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GOOD PRACTICE GUIDANCE CONSULTATION WITH EQUALITIES GROUPS

PART 2: PREPARING FOR CONSULTATION

Many equalities groups report quite negative experiences of consultation. They often suggest that their views have not been taken into account, or that the issues that they face have not been addressed. It has also been suggested that some consultations in the past have sought the views of equalities groups as an "afterthought", making the consultation tokenistic. These issues were raised at the Scottish Executive grassroots consultation events held with disabled people, people from minority ethnic communities, women and LGBT groups as part of the development of the Equality Strategy.

To address these issues, there is a need for a serious commitment from your organisation to seek out the views of equalities groups effectively, and to use these meaningfully. At the start of a consultation process, you should express a clear commitment to include equalities groups in the process. You should also consult them before key decisions have been made, when there is a real opportunity to have an input to the process. Your organisation should be able to demonstrate, at any stage, the methods which have been used to ensure that equalities groups will be/have been given the chance to participate.

It is also important to make the aims and objectives of the consultation clear at the start. You should provide information about how you will use the views which are expressed, making it clear to participants (without raising unrealistic expectations) that they have a genuine opportunity to bring about change. You should also state at the start that you will feed back the results of the consultation to those who have been involved.

CHOOSING THE WAY TO CONSULT

Barriers to participation can occur at all stages of consultation, but they can also be considered and addressed at all stages. One of the most important considerations is the choice of consultation method, with many methods now available.

The main methods of consultation

There are many potential methods of consultation, but the most common fall into two broad categories:

• written methods (involving giving some form of written comments)
• face-to-face methods (involving direct contact between those seeking and those giving views)

There are a range of choices and options within each group.

Written consultations can involve, for example:

• circulating papers or other written material (including "formal" research techniques such as questionnaires)
• using the internet
• comment and complaints cards
• ballots
• press and other written media

Some forms of written consultation involve innovative approaches, such as asking young people to write on a "graffiti wall". In other cases, they can be combined with face-to-face methods (for example, by carrying out a written exercise at a meeting).

Face-to-face consultation may be through:

• public meetings
• large-scale conferences
• citizens' panels and juries
• other formal groups
• workshops and discussion groups
• one-to-one interviews
• telephone contacts

Face-to-face contacts may be more or less structured and more or less focused directly on the consultation questions. Some also use informal techniques such as role-play and games.

Choosing the method

A number of factors will guide the choice of method, including:

• general good practice in consultation
• how much involvement and participation you require
• your objectives
• the requirements of specific group
• any constraints you face
• the overall context of the consultation

There are no rules about the choice of method to use. The key issue for the promotion of equality in the process is whether each method may be appropriate for some groups (and likely to get a response from them) but may exclude others. The most important issue is to consider carefully whether any groups will be unlikely or unable to respond using the combination of methods you choose. At this stage, the decision is about the overall choice of methods, not the ways of ensuring that each individual part of the process is fully inclusive. This is discussed later.

It is impossible to provide a straightforward "list" of the methods most suited to specific groups. Many of these issues affect more than one equalities group, and groups are not homogenous. It is possible, however, to point to the types of issues which may help in considering the suitability of different methods.

Written methods may:

• be less suitable for people who are not familiar or comfortable with giving their views in writing (or who may find reading a consultation document difficult)
• exclude people whose first language is not English
• exclude people with a visual impairment or those who find text difficult to read
• exclude individuals and smaller groups which do not have the resources to reply by fax, email or send typed responses
• if they have tight deadlines, exclude community groups which need to undertake further consultation with their members (and may require to have materials translated or to arrange specific meetings)
• exclude people with literacy problems and those with learning disabilities

There are also issues with face-to-face methods, for example:

• some groups and individuals may never have taken part in this type of work before and may lack the confidence to express their views in a formal setting (or in some informal settings)
• any groups or individuals who are not familiar with formal meetings are unlikely to be comfortable with "business" meetings
• conversely, groups and individuals who are more used to formal settings may be unhappy with informal techniques such as role play
• some of the methods used in face-to-face consultations can be difficult for some people (for example, role-play and brainstorming)
• groups which have experienced discrimination and exclusion may be uncomfortable outwith their own environment (e.g. young people may prefer to be in youth groups, on the streets, or in play areas)
• the physical arrangements (discussed later) may be inappropriate and may exclude potential participants
• some participants will be unable to attend meetings or events because of location, timing, cost, physical or mental health issues, caring responsibilities, being unable to leave the house or other factors
• the issues which may come up in some consultations may be sensitive or personal and unsuitable for group discussion
• individuals may be uncomfortable participating in a mixed sex or mixed community group, for cultural or other reasons
• face-to-face meetings can be time consuming and expensive (there may be a need to remind staff of the wider benefits of the process)

There are also some issues that apply to both methods, for example:

• many community groups are under-funded and do not have the time, nor the resources to provide detailed responses to consultations (such groups may require additional support to participate because they lack resources)
• some individuals do not have the time to provide detailed responses
• groups of all types, which have been excluded in the past or have not been closely involved with the policy process, may not be familiar with the issues or the way they are being presented
• there may be people who want to participate in a consultation, but who are concerned that they may be victimised or identified in a way that has unwelcome consequences for them

There are many other examples of benefits and drawbacks of methods of consulting with equalities groups. The common issue is that the method used may, in an unintended way, make it less likely that a specific group can participate. This is most likely when only one method of consultation is used.

Three key questions on the choice of method

Given the diversity of the Scottish population, each single method will inevitably exclude some participants. The best way of choosing the method is to consider how it will affect the groups you intend to involve. It is important to consider the issues faced by groups which might make the method suitable or unsuitable.

It is useful to ask three key questions:

• Who are the people most likely to respond using this method?
• Are there any ways in which the method might be inappropriate for any groups?
• What additional methods might be appropriate to gather the views of those who are excluded by this method?

Seeking advice

The best way to answer these questions is to ask the groups who might be affected how best to ensure that their views will be included.

There are local and national umbrella organisations which can be asked to comment on proposed methods. (It is worth bearing in mind, however, that umbrella organisations may not, themselves, be representative of all interests.) In relation to specific equalities issues, examples of major national organisations which may be asked to provide advice include the Equal Opportunities Commission, the Disability Rights Commission, the Equality Network or the Commission for Racial Equality.

At a general level, the Scottish Civic Forum may be asked to provide advice or guidance on methods of consultation. Scottish Civic Forum is an independent membership organisation considered by the cross-party Consultative Steering Group as a key mechanism to help promote effective civic involvement in government policy development. The Forum can offer advice and support to Scotland-wide consultations and can advise on drafting consultation papers and on distribution lists. It may also hold policy forums involving its members and others to allow discussion of your consultation document. It can also be commissioned to manage more widespread participatory consultation exercises. The Forum does not claim to represent views but maps what views there are, so that policy makers can identify the areas where there is consensus or strong support and where there are alternative views. It has also built a reputation for acting as a neutral convenor to allow discussion of "difficult" issues.

At a local level, there may be forums that can be approached. You can hold informal discussions with local expert groups (such as, women's groups or the relevant Race Equality Council). These groups can make comments and suggestions on the proposed methods. They may also suggest methods that you have not considered and they may identify additional local contacts. There are many benefits of local networks, and these are discussed later.

The Scottish Executive Equality Unit, the national organisations mentioned above and local authority departments (for example, equality or community development teams) can provide advice on identifying and contacting national and local organisations. Contact information for local groups changes frequently (which is why no lists are included in this booklet), but these organisations will have up to date details.

Using a range of methods

You should bear in mind that, even with the best mainstream policies on consultation, some groups might not participate in general consultation events. In some situations (for example because of the subject matter or the way it impacts on a particular interest group), you will have to make other arrangements to consult them. One approach is to hold meetings for specific communities of interest.

There are other examples of statutory organisations involving the voluntary sector in arranging specific events. There are also examples of asking different parts of the voluntary sector to pool their resources and work together to gather views of a particular issue.

Arranging specific events or commissioning specific pieces of work to identify the views of hard to reach groups is being used more often in consultation. This type of work can help to reach groups which may not otherwise respond to the consultation, or where issues which will be discussed are particularly sensitive.

In order to be fully inclusive, you need to use a range of consultation methods in combination. You need to consider imaginative techniques, but also to recognise that not all groups will be able to respond through one method.

It is inadvisable (and may be counter-productive) to try to bring together representatives of a wide range of equalities groups in one event. Groups face different issues which might not be fully explored at one event. In the longer term, developing continuing dialogue with organisations will help to address many of the issues raised in this section.

Once you have chosen the combination of methods to be used, there are many additional considerations affecting specific groups. These are discussed below.

Identifying "hard to reach" groups

Identifying the groups which are likely to be excluded from a consultation process is the first stage in developing an open and inclusive process. Although some groups may be identified as "hard to reach" (from an organisation's perspective) there is no reason why any should remain "hard to reach". With some effort on the part of an organisation undertaking a consultation, they can be contacted and included. As organisations become more experienced (and contact networks expand), the number of groups seen as "hard to reach" will decline.

A number of methods can be used to "recruit" people to a consultation process. There are certain common principles whether the purpose is to find Scotland-wide groups for a large-scale consultation (written or face to face) or local groups for a small meeting. As with the choice of method, the key is to use all of the sources available.

It is often best to start by identifying existing Scotland-wide or local umbrella groups and organisations. Whatever method of consultation you are using (written or face to face), umbrella groups can participate directly and can also be asked to involve their own members. They can also be asked to help to identify and invite people to events, or to let people know about the consultation process. Similarly, they can provide a way of "snowballing", where they circulate material to their members and communities. They can also provide advice about other appropriate ways to reach their members. All of these methods allow you to reach a broader community.

Through umbrella groups, you can then make contact with a target population group. Some Scotland-wide organisations (such as the Commission for Racial Equality, Disability Rights Commission, Equal Opportunities Commission, the Equality Network, and the Scottish Council for Voluntary Organisations) can provide advice on the range of groups that should be engaged and how to reach them.

Central contact lists are now becoming available for some groups (although there are unfortunately no ready-made, Scotland-wide databases of contacts for all groups). Examples of contact details which have been developed include a list of minority ethnic community groups maintained by Positive Action in Housing (see box below) and a list of women's community groups held by the Scottish Executive Equality Unit. The Equality Network also maintains a list of around 90 community groups and individuals.

Other organisations hold contact lists relevant to their own area of interest (although you should always check that they are comprehensive and up to date). In some cases, because of the need for data protection, these may not be made available to people outside the organisation. Where you cannot get comprehensive information, there are a number of other options:

• The internet is a useful place for identifying specific equalities groups. Many national organisations now include links to local community groups on their pages. Most local authorities have extensive links pages which are often listed by area of interest. These rarely claim to be comprehensive, but are a useful starting point.
• Councils for Voluntary Service can also generally provide lists of local equalities groups, often sorted by their areas of interest.
• Many local authorities also keep information about local groups. Most local authority guidance suggests that you contact the Council's Equality Unit for this information. Most will also provide advice, and may be able to provide contact information to other organisations intending to undertake consultation in their area. Where there is not an Equality Unit, there may be a designated equalities officer (or similar) who will be able to help. The Council's library service may also be a good first point of contact. Some authorities are developing information specifically to help with consultation. In others, information gathered for different purposes, such as community profiling or service monitoring, may be a useful source of information.

Where organisations compile their own lists of groups for consultation, it is important to keep these up to date and to make sure that new community groups are told how their information can be included. Improving consultation in the future depends on developing more information about local and national groups. Identifying equalities groups (and classifying them by their areas of interest) should be included in any information system which is developed. It may be worth considering conducting an annual or regular audit, sending out a standard letter to individuals or organisations on your database, asking them if they still would like to be on your database and whether any of their contact details have changed.

Reaching "hard to reach" groups

Taking these steps will clearly help to include a range of communities in consultation. It is not always sufficient in itself, and there is a danger of missing valuable views by relying only on umbrella groups and mailing lists. There are a number of reasons for this, including that:

• Often those who respond to consultation are those who are already in groups.
• Not all groups with an interest in issues are included on lists.
• Not all groups consider that umbrella groups reflect their views.
• Not all individuals with an interest in the issues raised in consultation will be members of groups.
• The groups consulted may be those already known and "comfortable" to the consulting organisation.
• Groups (e.g. minority ethnic communities, women, disabled people, LGBT groups, etc.) cannot be considered to be homogenous. Different members within a group will experience specific issues (e.g. black women, disabled women, lesbian women).

These issues apply to both written and face-to-face methods. The process should be made more widely available than just through the circulation lists. There is a particular need to identify ways of reaching "grassroots" individuals and groups.

It is essential to identify ways in which grassroots organisations can have access to the consultation materials and can give their views. One way of doing this is through outreach work within communities. An example of this would be where a local development worker would enable groups to build their "capacity". They may then be able to participate both in specific consultations and more widely in shaping and commenting on new work. The use of specific events for particular communities can also help to reach "grassroots" groups.

You can also make the consultation process more widely available by specifically asking a third party (for example, a local umbrella group or voluntary organisation) to carry out work on your behalf. This may be by asking them to undertake research, or convene meetings or identify the views of a wider population in other ways. You will often need to provide resources to allow them to do so. Equalities umbrella groups can then act as a "conduit" for wider consultation.

Technology also has an increasing role in making consultation available to those who are not members of established groups. Although the inappropriate use or reliance of technology can exclude people, many organisations see the internet as a key part of a consultation process. Many consultation exercises now put papers and materials on the internet, and these can be accessed by groups and individuals that are not on your circulation list. Although there are many people who will not be able to take part in this way, it can be useful to use this as an additional method, in combination with others.

Other methods may be required for geographically isolated areas.

As with the overall choice of method, the key to reaching equalities groups is to use a range of means.

Publicity

It is important to publicise consultation events through a variety of routes, such as:

• media interest
• newsletters
• leaflets
• community radio

You should also use a range of newspapers, for example:

• the national press
• local and free press
• talking newspapers
• specialist publications
• the minority ethnic press
• disability press

Even if you do not organise specific events, you can make sure that the consultation process is widely publicised. This can make people who are not "the usual suspects" aware that it is going on and give them details of how they can take part.

When you are identifying appropriate publicity for the consultation it is important to ask:

• Where does this community/group get information from?
• Where are they likely to see/hear/receive information?
• What forms of publicity are likely to be available to/used by the community?
• Are there any specialist media for this group?
• Are they likely to have access to the publicity provided or are there other media that can be used?

Any publicity which is developed should identify a contact person who can provide further information. That contact person should be able to provide appropriate information in an accessible way. You should also consider the format of any publicity material (these issues are discussed further later).

Information can also be displayed in public places where members of equalities groups access services (such as G.P. surgeries, post offices, etc.). You can also ask staff from departments which routinely visit or have contact with excluded groups to distribute information.

"Small numbers"

It is important to recognise that whether or not to include groups in consultation should not be based on the number of individuals involved. Smaller authorities and organisations in rural areas often say, for example, that there are few residents from a particular minority ethnic group in their area. This should not be used as a justification for ignoring their views. When developing a consultation event it may be possible to link to groups in nearby cities in order to get a big enough number to make it viable. The effective use of group and plenary sessions at the event can then provide an opportunity to comment on local issues. You may also need to find other ways to identify the views of these groups, using individual interviews or outreach work, or by commissioning someone from within the community to gather views. Qualitative methods are a valuable source of information and a good consultation will reflect a range and depth of views. It is also important to provide individuals, as well as groups, with the opportunity to participate.

Once you have chosen the methods you will use and the ways in which you will reach the groups, there are also further issues to consider. Each of the techniques should itself be used in a way that is widely accessible. The next section outlines some practical issues that you should take into account.

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