The Scottish Government

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CHAPTER 1 - INTRODUCTION

1.1 This report sets out the Scottish Ministers' proposals for coordination of action by Scottish public authorities to further progress equality of opportunity between disabled persons and other persons. It is one of 7 reports published in response to the 'Scottish Ministers' Duty' contained in the Disability Discrimination (Public Authorities) (Statutory Duties) (Scotland) Regulations 2005. It should be read alongside the other 6 reports, and collectively the 7 reports constitute the Scottish Ministers' response to the duty.

1.2 The other 6 reports are as follows:

1. Arts, Culture and Built Heritage: a review of progress towards disability equality relating to the arts, culture and built heritage.
2. Health and Wellbeing: a review of progress towards disability equality relating to health and wellbeing.
3. Finance and Sustainable Growth: a review of progress towards disability equality relating to finance and sustainable growth.
4. Education and Lifelong Learning: a review of progress towards disability equality relating to education and lifelong learning.
5. Justice: a review of progress towards disability equality relating to justice.
6. Rural Affairs and the Environment: a review of progress towards disability equality relating to rural affairs and the environment.

Approach to Reporting

1.3 The purpose of the Scottish Ministers' duty is to prompt leadership across the public sector and ensure that a strategic view is taken towards the promotion of disability equality. The reporting aspects of the duty are an opportunity to provide information on the effectiveness of the public sector in delivering disability equality. The coordination aspects of the duty provide Scottish Ministers with an opportunity to set strategic priorities for the delivery of disability equality.

1.4 The 6 portfolio reports referred to at paragraph 1.2 were commissioned by Scottish Ministers as research reports. The research was undertaken by a team from the University of Edinburgh, under the leadership of Professor Sheila Riddell. The reports examine the policy context in relation to disability equality, the availability of data and statistical evidence, and consideration of progress being made towards disability equality by public authorities.

1.5 The purpose of this report is to draw together the findings from across the other 6 reports and set out Scottish Ministers proposals for coordination of action. The report starts with an analysis of cross cutting issues and the identification of overarching policy priorities and process issues, based on the findings of the research reports ¹. It then considers proposals for coordination of action.

Context

National Outcomes

1.6 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. The Scottish Government's Economic Strategy is also geared to delivering the Government's purpose. A key element of the Government Economic Strategy is equity, including ensuring that there are opportunities for all to contribute to Scotland's sustainable economic growth.

1.7 Scottish Government's stated purpose will be achieved through 5 strategic objectives and a suite of national outcomes (see Appendix 1). Progress on outcomes will be measured through national indicators and targets.

1.8 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

1.9 Coordination is key to provision of person centred services that meet the needs of an individual through her or his life. This is recognised by Government and reflected in the move towards personalisation through initiatives such as Changing Lives and our approach to independent living. Coordination is key to meeting the shared set of national outcomes.

Community Planning

1.10 At a local level, Community Planning Partnerships ( CPPs) are now operating in all 32 local authority areas, bringing together a range of partners, including the third sector The Community Planning offers a way of balancing local and national priorities by reaching explicit agreement about the priorities of the partnership so that the activity of each agency can be clearly directed towards those priorities.

1.11 Community Planning in Scotland also aims to ensure that people and communities are genuinely engaged in the decisions made on public services which affect them. CPPs are required to encourage equal opportunities specifically on the grounds of sex, race, disability, age, sexual orientation, religion or belief.

1.12 Coordination is therefore key to the work of CPPs and the promotion of disability will be part of that work. The public bodies involved in CPPs are each subject to the disability equality duty and the partnership itself required to encourage equal opportunities.

1.13 The Scottish Government's Community Planning Team will hold an event on mainstreaming equalities in Single Outcome Agreements in the course of 2009. This will be based on the additional guidance for CPPs on equalities in the SOA, referred to in 1.15.

1.14 Ultimately, the improved coordination of services and support is to lead to the delivery of better outcomes, whether that be, among other things, the life chances of disabled people, the life experience of older people or the opportunities available to our children and young people.

1.15 Earlier this year, the Improvement Service published a programme plan for 2008-11 on improving outcomes. As part of the supporting framework for improvement and efficiency in local government, this programme is focussed on improving outcomes for individuals and communities. One of the key areas of the programme is promoting equalities.

http://www.improvementservice.org.uk/core-programmes/improving-outcomes/

Single Outcome Agreements

1.16 The Scottish Government and local government share an ambition for an outcome based approach to the planning and delivery of public services in Scotland. That ambition is expressed in Concordat agreed between the Scottish Government and COSLA in November 2007 which underpins the move to Single Outcome Agreements ( SOA) between the Scottish Government and CPPs. The outcomes in an SOA should be expressed in terms of quality of life and opportunity, or in terms of the economic, social or environmental contexts that influence people's quality of life or opportunities in life. Therefore, having full regard to issues around equality is a key element in the delivery of an SOA Councils are, of course, subject to public sector equality legislation and should have full regard to this in the development of the SOA with the respective CP partners.

1.17 In preparing their SOAs, CPPs should focus strategically on priority areas for improvement and on the end outcomes to be achieved in terms of quality of life, opportunity and the context in which people live. The SOA does not replace all the underlying service planning and performance management arrangements already in place but provides an outcome framework for service planning, resource planning and performance management. Consequently, not everything could or should be included in an SOA and the partners continue to have complete accountability for the full range of services they are responsible for.

1.18 Guidance on developing Single Outcome Agreements issued to CPPs in October 2008; among other things, reminds CPPs that in preparing their SOAs, they are responsible for ensuring they comply with all statutory obligations and requirements placed upon them. This includes equalities and the Guidance makes clear that improving performance on equality will contribute to successful delivery across a range of outcomes and further embedding of equality will continue to be important in this next phase of the developments of SOAs.

1.19 In addition, the Guidance also makes clear that further material on good practice in relation to public sector equality duties and issue around equalities will be provided shortly to assist CPPs

Equalities Measurement Framework

1.20 National indicators will be disaggregated by equality strand where possible. However, we recognise the need, identified through the Equality Review, for a new means of measuring change and progress over time. The Scottish Government is contributing to the development of an Equalities Performance Framework, which is being taken forward with the Equality and Human Rights Commission and Government Equalities Office at Westminster. The measurement framework will help us to better understand outcomes for the diverse range of communities and in this context disabled people.

Public Sector Equality Duties

1.21 The public sector equality duties are driving change and improving outcomes for disabled people, minority ethnic communities, and women and men. The Scottish Government's revised and updated disability equality scheme for the period from May 2008 - May 2011 was published earlier this year.

1.22 Looking ahead, an Equality Bill is proposed at Westminster. The aim of the Bill is to consolidate, simplify and, where appropriate, to harmonise equality legislation. An outline of UK Government's proposals for the Equality Bill was published June 2007: Framework For A Fairer Future. It published its response to the consultation in July 2008.

1.23 While equalities legislation is reserved to the UK Government, the wide remit of the Equality Bill has impact on Scotland and devolved functions, particularly through the public sector equality duties. The UK Government proposes to expand the three strands currently subject to the duties to six, bringing in age, sexual orientation, religion or belief; and to bring these six strands into a single public sector equality duty.

Mainstreaming Equality

1.24 Mainstreaming equality into the day to day work of Government and public bodies lies at the heart of the public sector equality duties. Since 2000 the Scottish Government has been pushing forward activities to embed equality, including disability equality, into all its activities. The focus of this 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. This mainstreaming approach remains essential for effective delivery of the public sector equality duties.

Scottish Parliament's Disability Inquiry

1.25 A major contribution to our understanding of the barriers that disabled people in Scotland face was made by the Scottish Parliament's Equal Opportunities Committee. During session 2 it undertook a substantial inquiry into disability, focussing on access to work, access to further and higher education, access to leisure and the arts, and cross cutting issues such as transport, physical access and access to information. The Committee's report ' Removing Barriers and Creating Opportunities' was published in November 2006 with 156 recommendations. We welcome the session 3 Committee's commitment to monitoring implementation. The Committee's inquiry and report are referenced widely in the Scottish Ministers' reports and we are grateful to the Committee for the work that it undertook and the significant contribution this made towards understanding the position of disabled people in Scottish society.

Conclusion

1.26 The Scottish Ministers' Duty is not just about what the Government does. Scottish Ministers need to consider the work of the wider public sector in relation to disability equality. We have already established a national performance framework, with a stated purpose 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. Our response to the Scottish Ministers' Duty is set within this context.

1.27 Our plans for coordination are set out in this report. All of our reports should be seen in the context of the national performance framework and the move to single outcome agreements.

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