The Scottish Government

DISABILITY EQUALITY SCHEME 2008-2011

MINISTERIAL FOREWORD

I am delighted to introduce the Scottish Government's disability equality scheme 2008-11.

Scotland should be a place where all of its people are treated fairly and have the opportunity to fulfil their potential in all aspects of their lives. We know for many disabled people in Scotland that this vision is not yet a reality.

Too often disabled people face barriers and discrimination that deny them equal access to information, education, health services, work and the opportunity and choice to live independently. The Scottish Government is committed to creating a more successful country, with opportunities for all of Scotland to flourish. However, if we are to achieve this objective we need to ensure that the frameworks and the policies which we develop take account of disabled people's needs and experiences and address the barriers that prevent equality.

I believe the duty to promote disability equality helps us and the wider public sector to deliver the changes that are needed to make real improvements to disabled people's lives. The duty is an instrument to drive both institutional and cultural change. It ensures that public organisations systematically consider the impact of all their policies and services on disabled people and are active in finding ways to remove disadvantage and discrimination.

This revised Scheme sets out how, as an organisation, we intend to meet our disability equality duty over the next three years. It outlines the actions we intend to take to ensure that our policies, practices and services take into account the needs of disabled people. Our scheme also highlights the important role that disabled people have in shaping our policy development so that real improvements can be made to their lives.

We know that achieving equality for disabled people will not be easy, but we are committed to continuing to take forward this challenge and creating an inclusive, fairer and just Scotland that we can rightfully be proud to live in.

NICOLA STURGEON, MSP

CABINET SECRETARY FOR HEALTH AND WELLBEING

MAY 2008

CONTENTS

CHAPTER 1 - INTRODUCTION TO THE DISABILITY EQUALITY SCHEME

Background

1.1 Our work on equality encompasses age, disability, gender, race, religion and sexual orientation (often referred to as 6 strands). Our approach is shaped by legislation and by the strategic commitment to mainstreaming which lies at the heart of the Scottish Government's Equality Strategy. By 'mainstreaming' we mean integrating equality into the everyday work of Government. Commitments to consultation, developing research and statistics, and awareness raising underpin the mainstreaming approach.

1.2 Significant progress has been made in tackling discrimination and promoting equal opportunities through a number of routes including:

• legislation introduced through the Scottish Parliament;
• improving data, information and research;
• increasing consultation and dialogue with equality groups;
• raising awareness of equality through campaigns such as 'See Me' campaign

The legal context - a move towards promotion of equality

1.3 The legislative landscape on equality has changed significantly in recent years. Following the move to a proactive race equality duty established by the Race Relations (Amendment) Act 2000, two further statutory duties have been introduced through the Disability Discrimination Act 2005 and the Equality Act 2006. Public bodies are now required to promote equality of opportunity in relation to race, disability and gender. All three of these duties require key public bodies to publish schemes setting out what they will do to promote equality.

1.4 Following the change of Government in May 2007 and consequent changes to the structure and policy approach of the Scottish Government, we have revised and updated our disability equality scheme. This document is the Scottish Government's disability equality scheme for the period from May 2008 - May 2011.

Coverage of the Scottish Government's disability equality scheme

1.5 The Scottish Government is the devolved government for Scotland. It is responsible for most of the issues of day-to-day concern to the people of Scotland, including health, education, justice, housing, environment and rural affairs, and transport. The work of the Scottish Government is carried out by Directorates and agencies. The Scottish Government's disability equality scheme covers all Scottish Government Directorates and agencies (other than those listed at paragraph 1.7).

1.6 Agencies are established by Ministers as part of the Scottish Government to carry out a discrete area of work. Current Scottish Government agencies are:

1.7 The National Archives of Scotland and the Registers of Scotland are Scottish Government agencies which also have the duty placed on them directly and must produce their own scheme. The Scottish Prison Service and Scottish Courts Service are Scottish Government agencies that have chosen to publish their own associate schemes rather than be included within this document. Links to these agencies' websites are at Annex A.

1.8 Non-Ministerial Directorates and agencies are directorates and agencies of a government that are not headed by a Minister and answer directly to legislature. These are not covered by the Scottish Government's disability equality scheme.

1.9 Public Bodies are not covered by the Scottish Government's scheme. These can be defined as bodies which have a role in the processes of national Government, but are not part of Government, and which accordingly operate to a greater or lesser extent at arm's length from Ministers. Many public bodies are known in Government circles as 'Non-departmental Public Bodies' (NDPBs). This term covers a wide and diverse range of organisations of varying size and responsibilities. Scottish Government NDPBs are normally established by statute such as an Act of Parliament or Royal Charter and carry out administrative, commercial, Scottish Government or regulatory functions on behalf of Government. They employ their own staff, who are not civil servants, and are responsible for managing their own budgets. Many NDPBs are themselves covered by the disability equality duty and have produced their own disability equality schemes.

Our approach to the disability equality scheme

1.10 The Scottish Government is a large organisation with a complex structure, delivering services and exercising functions which cover a vast range of issues which impact upon all the people of Scotland. We made early contact with national disability organisations and had initial discussions on how best to involve disabled people in the development of our disability equality scheme and this is discussed in more detail in chapter 3. This section focuses on the internal structures which we established to help us develop a strategic approach to disability equality and to producing our disability equality scheme.

1.11 Our internal approach to implementing the duty was led by the Equality Unit and started with the establishment of our Equality Scheme Implementation Group (ESIG) in April 2006. This group included officials from across the Scottish Government and its agencies and provided an oversight of our activities. In addition, to enable us to take forward our work plan and timetable for the implementation of the public sector equality duties effectively, we established a network of contacts across directorates and agencies. Officials in this network were involved in the dissemination of information across the organisation and the co-ordination of action.

1.12 Working with ESIG, the Equality Unit developed guidance on the disability equality duty, developed an Equality Impact Assessment Tool and put in place a system to allow directorates and agencies to provide strategic, co-ordinated input to the content of the scheme. We also delivered a programme of briefing sessions for senior management, business planning officials and other key advisers. This has been followed up with briefing sessions for staff across the Scottish Government on the new public duties and the Equality Impact Assessment Tool.

1.13 Scottish Government officials also engaged with the Disability Rights Commission during 2006 in determining our approach to the scheme and in the preparation of DRC guidance for the Scottish Government which was published in early 2007.

Structure of the disability equality scheme

1.14 Our disability equality scheme contains 10 chapters, structured as follows:

• chapters 1 and 2 introduce the scheme and set it in the context of the Scottish Government's approach to disability equality;
• chapter 3 discusses how disabled people have been involved in the development of the scheme and our plans for developing this;
• chapter 4 describes our approach to disability equality impact assessment;
• chapters 5, 6, and 7 set out Scottish Government corporate functions and describe how we will take forward disability equality in these areas, including information gathering; and
• chapter 8 contains directorate and agency action plans setting out how the policy work of Government will deliver the disability equality duty;
• an Annex referring to other documents and websites is included at the end.

Annual reporting

1.15 The disability equality duty requires the Scottish Government to report annually on the progress which we are making to promote disability equality. We published our first annual report on 3 December 2007 and our next annual report will be in December 2007.

Comments

1.16 We are keen to engage and involve those who are affected by our work on disability equality or those who have an interest in it. We would like to know what you think about our disability equality scheme, and how we are making progress, and will give serious consideration to how you think we could do things better.

1.17 We would therefore welcome your comments on this Scheme. Please send them by e-mail to equality.unit@scotland.gsi.gov.uk; or by post to Graeme Bryce, Scottish Government, Equality Unit, Area 2-G, Victoria Quay, Edinburgh, EH6 6QQ.

CHAPTER 2 - SCOTTISH GOVERNMENT APPROACH TO DISABILITY EQUALITY

Background

2.1 The Scottish Government's stated purpose is to focus the Government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth. This will be achieved through five strategic objectives and a suite of national outcomes. Progress on outcomes will be measured through national indicators and targets.

2.2 A number of the national outcomes relate to disability equality work.

• We have tackled the significant inequalities in Scottish society.
• We have strong, resilient and supportive communities where people take responsibility for their own actions and how they affect others.
• We live in well-designed, sustainable places where we are able to access the amenities and services we need.
• We have improved the life chances for children, young people and families at risk.
• Our young people are successful learners, confident individuals, effective contributors and responsible citizens.

Mainstreaming

2.3 Since 2000 the Scottish Government has been pushing forward activities to embed equality, including disability equality, into all its activities and in 2005 gave this work a particular focus with the establishment of a Mainstreaming team within the Scottish Government's Equality Unit. The focus of their work has been to encourage thinking across Government about equality issues in the development of policies and programmes and to ensure that the systems of the Scottish Government are geared to supporting staff in this. Some examples of the progress which has been made are:

• Equality issues, including disability, are incorporated into the Better Policy Making guidance available to staff;
• Updated guidance on equalities is provided to bill teams and an equality clause is considered for all Scottish Government bills;
• The Good Consultation Guide was reviewed for its equality content;
• Equalities is included in the guidance for public bodies on Best Value;
• Business planning guidance for Scottish Government directorates and agencies highlights the need to consider equality issues; and
• The guidance on preparation of the Scottish Government's draft budget requests information on equality.

Consultation and communication

2.4 The duty sets a framework to help us deliver better dialogue and communication mechanisms and to go further to involve disabled people in Scottish Government policy making. Since 2002 we have been supporting 2 national grassroots disability organisations to develop networks and structures with disability communities across Scotland. Our funding for Inclusion Scotland and the Scottish Disability Equality Forum has helped us to reach and engage directly with disabled people. The disability equality duty gives an opportunity to strengthen the way that we work with disabled people and this is discussed further in chapter 4. We remain committed to working with national disability led organisations.

2.5 We also have direct links and close working relations with key service providers in the disability sector who in turn have networks of disabled people. We have been keen to engage their experience and have valued their work with us.

2.6 Several directorates have fostered strong links with disability communities and will be seeking to maintain and broaden these links in the period ahead. Parts of Government which have not traditionally had much contact with disabled groups directly recognise the value of doing so and a programme of work will be undertaken to assist them.

Developing research and statistics

2.7 Developing the information base in relation to disability has also been a key strand of our work. We published the Social Focus on Disability in August 2004 and a report on High Level equality statistics in November 2006. Our plans for developing this work further are discussed at chapter 9.

Looking ahead

Cross Government work

2.8 The Scottish Government is a large and complex organisation. To ensure cohesion and consistency in our approach to disability equality a number of cross Government structures exist. These include the Equality Scheme Implementation Group, an Analysts working group, and an advisory group for the Scottish Ministers' reports (see paragraph 2.13 below).

Public Sector Equality Forum

2.9 The Scottish Government is committed to continuing to work with the ehrc, disabled people and public authorities in Scotland to encourage and support the implementation of the disability equality duty. As part of this we plan to establish a Public Sector Equality Forum and will use this as a route to promote shared or joint approaches by public authorities. This Forum will be able to consider the issues arising from all three public equality duties.

Scottish Ministers duty

2.10 The specific duties set out in the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 require the Scottish Ministers to publish reports by 1 December 2008 (and every 3 years thereafter) giving an overview on progress towards equality of opportunity between disabled people and other people made by public authorities. The duty will also require Ministers to set out proposals for the co-ordination of action by public authorities to progress disability equality.

The Concordat with COSLA

2.11 The concordat agreed between the Scottish Government and Convention of Scottish Local Authorities (COSLA) sets out the new relationship between the Scottish Government and local government and accepts that although the Scottish Government will set policy direction, it will stand back from micro-managing service delivery. Single Outcome Agreements are a major part of the concordat and free up local authorities and their partners to meet the varying local needs across Scotland. Local authorities are expected to set out their contribution to each National Outcome, and national outcome 7 states 'we have tackled the significant inequalities in Scottish society'.

2.12 Joint Guidance produced by the Scottish Government, COSLA, the Improvement Service, the Society Of Local Authority Chief Executives and Audit Scotland was issued in February 2007. Under the section on scope, councils are advised to set out their duties in relation to equalities.

CHAPTER 3 - INVOLVEMENT OF DISABLED PEOPLE IN THE DEVELOPMENT OF THE SCHEME

Background

3.1 The Scottish Government has long recognised that the involvement of disabled people is key to delivering disability equality and to developing our scheme. We also recognised that finding a mechanism for this involvement would be challenging.

3.2 We approached the involvement of disabled people in a number of ways. We wanted to build on existing relationships with disabled people and disability organisations that have been influencing Scottish Government policy for a number of years. However, we also recognised the importance of reaching beyond existing relationships and involving disabled people who have not in the past engaged with Government.

3.3 Taking account of a broad range of views on disability, including the views of disabled people from rural communities, minority ethnic communities and young people was also important to us; and reaching disabled people with a broad range of impairments was another significant consideration. This presented particular challenges and we are committed to further developing our work on involvement.

Our approach to involvement

3.4 Our approach to involving disabled people in the development of the disability equality scheme has therefore followed a number of routes:

· A strategic disability working group;

· Direct engagement with national grassroots disability organisations and, through them, disabled people;

· Harnessing the expertise of our own disabled staff and those in the wider civil service;

· Building on existing relationships with disabled people across directorates and agencies and working in partnership to develop policies; and

• Looking ahead at ways of supporting meaningful involvement across the Scottish Government during the life of the scheme.

Strategic disability working group

3.5 The disability working group was established at the request of Scottish Ministers at the end of 2004. It reported in November 2006. The membership of the group included organisations of and for disabled people as well as a number of other public sector organisations including Scottish Enterprise and CoSLA. Many of the individuals who participated were disabled people.

3.6 The remit of the group was to 'establish priorities for the Scottish Government and partner organisations to promote equality for disabled people in Scotland'. One of the strands of work undertaken by the group was specifically in relation to the disability equality duty and a number of specific recommendations were made on this. However, all of the group's recommendations contribute to how the Scottish Government is responding to the new duty.

3.7 The Disability Working Group's recommendations were published in November 2006 and informed our first disability equality scheme, published in December 2006. The group's recommendations have also influenced the revision of the scheme and have helped to set actions for the period from May 2008-2011.

3.8 Although helpful, we recognised that the disability working group did not represent a full or effective involvement of disabled people in the development of the Scottish Government's disability equality scheme. We therefore sought to complement the group's input and report with a range of actions working directly with disabled people in order to reach a broader field of views and to focus more specifically on the scheme itself.

Work with national grassroots disability organisations

3.9 The Scottish Government has been supporting 2 national grassroots disability organisations since 2002 - Inclusion Scotland and the Scottish Disability Equality Forum. This has included providing funding for these organisations to reach disabled people and local disability groups across the country.

3.10 Both organisations arranged events for the Scottish Government to meet directly with disabled people to discuss the disability equality duty and the development of the Scottish Government's first disability equality scheme. These events took place in September 2006.

3.11 The Scottish Government has also been working with the Scottish Council on Deafness (SCoD) on a range of actions to support people who are Deaf, deafblind and hard of hearing. SCoD also organised an event for us to engage with these communities in September 2006.

3.12 A further meeting with disabled people then took place in November 2006 to look in more detail at the shape of the Scottish Government scheme and further prioritise action. Our events with disabled people were called 'Get Involved'.

3.13 What disabled people told us in late 2006 is still relevant and still important. We did not wish to lose the valuable input that we received and have used the material gathered through our 'Get Involved' events to inform the revision of the scheme.

3.14 However, we also undertook further involvement work, again through national grassroots disability organisations. We worked with the Scottish Disability Equality Forum to hold an event on 5 March 2008, with Inclusion Scotland on 10 March 2008, and with the Scottish Council on Deafness on 13 March. Through these events we provided disabled people with an opportunity to have their say on any issue important to them; and we also asked for specific input in relation to areas where involvement of disabled people had been weak in our first scheme.

Work with disabled staff

3.15 The Scottish Government has an active staff disability network. This was set up following the introduction of the Disability Discrimination Act 1995. In order to benefit from the knowledge and experience of our disabled staff we held an event with them on 23 June 2006 to discuss the disability equality duty and the development of the Scottish Government's first disability equality scheme. In addition, a proforma was sent out to the network inviting members to submit written answers to a number of questions about the development of the Scottish Government's scheme. Staff were invited to contribute their views as employees on staff employment matters and, as disabled people, on broader disability equality issues.

3.16 For our 2008 revision of the scheme we wanted to build on the expertise of our staff disability network and reach a greater number of staff. We therefore used a questionnaire which we issued to all staff who had declared themselves to be disabled on our e-HR system. The questionnaire covered a range of issues related to the working environment and experiences of disabled staff, including future involvement, and the responses will be analysed and appropriate action taken.

Existing relationships which shape policy

3.17 The Scottish Government has, for many years, been working with disabled people across directorates and agencies to help to inform policy. Examples include Fair for All: Disability (which informed health policy) and the disabled students stakeholders group. There are many other groups, structures and relationships and some of these are mentioned in the action plans later in this document.

The outcome of involvement - influencing the scheme

3.18 The Scottish Government recognises the importance of responding to disabled people's views. In developing our scheme, we used the outcome of our engagement with disabled people to influence the style, structure and content of the scheme and, crucially, to shape priorities for action.

Strategic Disability Working Group

3.19 The disability working group has directly shaped Scottish Government policy making. The group made recommendations for action to help to deliver the disability equality duty and the Scottish Government will fund this activity over the life of the current scheme (2008-2011). The Scottish Government's full response to the group's report was published alongside the report in November 2006.

Work with national grassroots disability organisations

3.20 We worked with national grassroots disability organisations to run our 'Get Involved' events in autumn 2006 and March 2007. Reports of the issues raised at these events were issued to Scottish Government directorates and agencies along with guidance on developing their action plans. Directorates and agencies were asked to use this material to help them identify policy priorities. The outcome of this is reflected in the action plans which include activity prioritised by disabled people.

3.21 Disabled people attending the 'Get Involved' events also identified a range of strategic priorities which would be essential for an effective delivery of the disability equality scheme. These priorities are very similar to some of those identified by the disability working group.

3.22 These strategic priorities identified by disabled people include:

• Disability Equality Training
• Accessible Communication
• Awareness, Media and Imagery

3.23 The Scottish Government will deliver a programme of work over the next 3 years in relation to each of these.

Action on strategic priorities identified by disabled people

Work with disabled staff

3.24 In developing the scheme, the issues raised by disabled staff centre around three areas: the working environment; promoting positive attitudes and being involved in HR decision making. We have considered all of the individual points raised and it was good to note that many of the specific points raised had already been actioned by the Scottish Government, or were in hand, although, clearly, there was still more work to be done.

3.25 Changes had already been made to the reasonable adjustment process and to the physical environment, including facilities for breaks from the work area, which are provided in most buildings. Further work is continuing to ensure that all of our IT systems are compatible with the assistive technology used by staff and increasing numbers of staff have been provided with equipment to allow them to carry out their duties effectively. A dedicated diversity trainer has been appointed and we are continuing to raise awareness of flexible working opportunities through a variety of mechanisms..

3.26 A programme of internal outreach and awareness raising is ongoing and some information has already been provided to staff on specific disabilities, both through lunchtime seminars and our diversity intranet pages. This work will continue and ongoing engagement will take place with disabled staff to ensure that that we are providing the information and advice that they require. We will also continue to use Saltire as our main method of communication with staff through a range of articles and features. A number of specific issues highlighted by individual staff members still require to be addressed and we will progress these as quickly as we are able. .

3.27 Since its inception, the Scottish Government's Diversity Team has had a mutually beneficial relationship with the staff Disability Network and its members. The Network has acted as a sounding board for a range of HR policies, influencing both the content of the policies and providing inspiration for future action areas. This role has both directly and indirectly influenced the scheme, in setting past priorities and in highlighting those that still need to be addressed. Steps have now been taken to ensure that all of our under-represented groups, including disabled staff, are actively included in our HR policy review process. We also have an external disabled person with a significant depth of experience in disability issues as a member of our Diversity Forum to bring an additional perspective to the Scottish Government's diversity agenda and have developed closer links with the Civil Service Disability Network and Diversity Practitioners' Network to share best practice.

Existing relationships which shape policy

3.28 Many directorates and agencies have existing relationships with disabled people through advisory groups, committees and events. Some of these relationships have helped to shape the content of the disability equality scheme. For example, Fair for All - Disability, the Health directorates' strategic partnership with the Disability Rights Commission (DRC), has worked with disabled people and NHS staff to develop a shared vision that improved access to health provision for disabled people cannot be led by legislation alone. This work has shaped the Health directorates' contributions to the disability equality scheme.

Reviewing involvement and moving forward

3.29 Involvement means more than consultation. It means taking a new approach that reflects disabled people's priorities in setting agendas. If involvement is meaningful it will empower disabled people and policy makers alike. While we have made a good start, we recognise that our approach has not delivered effective and meaningful involvement in a consistent way to inform all directorate and other actions plans.

3.30 We will develop the involvement of disabled people during the life of the scheme by:

· Supporting disability-led organisations

3.31 We already support a number of national disability-led organisations such as Inclusion Scotland, the Scottish Disability Equality Forum, the Scottish Council on Deafness and the Communication Forum Scotland, to help develop the capacity of their members to engage with the Scottish Government and other public bodies. We are keen to look at ways that we can further support disabled people and their organisations so that they can engage effectively with us.

· working with the British Sign Language (BSL) and Linguistic Access Working Group

3.32 Our BSL and Linguistic Access Working Group has been meeting since 2000 and is now supported by a BSL and Linguistic Access project manager, based in the Equality Unit. The project manager we have appointed has extensive experience in the deaf field and is responsible for driving the work of the group forward, including delivering a 'roadmap' for improving linguistic access across the Scottish Government by summer 2007. The group is made up of organisations representing Deaf BSL users, as well as people who are hard of hearing, deafened and deafblind, many of whom do not sign but who use other forms of communication.

· supporting involvement of disabled people in the work of Scottish Government directorates and agencies

3.33 The Equality Unit is looking at different ways to support directorates and agencies to involve disabled people in their work. And we have identified the need to ensure that the effective involvement of disabled people and other equality groups is strengthened and maintained in the long term.

Action to develop the involvement of disabled people during the life span of the scheme.

CHAPTER 4 - DISABILITY EQUALITY IMPACT ASSESSMENT

Background

4.1 Equality Impact Assessment (EQIA) is a tool for mainstreaming. It is a mechanism for the thorough and systematic analysis of a policy, to be used at the time of reviewing an existing policy, changing an existing policy or developing a new policy. The primary function of the EQIA is to determine the extent of differential impact upon the relevant groups, and in turn whether that impact is adverse, i.e. whether it has a negative impact on groups or individuals in relation to one or more of the equality strands. The equality strands are:

• Age
• Disability
• Gender
• Race
• Religion or Belief
• Sexual Orientation

The Scottish Government's approach to EQIA

4.2 The Scottish Government's approach to EQIA covers all 6 equality strands. If it is decided that the policy could fail to meet the needs of specific groups or has discriminatory outcomes, the policy developer must consider alternatives. These alternatives should consider ways in which the policy can more effectively achieve the promotion of equality of opportunity or any measures that should be employed to mitigate the adverse impact.

4.3 An EQIA will be considered for the full range of the Scottish Government's activities, strategies, functions, policies, legislation and processes.

4.4 Our EQIA was developed in-house and benefited from discussions with external organisations with knowledge of equality impact assessment methods including the Disability Rights Commission, the Equal Opportunities Commission, the Commission for Racial Equality, the Equality Network and others.

The Scottish Government's EQIA toolkit, guidance and training

4.5 We have developed an EQIA toolkit and associated guidance which is available online through the Scottish Government's intranet. What this means is that the toolkit and guidance are available to all staff on their desktop computers.

4.6 A full programme of briefing on the public equality duties and on EQIA has been delivered to support the roll out of the EQIA process. This programme started in June 2006 and was completed in early 2007. The briefings have been delivered on a departmental basis to small groups of officials from across a range of civil service grades. The aim is to ensure that all Scottish Government Divisions have staff briefed in use of the EQIA.

4.7 The Scottish Government's EQIA looks at key areas. (Shouldn't we add in here promoting equality ? These are:

1. Policy - a clear definition of the policy and its aims;

2. Collecting evidence and engagement with equality groups;

3. Differential Impact - reaching an informed decision on whether or not there is a differential impact on equality groups, at what level and what you will do to address any adverse impact;

4. Measuring outcomes - stating methods for monitoring and evaluating the policy to ensure that it is continuing to achieve the expected outcomes for all groups.

4.8 To help deliver this, the Scottish Government's EQIA includes the following 10 step process:

4.9 Guidance is available at each step and staff must complete the relevant sections of an online database which has been set up to record this process. The Scottish Government's EQIA toolkit and guidance are available online at the people and society, equality pages on the Scottish Government's website. A link to this website is attached in the Annex.

4.10 The Scottish Government's Equality Unit also offers support to staff on an individual basis and hosts regular 'drop-in surgeries' to provide support for those undertaking EQIAs.

4.11 Our EQIA and guidance require policy makers to be proactive and look at how they promote equality of opportunity, including the opportunity to encourage participation in public life, promote positive attitudes towards groups of individuals or promote good relations between different groups of individuals may be clear and obvious.

CHAPTER 5 - THE SCOTTISH GOVERNMENT AS AN EMPLOYER

51. The Scottish Government employs around 8000 staff within its core Directorates, Agencies and Associated Directorates and agencies. Our role as an employer is subject to the disability equality duty.

About the Diversity Team

5.2. The Diversity Team forms part of the SG's Employee Relations and Reward Team and is located with the Human Resources Division. The Team has lead responsibility for providing advice and guidance on the SG's employee policies on equal opportunities and diversity and also for implementing the SG's Diversity Strategy and wider Civil Service delivery strategies, including our current Diversity Delivery Plan.

5.3. The Team also undertakes outreach and awareness-raising activity, both internal and external, and supports the SG's six staff networks, including those for disabled staff, staff with caring responsibilities and those who work a flexible pattern.

Our existing policies and strategies

Equal opportunities and diversity policies

5.4. The Scottish Government's employee policy on equal opportunities is that all staff should be treated equally irrespective of any irrelevant difference, including their sex, marital status, age, race, ethnic origin, sexual orientation, disability, religion or belief, working pattern, employment status, gender identity, caring responsibility, or trade union membership.

5.5. In addition, we are committed to increasing the diversity of staff within the organisation, particularly those of our three main under-represented groups: disabled staff, senior women and staff from a minority ethnic background. We will develop all of our staff, ignoring those irrelevant differences. Furthermore, we will value the different perspectives and skills of all staff and make full use of these in our work.

Diversity Strategy

5.6. The Scottish Government's five-year Diversity Strategy, "Positive about You", was launched in November 2000. It set out a range of action points, under the heading of five main drivers to progress diversity. These were: it is the right thing to do; Scottish Government policy; Civil Service reform; the law; and the business case.

5.7. Following a review to ensure that it remained fit for purpose, it was re-launched as "Positive about You - 2004 and Beyond", in December 2004. The revised Strategy placed a renewed focus on the mainstreaming of diversity across the organisation and aimed to consolidate the substantial progress that had been made so far.

5.8. This was supplemented by the SG's Departmental Diversity Delivery Plan, published in July 2006. Work on a future Civil Service diversity strategy is currently underway and a launch is planned for Summer 2007.

Departmental Diversity Delivery Plan

5.9. As part of the Cabinet Office initiative, "Delivering a Diverse Civil Service - a 10 Point Plan", the SG, in common with other Government Directorates and agencies published its Departmental Diversity Delivery Plan. The plan set out how we planned to change the culture of our organisation and reap the benefits that having a diverse organisation brings.

5.10. The plan's progress has been overseen by the SG's Diversity Forum: a group of key diversity policy leads from across the organisation and is chaired by its Diversity Champion. It has also been monitored by the Cabinet Office Diversity Champions' Network. Many of the actions have already been achieved, and the work of the plan is now drawing to a close. A final evaluation will take place later this year.

SCOTTISH GOVERNMENT PROGRESS - DIVERSITY TARGETS, APRIL 2008

* Figures to be treated as confidential to preserve anonymity (numbers less than 5).

** No target set

*** Most recent figures

**** Senior Civil Service Pay Band 2 and above (Top management posts).

***** Information currently unavailable from the e-HR system.

Gathering Information on disability equality and diversity policies

5.11. Under the disability equality duty we are required to have systems in place for gathering information in relation to the recruitment, retention and development of our disabled employees. We use a number of systems for gathering this information and details of these are set out below.

Recruitment

5.12. As part of our resourcing policy that includes our recruitment process, information on disability is obtained from staff at the time of application and entry to the SG and is recorded on HR database systems, as is information on ethnicity and gender. Details of disability and ethnicity are held confidentially and are available only to selected HR staff on a 'need to know' basis. Staff diversity information, including disability, is subsequently updated on a self-service basis by individuals themselves.

Retention

5.13. The Diversity Team, in conjunction with the SG's Management Information Team, undertakes the key reporting role on equal opportunities and diversity issues for the SG as an employer. We report to our People and Business Innovation Group on a wide range of staffing issues, including turnover, attendance and progress towards our targets for under-represented groups. In addition, the HR Management Information Team also provides an annual submission to Cabinet Office as part of the UK-wide collection of information on civil servants. Plans are also in hand to publish a range of diversity information on the SG's internet site on a six-monthly basis.

Development

5.14 We record information on staff progress through the organisation in our HR database and some of this is evidenced in the progress towards our diversity targets. Although each member of staff does complete a Personal Learning Plan as part of the Performance Management process, this information cannot easily be disaggregated by equality strand. A new additional learning management module for our electronic human resources system is currently in the process of being developed. This system will provide a platform for staff and managers to record their planned and actual learning activities and also any learning activity that has been refused or not undertaken. This will allow us to ensure that all staff are accessing and undertaking learning opportunities at the same rate,

5.15 We also gather information on a range of other HR policies and in a variety of ways, including:

• Dignity at Work

5.16. Our Dignity at Work policy aims to eliminate discrimination, bullying, harassment and victimisation. As part of our monitoring of the policy, we gather detailed information on an annual basis on every case recorded to enable us to identify and act on any incidents of discrimination or other unacceptable behaviour. If a complaint of discrimination, or any other form of unacceptable behaviour is raised, this is fully investigated by an independent pool of trained Investigating Officers, using the process set out in the policy. If it is decided that the complaint is well-founded, action will be taken under the SG's disciplinary procedures. Depending on the type of complaint, the penalty can be up to, and including, dismissal. Further training can also be recommended.

• Performance Management

5.17. Effective operation of the Performance Management system will make an important contribution to meeting our commitment to disability equality by ensuring all staff are valued for their individual contribution and their performance is assessed fairly regardless of irrelevant difference. All staff have a responsibility to ensure that their participation in the performance management process supports the SG's diversity agenda. We review all markings given under Performance Management System to ensure that the system is free from bias and undertake regular equal pay reviews to ensure that our pay system is transparent and non-discriminatory. From 2008, all staff will also have a mandatory personal diversity objective as part of their performance appraisal.

• Employee Consultation

5.18. We also consult disabled staff directly, through our disabled staff network and other communications, which we use where input is required, e.g. for the HR policy review process. Our annual employee survey also gathers a wide range of information from staff, including a range of equalities information.

Using information in meeting the disability equality duty

5.19. Under the disability equality duty we are required to make arrangements for using the information that we have gathered on staff recruitment, development and retention to help us review the effectiveness of the action that we are taking and inform future schemes. The details of how we aim to meet this requirement are set out below.

5.20. The information we gather is used on an ongoing basis as part of the monitoring and equality proofing of all of our HR policies. We aIso use the SG's Equality Impact Assessment process to identify issues of concern. If evidence of discrimination or unfair treatment is apparent from any of our monitoring procedures, we consider this further and put in place remedial action as required, e.g. by adapting existing policies or processes to eliminate such discrimination or undertaking awareness raising activity. Once any changes have been made, we would then seek feedback from staff and stakeholders once these have been put in place to ensure that they are effective. We review each of our policies and practices on a regular basis, seeking the views of equality groups, including the members of our staff Disability Network, as appropriate, and taking any action to address evidence of inequality.

5.21. Our Diversity Delivery Plan set out a range of action points across all equality strands and these have been reviewed every six months by the Diversity Forum. Each lead policy officer summarised recent action in each of their policy areas and future actions were agreed by the Forum members. The Plan is has also been reviewed at a Cabinet Office level by the Diversity Champions Network, which ensured that departmental action was supporting the wider Civil Service agenda and that progress continued to be made towards our targets. Progress towards our diversity targets is also monitored internally on a quarterly basis and we take steps, as appropriate, to address any issues arising from this information. As the work of the plan is now drawing to an end, a final evaluation will be undertaken later this year, in preparation for the launch of the new Civil Service Diversity Strategy.

5.22. We also take the following action to ensure the effective recruitment, retention and development of disabled staff:

• Recruitment

5.23. Disabled candidates are automatically invited to interview for a post if they meet the defined minimum criteria and reasonable adjustments are made to the recruitment process as required. A statement about this appears on our recruitment code on our web-site and the guaranteed interview symbol appears on press adverts. The guaranteed interview scheme also applies to internally advertised posts.. As part of its annual audit, the Office of Civil Service Commissioners (OCSC) ensures proper arrangements for disabled staff are in place. All candidates' details are recorded on our recruitment database and reports are available on demand. If it is apparent from the monitoring of our recruitment processes that action is required to address any particular area, e.g. continued under-representation, we will consider if any additional action is required, such as further outreach work, alterations to our advertising or changes to our recruitment processes. We will also review past recruitment activity to ensure that future initiatives are appropriately targeted to support our aim of becoming an organisation that broadly represents the communities we serve. All recruitment and selection boards and processes must consist of at least one member of staff who has undergone the SG competency based selection interviewing training. This training includes training on interviewing disabled staff and the responsibility to ensure appropriate reasonable adjustments for disabled staff are put in place.

• Development

5.24. Where required, we make arrangements to ensure that disabled staff can access corporate courses offered to all staff. For example, we will ensure that visually impaired staff can access course materials online using assistive technology and can also receive 1-2-1 training covering essential business needs (e.g. IT skills) as required. Staff can also arrange loans of lap tops and on line learning materials to allow then to learn in a place and time that suits them. Materials are also made available in large print and in dyslexia-friendly print colours, and we have the option to record audio books of training materials where required. Our dedicated training facilities on the SE estate are fully accessible to wheelchair users and disabled staff with mobility and other impairments. If particular groups are under-represented in relation to any of our development opportunities we will take steps to encourage applications from these particular groups and make adjustments to training methods and timetabling if possible. We will also work to ensure there is appropriate representation which reflects the wider SG population on particular training courses where this is possible.

• Retention

5.25. Although the current SG staff turnover rate is very small, we are committed to the retention of disabled staff. Our policies require that line managers should make reasonable adjustments to accommodate and retain disabled staff in their posts and the procedures that arise from those policies acknowledge this (e.g. in cases of alleged misconduct, the disciplinary procedures require line managers and/or HR to establish the facts before deciding what action might be appropriate. If the reason for the alleged misconduct is related to an individual's disability, reasonable adjustments are considered instead of disciplinary action). The SG's HR Diversity Team and HR Professional Advisers Unit work closely to ensure that this is achieved through the provision of professional advice and through practical support. Information on the success of this strategy is obtained on a case by case basis as issues arise. We will also monitor more closely the reasons for staff leaving the organisation and use evidence from this to address any areas of inequality or unfair treatment in our policies and processes.

Involving our disabled staff

5.26. The SG is keen to work closely with all disabled staff to ensure that their needs are met and that we continue to make improvements within the workplace. We have undertaken a questionnaire exercise with all of our disabled staff, including members of our Disability Network, to agree with them their priorities for action in improving the working environment, in promoting positive attitudes and involving them in then decision-making process. There are a number of areas where these have already been taken forward:

The Work Environment

5.27. A number of our buildings have informal areas where staff can take a break from their immediate workspace. In addition, individual access to our first aid rooms can be made available if required for longer rest breaks. We have provided a wide range of equipment and adjustments for our disabled staff, including physical improvements, and hard and software. The adjustment process is now supported by our HR Professional Advisers, on an individual casework basis, giving a more personal and consistent approach. We also continue to work closely with our Information Technology and Procurement colleagues to try to ensure that any new systems are accessible and compatible with existing software. Our flexi-time system is available through our Intranet and so, for the first time, can now be used by many of our visually impaired staff. Where access is not possible, e.g. with our new access control system, adjustments have been made. We are also seeking to address existing diversity and disability training needs and a specialist training post for equality and diversity issues has now been created by Corporate Learning Services.

Promoting positive attitudes

5.28. All of our diversity information is now located on our Diversity Intranet pages, allowing easier and more effective access. The information is reviewed and added to on a regular basis and suggestions from staff are always welcome. The first in a series of managers' guides has also recently been published, to support managers in the daily task of managing diversity and we have recently supported the Department for Work and Pensions in an evaluation of its Access to Work initiative. The Team also has a hard copy library of a range of information on specific disabilities. We continue to hold regular meetings of our Disability Network, which comprises both disabled staff and others with an interest in disability issues, and are represented on, and share information with, the Civil Service Disability Network on a regular basis.

Involvement in HR decision making

5.29. We continue to use the Disability Network as a sounding board for our HR policies. Currently, we are continuing to involve disabled staff in our policy review exercise to ensure they are included right from the outset and their views taken on board. As a result of involvement of disabled staff we intend to take the following specific action:

Further action

5.30. Although many disabled staff indicated they were content with their current work situation (almost 70% of those responding to a recent questionnaire issued to all of the SG's disabled staff), others indicated that they would welcome a variety of changes.

5.31. We have already undertaken a number of the actions which have been identified by our staff:

• We have introduced a one-day diversity training course which is available to everyone, and which includes work on disability issues.

• We have introduced a personal diversity objective for all staff, which is mandatory from April 2007.

• We have involved many of our disabled staff in the ongoing HR policy review exercise, with the opportunity to participate in targeted workshops.

• We have held regular meetings with our trades unions to discuss diversity issues, including those related to disability and disabled staff.

• We have produced a diversity newsletter, including an accessible version available on our intranet site.

• We have provided equipment and other IT support as reasonable adjustments for an increasing number of staff ( 82 staff in the financial year 2007/08).

• We have invited an expert diversity stakeholder to participate in our Diversity Forum.

5.32. There are a number of other action areas that were raised by staff which we have not yet had the opportunity to tackle. However, we will progress these with our disabled staff as part of our commitment both to them and to the wider disability agenda and include them in our future action planning process. In particular:

• We will continue to work to change attitudes to disability, though a range of mechanisms, including learning opportunities, featured communications, re-iterating the support of our most senior staff and the provision of additional guidance to our managers.

• We will consider further changes to the physical environment where we are able to do so.

• We will develop our intranet disability pages to improve the advice and guidance we currently provide for our disabled staff on the specific issues raised by them.

• We will work to improve engagement with our disabled staff by promoting our existing Disability Network, looking again at different methods of communication and information gathering and developing case studies of successful disabled staff.

HR Action Plan

CHAPTER 6 - PROCUREMENT

Background

6.1 The procurement activities of public bodies are highly regulated (EU Treaty, specific EU Directives on procurement and jurisprudence from the European Court of Justice and the national courts) which means that such bodies are obliged to ensure that they act in a transparent and proportionate manner ensuring equal treatment and non discrimination in all their activities. In essence, this means that good procurement practice is fundamentally about treating potential suppliers equally and awarding contracts on the basis of merit following fair and open competition wherever possible. In this respect, good procurement practice is therefore consistent with equality policies.

6.2 We have produced a guidance document for the public procurement community in Scotland highlighting the extent to which social issues including disability equality can be incorporated into procurement processes.

6.3 The Scottish Government accepts that as a major procurer of goods and services it has to ensure that those who are contracted by us do not compromise our duty to promote disability equality when carrying out services to the public on our behalf.

6.4 The Government has amended its standard set of terms and conditions to include a clause stating that contractors shall not unlawfully discriminate with regard to disability, age, gender, sexual orientation, race or religion.

6.5 We require potential contractors for significant contracts to disclose any adverse judgements/rulings and have published guidance for suppliers on our procurement website that warns that failure to comply with legislation may result in them being excluded from bidding.

6.6 We are currently looking - in conjunction with industry representative bodies - at the scope which exists to enable public purchasers to restrict participation in a competitive tendering exercise to companies which meet the definition of a "supported business" (a supported business is a business where more than 50% of the workers are disabled persons who by reason of the nature or severity of their disability are unable to take up work in the open labour market)

Procurement Action Plan

CHAPTER 7 - Gathering information and making use of information

Scottish Government Analytical Services Divisions

7.1 Research and evidence helps us to think about new and better ways of doing what we do and provides new insights, understandings and discoveries that are to the benefit of Scotland. The Scottish Government funds a wide range of analytical activity which both contributes to the knowledge base of Scotland, the UK and internationally and helps us to inform and assess Scottish Government policies.

7.2 All of the main Scottish Government Directorates have a dedicated Analytical Services Division (ASD), which provides integrated analytical support from social researchers, statisticians and economists which allow them to develop and resource a relevant and focussed evidence base which includes economic appraisal, social research, evaluation and statistical analysis.

Delivering the Duty: The Importance of Evidence

7.3 The Scottish Government (SG) is committed to evidence based policy-making. This means that we work to ensure we develop and implement good quality policies on the basis of sound evidence (or data). We gather evidence from a range of sources, for example, we may review published research or commission new studies where research is missing or limited. We analyse information and statistics and we consult with people who have knowledge, expertise and relevant experience of the issues in question.

7.4 We recognise the importance of continually improving the quality of our evidence, particularly in terms of equality data. Specifically, we understand the need to provide a comprehensive picture of the experiences of equalities groups and explore where differences between social groups may be due to disadvantage arising from inequality of opportunity and/or discrimination.

7.5 We also recognise that the disability equality duty requires us to gather and analyse information in order to develop disability equality action plans and to review the effectiveness of those action plans.

7.6 In order to build upon our commitment to disability equality and to take forward the disability equality duty, we need to ensure that public policy properly reflects the needs, experiences and views of disabled people. As such, it is important that the information, research and data that we collect take disability issues into account.

7.7 To meet this end, analysts across the Scottish Government have committed to a programme of work that will help us achieve the following aims:

· Improve information collected on equalities groups where gaps are identified;

· Increase the availability, accessibility and quality of data;

· Maximise the use of evidence in helping to identify and evaluate policies and action, which will achieve greater equality and, to help us to guard against potential adverse impacts of policy on social groups;

· Ensure that data are used effectively and systematically to evidence outcomes; and

· Ensure that evidence/data will be used effectively and systematically as part of the process of reviewing the effectiveness of the disability equality scheme and to inform the development of future schemes.

7.8 The achievement of these objectives will be crucial in underpinning the effective discharge of the disability equality duty and the review and implementation of future schemes by the Scottish Government.

Delivering the Duty: Commitment to Mainstreaming across the Scottish Government

7.9 We are committed to mainstreaming equalities into the work of analysts by:

· Strengthening central support for mainstreaming and working to build capacity;

· Improving access to equality evidence/data; and,

· Developing a longer term strategy for improving evidence/data to make information and analysis more accessible.

a) Central Support for Mainstreaming and Building Capacity

Social Justice Analytical Unit

7.10 A Social Justice Analytical Unit was established in 2007 to provide analytical support to the Scottish Government Equality Unit and support mainstreaming of equalities across the three analytical groups - statisticians, social researchers and economists. The Unit has been responsible for coordinating the Scottish Government's input to the ONS led Equalities Data Review of UK data on equalities and, developing and implementing Equality Impact Assessment (EQIA) training for Scottish Government analysts.

7.11 The Unit is responsible for coordinating forthcoming work to promote the consistent use of official disability classifications across all Scottish Government statistical surveys and administrative data collections. Guidance on these classifications will be available in 2009.

7.12 The Unit will also continue to have an integral role helping analysts to build the capacity of their ASDs to provide sound equalities evidence and analysis which will inform and support policy. In so doing, the Unit will continue to support equalities mainstreaming across analytical groups to help ensure that good evidence and analysis is built into EQIA processes and public duty schemes and annual reporting.

Equality Analysts Working Group

7.13 This group was first established in 2006 to address more specific issues around equality definitions, data collection and use of evidence/data. The group membership and remit is currently under review to take account of the change in Government in May 2007 and the subsequent restructuring of our organisation.

7.14 The group will be re-launched in summer 2008 with the aim of developing capacity and awareness of equality issues across the SG. Its members will be drawn from across the Scottish Government's ASDs and will be balanced in terms of the three professional analyst groups - social researchers, statisticians and economists.

7.15 The purpose of the group will be to provide practical support and advice on mainstreaming equalities across analyst professions by:

· Developing equality briefing packs for specific policy areas;

· Improving analytical support to EQIAs;

· Coordinating ASD input to future revisions of public duty schemes and annual reporting;

· Considering better ways of ensuring that equality data are accessible and available to policy at the right time; and

· Looking at options for improving the consistency of data collected across research and surveys.

7.16 There will be a specific focus on disability issues and the disability duties as well as equalities issues more broadly.

Linking Information Gathering to Action Planning

7.17 We recognise the importance of gathering information to inform action plans. ASDs are focusing on assisting Directorates to gather information in relation to the actions identified in their business plans thus, supporting equality mainstreaming in the business planning process. This information will inform EQIA and policy development, as well as systems for monitoring and recording - enabling a better understanding of the effectiveness of policies and the outcomes for disabled people.

7.18 The Equality Analyst Working Group will have an integral role here supporting ASDs to assist their Directorates to gather information to inform their business plans.

Indicators and Outcomes

7.19 The Scottish Government's performance framework was published on 14 November 2007 following the Scottish Government Spending Review (SR). The SR framework sets out a series of high level indicators, outcomes and related targets against which the current Administration will monitor its performance.

7.20 The Social Justice Analytical Unit will continue to work with ASDs to ensure that the equality dimensions of these indicators, outcomes and targets are monitored and delivered in an evidence based way. The Unit will also continue to work with other bodies outwith the Scottish Government to ensure the necessary linkage between the equality dimensions of the SR framework and other frameworks used by these bodies.

7.21 The Office of the Chief Statistician (OCS) is facilitating this process by making available to all ASDs, and others in the Scottish Government, a database of statistical outputs and sources. The database will indicate which data are available on each equality group (including for disabled people) on each of the Scottish Government's statistical outputs and sources (170 sources and 150 outputs).

7.22 The database went 'live' on the Scottish Government's intranet on 31st January 2008 and is currently being populated by statisticians across the Government. The database is due to be rolled out to all ASDs (in spring 2008) and more widely across the Government in autumn 2007. The database will be updated on a regular basis.

b) Improving Access to Equality Evidence/Data

The 'Portal to Resources and Information on Mainstreaming Equalities' (PRIME)

7.23 The PRIME website pulls together links to a wide range of research and statistical evidence across a full range of equality and policy areas, and is designed to help colleagues review and strengthen the evidence relevant to disabled people (and other equalities groups) within policy areas. The website has been promoted and used in particular to inform EQIAs.

7.24 The website use and content is to be reviewed in summer 2008 by the Equality Analyst Working Group in light of the Scottish Government's priorities.

High Level Summary of Equalities Statistics

7.25 The High Level Summary of Equality Statistics (HLSES) was published in November 2006 and continues to provide an important source of evidence on equalities. Communities ASD will be reviewing the role and scope of this publication in collaboration with the Equality Analysts Working Group from summer 2007.

c) Longer Term Strategy for Improving Evidence/Data

7.26 We continue to work to improve the collection and analysis of equalities evidence and data, particularly in terms of the kinds of information collected on the needs, views and experiences of disabled people. All national surveys break down data by the equalities strands and more work is being done by various directorates and agencies to link mainstreaming concerns with data collection and analysis issues. Examples of how we intend to improve the collection and analysis of evidence and data are discussed below.

Building Equalities into our Processes

7.27 The Office of Chief Researcher (OCR) published a new version of the Guidance for Commissioning and Managing Social Research on the 15th January 2007. This version includes a new separate section on mainstreaming equality issues, including disability equality in social research commissioning and management as well as other references throughout, including compliance with equalities duties. The forms used during the research procurement process have also been updated to include equalities issues. These documents will continue to be updated as required.

7.28 The OCR guidance on publication of Social Research has also recently been updated to include guidance on accessible websites and the importance of providing reports in Ariel 14 point where there is likely to be a significant interest for disabled people.

7.29 OCR will also be undertaking further work during 2008 to develop intranet pages/click through guidance to assist with considering equalities when procuring research. There are also plans to update the contract letter so that it specifically mentions equality issues.

7.30 The CERES (Central Research) database also collects information on whether equality issues have been considered in the procurement of social research. There are plans to update this function during 2008 to make it a mandatory field completed by all research managers. This will allow for more detailed information on equality issues to be collected on social research projects.

7.31 Further, the Ethics Working Group is developing a checklist for research project managers. The checklist will ask questions about whether all equalities issues have been addressed in the development, procurement and management of all social research commissioned projects.

Disability Definitions

7.32 Work has now begun to develop a better and more consistent approach to collecting data on disabled people. The Scottish Government has long recognised the importance of taking a social approach to understanding disability. For example, a literature review on Communication Support Needs (CSN), published in June 2007, was based on the social model of disability, and looked at the needs and experiences of people with CSN and the barriers they face when accessing services.

7.33 We have already begun discussions with Scottish Government analysts about the categories we use to collect data on disability and to develop a joint work programme to improve the data we collect. We have worked with the General Registrars Office for Scotland to promote the use of the Disability Discrimination Act definition to inform the Scottish Census disability categories for the 2011 Scottish Census and, to flag up the need for longer term work beyond that to create better categories. Analysts and policy-makers will benefit from consistent disability definitions used in surveys because it will ensure that survey data are comparable when they are used in policy impact assessment and evaluation.

Attitudinal Data

7.34 It will also be important to collect data which will inform the promotion of more positive attitudes towards disability. The Scottish Government commissioned a module in the 2006 Scottish Social Attitudes Survey to explore attitudes to discrimination in Scotland, the results of which were published in December 2007. This survey explored attitudes towards people with learning disabilities and towards positive action for disabled people applying for jobs. This survey module provided us with important information on people's perceptions of disability and the extent to which respondents knew people with physical or learning disabilities.

7.35 Work here is ongoing. Communities ASD will be working in conjunction with the EHRC to consider the policy implications of the attitudinal research findings related to disabled people, and look at ongoing needs for evidence on attitudes towards disabled people.

Data Comparing Social Groups

7.36 If we are to address inequality effectively, we need to use data to compare and contrast the experiences and views of disabled men and women with those of non-disabled people, and avoid focusing too narrowly on women or disabled people as isolated groups. Where sample sizes permit, we should also understand more about the complex interlinkages between gender, poverty, race, age etc.

7.37 Although there are technical challenges involved in breaking down information on groups that are statistically small in number, we are making progress on finding solutions to these challenges by undertaking work, through the harmonisation work programme, to integrate the samples of the Scottish Government's five core surveys [1]. The work programme is aiming for survey samples to be added together (possibly as early as July 2009), to produce a larger, more robust sample available for analysis, including on disability.

Exploring Various Methods

7.38 Where necessary, and if required, we will explore various methods such as the use of standalone, issue-focused surveys to provide supplementary quantitative information to the larger national surveys. Exploration will be undertaken in collaboration with the Equality Analyst Working Group. We will support the use of such methods where we believe they would improve our evidence around disability issues (and other equality groups).

Scottish Household Survey (SHS)

7.39 A new discrimination question was added to the SHS asking respondents about experiences of verbal or physical abuse within their communities because of their disability, gender, age, race, faith or sexual orientation. The question is currently being evaluated for 2009. In the meantime, analysis of responses (by equality groups where feasible) to the question will appear in the SHS annual report (or supplementary tables) due to be published in August 2007.

Scottish Government Analytical Services Divisions - Specific Action across the Scottish Government

7.40 This chapter has set out our strategic framework, for the next three years, for how we are going to gather information and make use of information to further promote disability equality. The remainder of this chapter sets out what specific actions are going to be undertaken by ASDs across the Scottish Government to do likewise.

7.41 Future annual reports will detail the progress we have made on our strategic framework and the following ASD actions to further promote disability equality.

Office of the Chief Statistician (OCS)

Introduction

7.42 To support effective disability equality mainstreaming, OCS is responsible for:

1) Providing and promoting access to statistical sources disaggregated by disability (and other equality groups) across all Scottish Government (SG) statistics outputs and sources for use by Government officials. Extracts of the database may be made available to others, on request.

2) Facilitating and promoting the consistent use of official disability definitions across all SG statistical surveys and working with others to continue to develop a set of core questions (including disability) to be used in the SG's five main statistical surveys, with a view to ensuring the availability of aggregated disability data from these surveys. Promotion of the core questions to smaller government surveys and local authority surveys is a high priority to ensure wider use of official disability definitions.

Action

High Level Summary of Equality Statistics (HLSES)

7.43 The Office of the Chief Statistician published the High Level Summary of Equality Statistics in November 2006. It is a compendium of key statistical trends, gathered and collated by OCS from statisticians across the SG for the main areas of Government activity, disaggregated by age, disability, gender, ethnicity and, in some cases, religion. It also provides a comprehensive list of data sources, where more detailed data can be accessed. To ensure widespread access, it was made available as hard copy and published on the Scottish Government statistics web-site, where data can be extracted for each equality group, including disability.

7.44 The HLSES continues to provide policy-makers across the SG access to key equalities data and equality data sources (including on disability) that they can use to undertake evidence based policy assessments and evaluations in relation to disabled people. The HLSES is also used by external users such as academics and the EHRC.

7.45 Responsibility for the HLSES passed from OCS to Communities ASD in autumn 2007. Communities ASD will be reviewing the role and scope of the HLSES in collaboration with the Equality Analyst Working Group from summer 2007.

Database of Statistical Outputs and Sources

7.46 OCS is currently compiling a database detailing which equality strands are included in each of the Scottish Government's statistical outputs and sources (170 sources and 150 outputs) - including a flag for disability. The database went 'live' on the Scottish Government's intranet on 31st January 2008 and is currently being populated by statisticians across the Government. The database is due to be rolled out to all ASDs (in spring 2008) and more widely across the Government in autumn 2008 and will be updated on a regular basis.

7.47 The database, like the HLSES, will provide analysts and policy-makers with easy access to disability (and other equality groups) statistics contained in all Scottish Government's statistical outputs and sources.

The Harmonisation Work Programme

7.48 The harmonisation work programme is aiming for survey samples to be added together (possibly as early as July 2009) making a larger, more robust sample available for analysis, including for disability. A sample additive methodology is being developed and the dissemination strategy for this large sample is being discussed.

7.49 The programme is also working to develop a consistent definition of, and question on, disability for inclusion in the core set of questions of the Scottish Government's five main statistical surveys. The ONS harmonised disability question will not be available for three to four years, so the Scottish Harmonisation Working Group are developing an interim question for Scotland. Initial guidance on this is to be published in 2009.

7.50 Analytical and policy colleagues will benefit from the use of consistent disability definitions in surveys because it will ensure that survey data are comparable when they are used in policy impact assessment and evaluation. In the same way, the larger sample size derived when data from the five core surveys are aggregated (including for disability) will help to ensure that the data are more robust, particularly the trend data, that will be used to monitor and evaluate policy outcomes.

Office of the Chief Researcher (OCR)

Introduction

7.51 OCR continues to work to ensure that all the equalities duties, including disability equality, are firmly embedded within social research practice. Firstly, a new version of the Guidance for Commissioning and Managing Social Science Research was published on 15 January 2008, which includes a new section on mainstreaming equalities issues, including disability, as well as other references throughout to meet compliance with equalities duties. This document will continue to be updated as required. Secondly, training has recently been held to ensure that analysts have the skills and knowledge to implement the public duties effectively within their work. Over the last six months, OCR and the Equalities Research Team have been providing equalities training to analysts in all ASDs. The purpose of the training has been:

• To raise awareness of the new equalities duties and enable analysts to fulfil their responsibilities under this legislation;
• To introduce analysts to the Scottish Government's Equalities Impact Assessment toolkit and explore the role of analysts in supporting policy colleagues to carry these assessments out.

Action

Procurement Guidance

7.52 As well as the new version of the Guidance for Commissioning and Managing Social Research, the forms used during the research procurement process have also been updated to ensure that equalities issues continue to be addressed throughout the process. Further work will be undertaken during 2008 to develop intranet pages/click through guidance on considering equalities issues including disability when procuring research.

CERES (Central Research)

7.53 The CERES database also collects information on whether equalities issues have been considered in the procurement of social research. There are plans to update this function later in 2008 so that more detailed information on equalities issues is collected on social research projects. Social research that supports and informs policy development will therefore help to ensure that the needs of disabled people are fully taken into account.

Education Information and Analytical Services Division (EIAS)

Introduction

7.54 Within EIAS there are a range of ongoing activities regarding the capture of data and research on issues of disabilities. These activities are set out below.

Action

Research Procedures

7.55 Our research procedures have been updated using a new approach to ethical issues which covers our equality responsibilities. This requires the issue of equalities including issues related to disabilities to be expressly addressed in each project undertaken. Each project and individual research design is reviewed individually to decide what approach to disability equality is required in terms of addressing the needs of disabled participants or subjects of the research. In addition, one of our Heads of Unit is identified as an ethical advisor to review and offer advice where ethical issues including equalities arise. Further guidance on considering equalities in the commissioning and managing of research is being developed for use across Social Research and will be followed by EIAS once available.

Data Collections

7.56 A significant amount of data is gathered from Scottish schools and local authorities through the ScotXed (Scottish Exchange of Educational Data) Unit. The Unit continues to undertake the collection of high quality data to support education and children's services in order to provide robust data, that is fit for the purpose of analytical products across the Division, and forms part of the evidence base that policy require.

7.57 Several other data collections are now linked to the disability information in the pupil census allowing further analysis. A package of basic information regarding pupil characteristics with suggestions for further sources of information is currently being prepared for circulation to policy colleagues to stimulate further action. Collection on disability among teacher workforce has also been explored with Scottish Local Authorities. The results of such collections are provided to policy for use in their development work.

7.58 Discussions are ongoing with local authorities with the aim of adding 'type of disability' for pupils in the standard school management information software. This will allow the ability to monitor and analyse achievement of pupils with a disability by type of disability. It is aimed to be added for the 2009 pupil census with analysis available in 2011.

7.59 We currently collect disability (self-assessed) information regarding attendance at Higher Education (HE) and Further Education (FE) and entitlement to disabled students allowance at HE. Through the EQIA process we are identifying elements of our skills programmes where information needs to be collected (for example, the status of attendees on skills for work programmes).

Economic Advice

7.60 Within appraisals and evaluations the distributional impact of policy initiatives is assessed to identify differential impacts on diverse groups (including disabled people) within the population.

Working with Policy Colleagues

7.61 A survey of EQIAs in DG Education (Schools, Children, Young People and Social Care and Life-Long Learning (LLL)) was undertaken in July/Aug 2007 by EIAS and ASU LLL Research [2]. The results of this survey were shared with equalities research and through them the equalities unit to help inform future actions in this area. Nine EQIAs in Schools and eight in LLL were identified as completed or in progress. By undertaking the survey and asking all branch heads about their involvement in EQIAs the profile and importance of producing EQIAs was raised.

7.62 To date the ASD has had little involvement in the production of EQIAs however this is starting to change as Policy colleagues become more aware of their responsibilities. To support policy colleagues with EQIAs in the future, analysts in EIAS have received training on EQIAs during 2007.

Office of the Chief Economic Adviser: Local Government and Public Service Reform

Introduction

7.63 We ensure that disability is considered as part of the equalities issue in all our commissioned work.

Action

Surveys

7.64 Scottish Household Survey data on local government and public services is available and can be analysed by disability.

7.65 The Candidate Survey and Elected Members Surveys for which we are responsible, are concerned with widening access to election candidature and ask questions about disability and long-term illness. This data will continue to be used to ensure that barriers to inclusion are removed.

Website Design

7.66 We are currently providing evidence from literature on usability of websites to highlight good practices for website design to look at accessibility for all (including disabled people).

Modelling Tax Benefit Changes

7.67 Modelling the impact of tax and benefit changes on Scottish households with disabilities (alongside the impacts on other household types) will provide a better understanding of how changes to the tax and benefit system impact on various types of households in Scotland. Analysis will be undertaken following Budget and Pre-Budget Report announcements which are normally in March, and October of each year, respectively.

Corporate Analytical Services: Europe, External Affairs and Culture (EEAC)

Introduction

7.68 Depending on the research, data on disability is usually collected to establish differences between participation and access to the arts and culture by disabled and non-disabled people. The SHS Culture and Sport Module is an example of such research.

Action

ArtFull Programme

7.69 EEAC ASU (Culture) is part of a group overseeing the ArtFull programme, which is a programme on arts and mental health, funded by the SG and managed by Scottish Arts Council. This programme involves different arts and cultural projects that seek to improve the lives and well-being of participants who have mental health problems.

7.70 Evaluation of each project in the ArtFull programme will be examined by an overall evaluation, with findings to inform the National Programme of Mental Health and Well-Being and Culture Policy in the SG on how to improve the mental health and well-being of participants through access to cultural activities (where there generally tends to be less access by disabled people than by non-disabled people).

7.71 The final report citing whether the aims of the ArtFull programme have been achieved (e.g. improved mental health and well-being of participants through the arts); how they have been achieved; and areas of good practice from which other arts and mental health organisations can learn, is due to be published by autumn 2007.

Scottish Household Survey Culture and Sport Module

7.72 Results of the SHS Culture and Sport Module, which asks about barriers and obstacles to accessing culture, will establish what policy can do to improve access for disabled people to cultural activities (whether obstacles are physical, social or psychological).

7.73 This module will provide new and unprecedented data on levels and extent of participation in culture and sport, by local authority area, and allow the SG to gain an insight into the barriers to participation - data will be disaggregated to disability data, and will inform on level of participation of disabled people and barriers to participation. Initial results are due by autumn 2008 with the main results due the following year (autumn 2009).

Transport Directorate: Analytical Services Unit

Introduction

7.74 Throughout our routine data collections, we collect equalities data where appropriate and possible. Our main data source (Scottish Household Survey, (SHS)) collects information about any disabilities people have. That allows us to analyse travel and transport questions by disability. Some of this data, including use of buses and rail services and travel to work patterns for disabled people is presented in The Scottish Government's "High Level Summary of Equality Statistics" http://www.scotland.gov.uk/Resource/Doc/933/0041853.pdf. In addition, our regular statistical publications include a range of tables which disaggregate by (self-reported) disability or mobility.

7.75 Much information about transport in Scotland is not, however, collected by the Scottish Government. Scotrail, the CAA, CalMac, to name but a few, are the collectors of data on passenger numbers and ticket sales etc. We can, and do, liaise with such organisations through our ScotStat Committee on matters of shared interest and responsibility.

7.76 It is standard practice for all equalities issues - including those to do with disability - to be explored in all new research and data collection commissioned by the Transport Analytical Services Unit (ASU). Where appropriate, the need for sufficient information relating to disabled people in research to inform policy development, to appraise policy options or to evaluate policy is routinely considered.

7.77 Representatives of all three professional groups in ASU have recently undergone Equality Impact Assessment (EQIA) training in order to assist policy colleagues in the assessment of all new and revised policies.

Actions

Survey Harmonisation

7.78 Further, in connection with recent and ongoing work being undertaken by OCS on harmonisation of the core questions across all Scottish Government surveys, Transport ASU will ensure that any further transport surveys (e.g. Bus Information Survey) will be collated in the same manner, allowing the resulting analysis to be analysed by disability. This will ensure that travel statistics can be analysed by disability in a consistent manner.

Bus Information Survey

7.79 Transport ASU will be commissioning a Bus Information Survey over 2008-2009. This will provide further information on travel experiences for disabled people. This will explore satisfaction with, and views on, bus services amongst both those who do and those who do not travel by bus amongst the general public, as a means of informing policy to improve bus provision. The findings will be analysed to explore the experiences of disabled people, as well as other equality groups.

National Concessionary Travel Scheme

7.80 The Evaluation of the National Concessionary Travel Scheme (led by Transport Scotland) is an assessment of the effectiveness of the scheme in meeting its objectives, which include allowing disabled people improved access to services, facilities and social networks. The evaluation is due to be completed by autumn 2007.

EQIAs

7.81 The ASU is committed to providing assistance to transport policy colleagues in the equality impact assessment of new and revised transport policies, particularly in assessing the available evidence on the needs and experiences of equality groups and the likely impacts of new policy on them. These evidence based equality impact assessments will continue to enable Transport Directorate to demonstrate how it is promoting disability equality through transport policy.

Communities Analytical Services Division

Introduction

7.82 We are working to ensure that we provide policy makers with robust and systematic evidence on disability to inform all stages of the policy cycle. All staff are encouraged and supported to do this through a divisional wide approach to equality training - including specific awareness of disability issues - and the development of expertise and resources within the Division.

7.83 We also have a role to support equality mainstreaming, including promoting disability equality to analysts across the Scottish Government.

Action

Discrimination Module

7.84 The discrimination module of the Scottish Social Attitudes Survey includes data on attitudes towards disabled people and is a valuable resource for policy makers in the Scottish Government, the Equality and Human Rights Commission and equalities stakeholders in Scotland. The results of the 2006 survey were published in December 2007 and a follow-up seminar with stakeholders, to discuss policy implications, took place in April 2007. Work is ongoing, in conjunction with the EHRC, to consider plans for further attitudinal research.

Disability Statistics and Categories and the HLSES

7.85 We are working across the SG and agencies to develop a consistent and coordinated approach to the collection of disability statistics and agree categories which can be used across the public sector and across different professional and policy activities. We will produce guidance on collecting information on disabled people for use across the public sector. Guidance on disability classifications for use across the public sector in surveys and administrative data will be available in 2009.

7.86 We are reviewing the Higher Level Summary of Equality Statistics (HLSES) to ensure that future publications meet user needs.

7.87 We intend to hold a user event in 2008 to allow key groups to feed into the collection of equality data.

Disability Mapping

7.88 Research to map the disability sector in Scotland was commissioned in March 2008 and will be completed in March 2009. To increase understanding of the capacity of disabled organisations to engage with public authorities, this study will produce a database of disability organisations and, an assessment of the extent of representation available to disabled people, to explore how best to ensure that disabled people and disability organisations are involved in SG and wider public sector policy processes. The Advisory Group for this work includes external representatives from disability organisations.

Equality Analyst Working Group

7.89 We have developed a cross SG and cross professional working group for analysts which aims to develop capacity and awareness of equality issues across the SG. To date the group has undergone EQIA training and is developing equality briefings packs for specific policy areas. There is a specific focus on disability issues and the disability duties as well as equalities issues more broadly. The group membership and remit is currently under review to take account of the change in Government in May 2007 and the subsequent restructuring of our organisation. The group will be re-launched in summer 2007.

The Scottish Ministers' Duties

7.90 Research to report on progress towards equality of opportunity between disabled persons and other persons made by public authorities in Scotland was commissioned in April 2008 and will be completed by October 2007. This research will directly support the legal duty on Scottish Ministers to report, no later than 1st December 2008, on progress being made.

Supporting People and Independent Living

7.91 The pilot evaluation of the Supporting People Outcomes framework is being developed to assess what concrete outcomes and improvements are achieved for disabled people - including entry to employment and moving into permanent accommodation. Communities ASD is also conducting an internal review of evidence on independent living and disabled people to help inform policy thinking on independent living. This initial evidence review will be completed by June 2007.

Evaluation of Ownership Options' Pilot

7.92 Communities ASD is about to commission an evaluation of the Ownership Options' pilot specialist advice service on disability issues for Registered Social Landlords (RSLs) taking part in shared equity provision. The research will take place between June 2008 and August 2008 and will evaluate how effective the service has been at meeting its aim of helping RSLs plan for, target and directly assist disabled people to buy homes on a shared equity basis. The research will also identify options for ensuring operators of Government funded shared equity provision respond to the needs of, and are accessible to, disabled households in the future.

Poverty and Equality

7.93 Communities ASD also provides support to the Social Inclusion Division and, the work programme for analytical support to the poverty frame