs Handbook available on the Trust’s intranet.

Ensuring policies are appropriately screened from a S75 and human rights perspective and thereby ensuring this Policy reflects the needs of an increasingly diverse society.

(7) Screening Decision

(7.1) Given the answers in Section 4 of this template, how would you categorise the impacts of this decision or policy/proposal? (Please tick one option below and list your reasons for the decision in 7.2 below)

Major impact See Page 7 of Guidance Notes (click

here)

EQIA Required? (Delete as appropriate)

No

Minor impact See Page 7 of Guidance Notes (click

here)

Mitigation Required Alternative Policy

Required

No No

No impact √ See Page 7 of Guidance Notes (click

here) Screened Out

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(7.2) Please give reasons for your decision and detail any mitigation or alternative policies considered.

The policy has been screened out as it aims to promote and safeguard human rights by ensuring that patients have the right to spiritual/religious care where requested. The SHSCT recognises that spiritual care is an integral aspect of healthcare. Total care includes care for the physical, social, psychological and spiritual dimensions of the person. Spiritual care is often used as the overall term and is relevant for all. For some their spiritual needs are met by religious care - the visits, prayers, worship, rites and sacraments often provided by a faith leader or representative of the faith community or belief group.

The policy is aimed at ensuring that the SHSCT provides appropriate spiritual care to patients in hospital. There is no evidence to suggest that the policy will have an adverse impact on patients.

The Trust has consulted with a range of stakeholders including Trust Management, Staff, Trade Unions, the Trust’s Chaplaincy Forum and the Trust’s Race Equality in Health Forum in drafting and finalising this policy and associated screening template.

(7.3) Do you consider the policy/proposal needs to be subjected to ongoing

screening? NB: for strategies/policies that are to be put in place through a series of stages – screen at various stages during implementation.

Yes

No √

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(8) Monitoring

(8.1) Please detail how you will monitor the effect of the policy/proposal for equality of opportunity and good relations, disability duties and human rights?

The HSC will facilitate and support a culture where spiritual care is seen as an integral part of the normal care given by all staff. The Trust’s Quality and Patient Support Officer will be responsible for the monitoring of the Trust’s Spiritual Care Policy and for ensuring that patient information is handled in line with: the relevant Legislative Framework; the Trust’s Policies, Procedures and Guidance including adherence with: Data Protection and Confidentiality Principles; the various IT Policies; Record Keeping; and Retention and Disposal of Records Chaplaincy staff must also ensure that their mandatory training is up to date and that they comply with the relevant Trust Policy with regards to the safe handling and storage of patient information.

Approved Lead Officer: Debbie Burns

Position: Interim Director of Acute Services

Email: Deborah.Burns@southerntrust.hscni.net

Telephone No: (028) 38 612510

Date: 19 June 2015

Policy/proposal screened by: Edel Corr, Stephen Haughey and Lynda Gordon

Please forward completed screening template to

christine.white@southerntrust.hscni.net for recording and uploading onto the Trust’s website.