Is this a new policy or revision to an existing policy?
New Policy
Screening
TF08 - Agency Care outlines that ILF Scotland will only provide funding to engage a care agency that is providing support or other regulated services, if that agency is appropriately registered.
The Policy will affect disabled young people aged 16 to 21 who apply successfully to the ILF Scotland Transition Fund.
There should be no barriers to the policy being implemented.
A Co-Production Group met on six occasions. The group included representatives from: Disabled Peoples Organisations; COSLA; Social Work Scotland; Carers; Voluntary Sector; Scottish Government; ILF Scotland. This group identified issues for disabled people and the funding of their care and support. The group established consensus that the additional funding to be made available to ILF Scotland should be a broad discretionary fund to support disabled people to live independently particularly at a critical life stage. The group preferred that in the first instance the fund would have a narrower focus than the broad aim of the fund. They identified that current unmet need was particularly significant for younger disabled people who are in transition and who may have a level of need below that which would be eligible for statutory support. An additional consideration was the profile of existing ILF Scotland awards being exclusively to individuals over the age of 21 years. The transition fund is in some part seen as providing the opportunity to address this imbalance. In their assessment, the group considered available evidence for this policy, including the examination of all submissions received by the Scottish Government in its public consultation exercise on the future of the ILF in Scotland post closure of ILF UK. ILF Scotland drafted a set of criteria in co-production, so that the needs of this particular group were prioritised for this funding in the first instance, with a view to widening the focus as additional funds become available and / or as priorities change.
This policy supports the overall aims, objectives and the implementation of the ILF Scotland Transition fund, developed in co-production with disabled people and Disabled Peoples Organizations (DPO), this policy therefore requires only a light touch EQIA.
The impact of this policy will have no specific impact on the protected characteristics of the population of young people applying to the ILF Scotland Transition Fund. There are no circumstances where the Agency Care policy will not be fully adhered to. No concerns have been raised by any individual or group involved in the co-production of the ILF Scotland Transition Fund.
Include here the results of your evidence gathering, (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.
Evidence gathered and strength / quality of evidence: Consultation events which included participants as direct service users and DPOs. Data drawn from existing ILF award Fund; Care Commission, Audit Scotland, Mental Welfare Commission reports. Published serious case review findings.
Source: Contributions including case studies from consultation events. Data drawn from existing ILF award fund. National reports produced by the Care Inspectorate, Audit Scotland, Mental Welfare Commission Published serious case reviews.
Data gaps identified and action taken: Detailed experience of care provision as it affects young disabled people in the target age group who may have no statutory provision or other formal support. This data will be gathered as the transition fund is implemented.
Evidence gathered and strength / quality of evidence: As above
Source: As above
Data gaps identified and action taken: As above
Evidence gathered and strength / quality of evidence: As above
Source: As above
Data gaps identified and action taken: As above
Evidence gathered and strength / quality of evidence: As above
Source: As above
Data gaps identified and action taken: As above
Evidence gathered and strength / quality of evidence: As above
Source: As above
Data gaps identified and action taken: As above
Evidence gathered and strength / quality of evidence: As above
Source: As above
Data gaps identified and action taken: As above
Evidence gathered and strength / quality of evidence: As above
Source: As above
Data gaps identified and action taken: As above
Evidence gathered and strength / quality of evidence: As above
Source: As above
Data gaps identified and action taken: As above
(the Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices - refer to Definitions of Protected Characteristics document for details).
Evidence gathered and strength / quality of evidence: As above
Source: As above
Data gaps identified and action taken: As above
Having considered the data and evidence you have gathered; this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and / or foster good relations.
Age: Eliminating unlawful discrimination, harassment and victimisation
Positive: ✔
Negative:
None:
Reason for your decision: The impact of this policy will be to protect young people by ensuring that, when care agencies are used, only registered and regulated agencies are eligible to be paid for using an ILF Scotland Transition Fund grant. The regulation process will ensure protection for all protected characteristic groups through the implementation of appropriate service standards.
Age: Advancing equality of opportunity
Positive: ✔
Negative:
None:
Reason for your decision: As above
Age: Promoting good relations among and between different age groups
Positive: ✔
Negative:
None:
Reason for your decision: As above
Disability: Eliminating unlawful discrimination, harassment and victimisation
Positive: ✔
Negative:
None:
Reason for your decision: The impact of this policy will be to protect young people by ensuring that, when care agencies are used, only registered and regulated agencies are eligible to be paid for using an ILF Scotland Transition Fund grant. The regulation process will ensure protection for all protected characteristic groups through the implementation of appropriate service standards.
Disability: Advancing equality of opportunity
Positive: ✔
Negative:
None:
Reason for your decision: As above
Disability: Promoting good relations among and between disabled and non-disabled people
Positive: ✔
Negative:
None:
Reason for your decision: As above
Sex: Eliminating unlawful discrimination
Positive: ✔
Negative:
None:
Reason for your decision: The impact of this policy will be to protect young people by ensuring that, when care agencies are used, only registered and regulated agencies are eligible to be paid for using an ILF Scotland Transition Fund grant. The regulation process will ensure protection for all protected characteristic groups through the implementation of appropriate service standards.
Sex: Advancing equality of opportunity
Positive: ✔
Negative:
None:
Reason for your decision: As above
Sex: Promoting good relations between men and women
Positive: ✔
Negative:
None:
Reason for your decision: As above
Pregnancy and Maternity: Eliminating unlawful discrimination
Positive: ✔
Negative:
None:
Reason for your decision: The impact of this policy will be to protect young people by ensuring that, when care agencies are used, only registered and regulated agencies are eligible to be paid for using an ILF Scotland Transition Fund grant. The regulation process will ensure protection for all protected characteristic groups through the implementation of appropriate service standards.
Pregnancy and Maternity: Advancing equality of opportunity
Positive: ✔
Negative:
None:
Reason for your decision: As above
Pregnancy and Maternity: Promoting good relations
Positive: ✔
Negative:
None:
Reason for your decision: As above
Gender reassignment: Eliminating unlawful discrimination
Positive: ✔
Negative:
None:
Reason for your decision: The impact of this policy will be to protect young people by ensuring that, when care agencies are used, only registered and regulated agencies are eligible to be paid for using an ILF Scotland Transition Fund grant. The regulation process will ensure protection for all protected characteristic groups through the implementation of appropriate service standards.
Gender reassignment: Advancing equality of opportunity
Positive: ✔
Negative:
None:
Reason for your decision: As above
Gender reassignment: Promoting good relations
Positive: ✔
Negative:
None:
Reason for your decision: As above
Sexual Orientation: Eliminating unlawful discrimination
Positive: ✔
Negative:
None:
Reason for your decision: The impact of this policy will be to protect young people by ensuring that, when care agencies are used, only registered and regulated agencies are eligible to be paid for using an ILF Scotland Transition Fund grant. The regulation process will ensure protection for all protected characteristic groups through the implementation of appropriate service standards.
Sexual Orientation: Advancing equality of opportunity
Positive: ✔
Negative:
None:
Reason for your decision: As above
Sexual Orientation: Promoting good relations
Positive: ✔
Negative:
None:
Reason for your decision: As above
Race: Eliminating unlawful discrimination
Positive: ✔
Negative:
None:
Reason for your decision: The impact of this policy will be to protect young people by ensuring that, when care agencies are used, only registered and regulated agencies are eligible to be paid for using an ILF Scotland Transition Fund grant. The regulation process will ensure protection for all protected characteristic groups through the implementation of appropriate service standards.
Race: Advancing equality of opportunity
Positive: ✔
Negative:
None:
Reason for your decision: As above
Race: Promoting good race relations
Positive: ✔
Negative:
None:
Reason for your decision: As above
Religion or belief: Eliminating unlawful discrimination
Positive: ✔
Negative:
None:
Reason for your decision: The impact of this policy will be to protect young people by ensuring that, when care agencies are used, only registered and regulated agencies are eligible to be paid for using an ILF Scotland Transition Fund grant. The regulation process will ensure protection for all protected characteristic groups through the implementation of appropriate service standards.
Religion or belief: Advancing equality of opportunity
Positive: ✔
Negative:
None:
Reason for your decision: As above
Religion or belief: Promoting good relations
Positive: ✔
Negative:
None:
Reason for your decision: As above
Marriage and Civil Partnership: Eliminating unlawful discrimination
Positive: ✔
Negative:
None:
Reason for your decision: The impact of this policy will be to protect young people by ensuring that, when care agencies are used, only registered and regulated agencies are eligible to be paid for using an ILF Scotland Transition Fund grant. The regulation process will ensure protection for all protected characteristic groups through the implementation of appropriate service standards.
If, following the impact analysis, you think you have identified any unlawful discrimination – direct or indirect - you must consider and set out what action will be undertaken to mitigate the negative impact.
Have positive or negative impacts been identified for any of the equality groups?
Yes – positive. Regulated support will safeguard and protect all protected characteristic groups.
Is the policy directly or indirectly discriminatory under the Equality Act 2010?
No
If the policy is indirectly discriminatory, how is it justified under the relevant legislation?
No
If not justified, what mitigating action will be undertaken?
This policy has been developed through a genuine process of co-production, which set out to determine how to maximize the impact of available resource to achieve independent living for disabled people. All policy decisions around eligibility were taken within this context. The overall aim of this policy is to state eligibility criteria for a new funding stream for disabled young people. These criteria were determined following careful analysis of options and wide engagement with stakeholders. Following implementation, there will be careful monitoring and evaluation of impact, with a view to developing policy and broadening access beyond the initial target group of 16 to 21 year old disabled people. The process followed has resulted in policy decisions being made that are intended to produce better outcomes both for disabled communities, and their communities. The fund will support activity that is enabling disabled people to be active and participating members of their communities, benefiting both the disabled people and those with whom they will engage as a result of this policy development.
Strathclyde University Disability Resource Centre has been commissioned to undertake independent review and evaluation of the impact of this policy and of the new ILF fund generally. This will commence immediately on implementation of the policy in November 2017.
Please confirm that:
This Equality Impact Assessment has informed the development of this policy:
Yes
Opportunities to promote equality in respect of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation have been considered, i.e.:
Yes
If the Marriage and Civil Partnership protected characteristic applies to this policy, the Equality Impact Assessment has also assessed against the duty to eliminate unlawful discrimination, harassment and victimisation in respect of this protected characteristic.
Yes
I am satisfied with the Equality Impact Assessment that has been undertaken for the revision to Policy TF08 - Agency Care.
Name: Margaret Wheatley
Position: Head of Policy
Authorisation Date: 10 November 2017
