Organisation objective
- governance
- statutory item
- NHS Long Term Workforce Plan
- NHS Long Term Plan
Executive summary
NHS England has produced a Specific Equality Duties (SED) review report to demonstrate how we are meeting our statutory requirements under the Equality Act 2010’s Public Sector Equality Duty (PSED) and the associated Specific Equality Duties (SEDs). Central to these statutory requirements is the duty to publish equality information annually. This SED review report is designed to meet this requirement and is divided into 4 main sections and one appendix:
a. Section 1 explains how the report demonstrates that NHS England is meeting the PSED and the SEDs.
b. Section 2 assesses progress in 2023/24 against the equality objectives and targets approved by the Board in May 2023.
c. Section 3 provides information on programmes and initiatives delivered in 2023/24.
d. Section 4 sets out proposals for developing the next round of equality objectives and targets and proposes extending these to 2025/26.
e. Appendix A lists the equality objectives and targets for 2024/25 and 2025/26.
Action required
The Board is asked to:
a. Note the work undertaken by NHS England in furtherance of equality objectives 1 to 8 and their associated equality targets (section 2).
b. Note the work undertaken to advance equality of opportunity, in particular to address issues and questions raised by the Women and Equalities Select Committee and the Equality and Human Rights Committee in relation to Black maternal health, learning disability and autism, mental health and low paid ethnic minority staff.
c. Endorse the recommendations in part 4 for submission to the Board that extends the current equality objectives and targets to 2025/26.
d. Approve and accept the SED review report and the revised equality targets (appendix A).
Background/issue and context
1. In line with the statutory obligations placed on NHS England, sections 2 and 3 of the report provide an assessment of progress in delivering the equality objectives and targets.
2. Section 4 explains the rationale and lawful basis for extending the current set of equality objectives to 2025/26. It draws on the assessment in parts 2 and 3 and identifies the rationale for retiring or rolling over equality targets for 2024/25 and 2025/26.
Considerations and recommendation
3. Compliance with the PSED and SEDs are statutory obligations. The report demonstrates the breadth and depth of the work undertaken by NHS England in furtherance of the PSED and the SEDs.
4. In developing our equality objectives and targets, we are required to focus on the Equality Act 2010’s 9 protected characteristics where there is evidence of a need to take strategic action to address discrimination or other matters that are unlawful under the 2010 Act, advance equality of opportunity or the need to foster good relations.
5. Since 2020,the Equality and Human Rights Commission (EHRC) has undertaken a number of regulatory reviews of compliance by public sector organisations with the PSED and SEDs. In 2022 and 2023, the EHRC confirmed its interest in taking a supportive and proactive approach with the NHS and integrated care boards in particular. The EHRC and the Care Quality Commission developed a formal memorandum of understanding (MoU) in 2021 and have maintained this formal relationship since then.
6. In terms of legal compliance, governance and risk, meeting the statutory obligations set out in the PSED and the associated statutory regulations is a legal obligation, however meeting these legal obligations is wholly consistent with the principles of good governance and the principles and requirements set out in the NHS Standard Contract (section 13). Publication of this report by mid-May 2024 will address the statutory obligation to publish equality information within 12 months of the last publication date.
Interdependencies, wider implications and working with people and communities
7. The equality targets have been set by relevant programmes and are designed to make a specific and measurable impact contribution to addressing each of the 8 equality objectives.
8. The equality objectives, targets and work identified in sections 2 and 3 of the report will make a strategic contribution to advancing equalities and reducing health inequalities, supporting the NHS Long Term Plan, the NHS Long Term Workforce Plan and a range of wider NHS strategies.
9. The engagement report, published in May 2023, has informed the approach taken in this report.
Publication reference: Public Board paper (BM/24/23(Pu))