Coming Home implementation report: equality impact assessment

Equality Impact Assessment : Coming Home Implementation Report

Title of policy: Coming Home Implementation Report

Minister: Maree Todd MSP, Minister for Social Care, Mental Wellbeing and Sport

Lead Official: Hugh McAloon, Interim Director, Mental Health Directorate

Directorate: Mental Health

Framing

Policy Aim

The Coming Home Implementation Report ("the Report") published in 2022 sets out the Scottish Government and COSLA's joint ambition that the human rights of everybody with learning disabilities and complex care needs are respected and protected and they are empowered to live their lives, the same as everyone else. It is focussed on addressing delayed discharge and inappropriate out-of-area placements experienced by people with learning disabilities and complex care needs.

It set an ambitious vision that: by March 2024 we want and need to see real change with out-of-area residential placements and inappropriate hospital stays greatly reduced, to the point that out-of-area residential placements are only made through individual or family choices and people are only in hospital for as long as they require assessment and treatment.

The Report set out a number of key recommendations, three of which the Scottish Government is working to deliver in partnership with COSLA and key stakeholders. These include:

• Introducing Dynamic Support Registers to improve data and local case management of those who are admitted to hospital and those in inappropriate out-of-area placements.
• Establishing a National Support Panel.
• Launching a Peer Support Network to share best practice.

Executive Summary

The public sector equality duty requires the Scottish Government to consider how a policy may impact, either positively or negatively, on different sectors of the population in different ways. Equality legislation covers the protected characteristics of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, sex, sexual orientation and religion and belief.

Particular consideration should be given to the fact that the protected characteristics (along with other socio-economic considerations) are not independent of each other and some people may have to deal with multiple and interconnected issues (sometimes referred to as intersectionality) related to disadvantage at any one time.

The Equality Act 2010 harmonised existing equality legislation and includes this public sector duty ('the Duty') which requires the Scottish Government to pay due regard to the need to:

• Eliminate discrimination, harassment, victimisation or any other prohibited conduct;
• Advance equality of opportunity; and
• Foster good relations between different groups - by tackling prejudice and promoting understanding.

This Equality Impact Assessment (EQIA) considers the potential impacts of the three key recommendations made within the Coming Home Implementation Report on each of the protected characteristics.

The EQIA process identified positive impacts for people with learning disabilities and complex care needs, who fall within the disability protected characteristic. The EQIA has not identified any negative impacts for any of the protected characteristic groups. This policy is therefore assessed as not directly or indirectly discriminatory under the Equality Act 2010.

The EQIA process did however identify a significant lack of equalities data in this area to draw solid conclusions.

It is an accepted recommendation that the Scottish Government will keep this EQIA analysis under regular review, with new data and evidence analysed over time in order to monitor the impact of the Coming Home Implementation Report on people with protected characteristics.

Accountability

The Scottish Government is responsible for ensuring that human rights and equality considerations are respected, protected and fulfilled within new national policy. The Scottish Government, through publication of the Coming Home Implementation Report, has set a national ambition that the human rights of everybody with complex care needs are respected and protected and they are empowered to live their lives, the same as everyone else.

The Scottish Government is dependent upon its statutory delivery partners to ensure this ambition is met. Local Authorities, NHS Health Boards and Integration Authorities are all subject to the same Public Sector Equality Duty and the Equality Act 2010 which requires them to pay due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good community relations.

Third and private sector partners are subject to the same legal obligations under the terms of the Equality Act 2010 when carrying out a public function.

Strong local and national partnerships and genuine collaboration will be essential to deliver on the Coming Home Implementation Report recommendations.