Equality and diversity
The establishment demonstrates a clear and coordinated approach to eliminating discrimination, promoting equitable outcomes and fostering good relations, and ensures that no child is unfairly disadvantaged. This is underpinned by effective pr ocesses to identify and resolve any inequality. The diverse needs of each child are recognised and addressed.
Strategic management
42. Managers demonstrate strong leadership in delivering a coordinated approach to embedding equality considerations in regimes, eliminating all forms of discrimination and promoting inclusion and respect for diversity.
The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
- There is a local strategy that outlines how the needs of all groups within the establishment will be identified and addressed.
- The governor/director leads by example in promoting equality and diversity.
- Policies and regime activities reflect the diverse needs of the population.
- A named person of appropriate seniority has overall responsibility for equality and diversity.
- Staff with specific equalities responsibilities are given sufficient time and support to fulfil their role, and have clear job descriptions and objectives.
- Equality and diversity issues and outcomes are monitored regularly by a committee involving managers, staff and peer workers from across the establishment.
- There is regular and effective input by external community representatives, providing advice at a strategic level and support to children.
- Awareness of equality and diversity is promoted by educational and celebratory events.
43. By employing fair processes, the establishment ensures that no child or group is unfairly disadvantaged.
The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
- The establishment has clear systems in place, which are known and used by all staff, to identify and take appropriate action to minimise and prevent all forms of discrimination or disadvantage.
- Staff are trained and supported to identify and eliminate discrimination.
- Effective and regular monitoring is in place, covering all diverse needs, to ensure equality of treatment and access to services, for example, allocation to activities, health care, complaints, use of force and rewards and sanctions.
- Results of equality monitoring are communicated in an easy to understand format to staff and children and appropriate action is taken when necessary.
- Incident reporting systems are developed to facilitate the reporting of all types of discrimination.
- Data on discriminatory incidents and allegations is routinely analysed for patterns.
- Potential adverse outcomes are investigated thoroughly. Remedial action is promptly taken and evaluated.
- There are effective interventions in place for both the person being discriminated against and the perpetrator of discrimination.
Cross reference with: daily life – consultation, application and redress; bullying and violence reduction; early days in custody.
44. Discriminatory behaviour is challenged robustly and consistently.
The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
- All forms of discriminatory language and conduct are challenged.
- Children and staff know what behaviours and language are acceptable.
- Children, staff and visitors know how to report discrimination, are supported to do so and are safe from any repercussions.
- Responses to discrimination complaints are timely and are based on a thorough investigation.
- Allegations and incidents are investigated thoroughly.
- There are clear links between designated equality staff and the establishment’s approach to violence reduction.
- There are effective interventions to support children experiencing discrimination and to challenge and educate perpetrators.
- Children who have been involved in hate crime or incidents are supported to understand the harm caused and to change their behaviour.
45. Children are given the opportunity to play an active role in eliminating all forms of discrimination and are consulted frequently to strengthen and support the elimination of discrimination.
The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
- Consultation methods are co-created by children and staff.
- Children who are equality representatives effectively represent the views of their peers, have appropriate job descriptions and meet regularly, both with equality staff and as part of a wider forum that includes managers, staff and children.
- Equality representatives contribute their views to equalities monitoring.
- Through regular consultation meetings and surveys, children can raise issues on any aspect of equality.
- Equality representatives are supervised and supported.
- Children have access to staff and outside agencies on a regular basis to answer queries and seek advice about equality and diversity issues.
Protected characteristics
46. Children are treated equitably and according to their individual needs.
The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
- Staff promote and model inclusion in all aspects of their work and show an awareness of equality, anticipating and addressing the needs of children.
- Assessments on arrival at the establishment establish individual needs, including covering all protected characteristics.
- Children have access to information in a format and language they can easily understand, such as DVD, easy read or Braille.
- Any child who requires a personal care plan is identified quickly and an individualised plan is put in place. Care plans are kept up to date and, where appropriate, are multidisciplinary.
- Staff are aware of children who may require extra support in the event of an emergency. Personal emergency evacuation plans are used.
- Staff are aware of children who need help to complete everyday activities.
- Staff make reasonable adjustments to ensure that all children can participate in education and activities which meet their needs.
- External support groups and networks are effectively promoted and children are helped to contact them.
- Rehabilitation and release planning work takes account of the specific needs of children.
47. The specific needs of children from all black and minority ethnic groups are met.
The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
- Staff are aware of and respond appropriately to race and cultural issues.
- Sufficient attention is paid to the distinct needs of all black and minority ethnic groups.
48. The specific needs of foreign national children are met.
The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
- Foreign national children receive practical help to keep in touch with family, including regular free phone calls and opportunities for appropriate contact with family and friends abroad.
- Children are provided with information about their immigration status and immigration procedures in different languages and formats and helped to understand them.
- Regular liaison takes place with immigration authorities and children are informed as early as possible in their sentence whether they are being considered for removal or deportation.
- Children at risk of deportation are offered appropriate support when visited by immigration officials.
- Staff understand the potential impact of deportation decisions on a child’s mental health and provide appropriate support.
- Deportation matters are concluded before the end of the custodial sentence.
- Children are informed that they may be able to be transferred to their home country to serve their sentence.
- Staff responsible for managing immigration issues and liaison are fully trained.
- Children understand and receive their entitlements and can participate fully in the activities and services of the establishment.
- Accurate records are kept of staff and children who can speak languages other than English and children who may find communicating in English challenging.
- Children are not held solely under administrative powers beyond their sentence expiry date.
- Staff are aware of the distinct needs and cultural preferences of foreign nationals.
- Children have access to accredited, independent immigration advice and support agencies, including confidential translation and interpreting services, with appropriate specialisms for issues relating to children.
- Children can readily access the relevant consulate or embassy and are informed without delay of their right to do so.
Cross reference with: daily life – residential services; education, skills and work activities; children, families and contact with the outside world.
49. The specific needs of children with disabilities are met.
The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
- Children with disabilities are identified on arrival and their needs assessed. They are given (where appropriate) a multidisciplinary care plan which is kept up to date and shared appropriately with all relevant staff.
- Children with special educational needs, including those with education, health and care plans, are given the support they are entitled to.
- All staff have access to relevant information about children in their care who have a disability.
- Children have access to information in a format and language they can easily understand. Children can access appropriate specialist support services and equipment to enable them to communicate and understand the regime. Accredited interpreting services are used wherever accuracy or confidentiality is important.
- Reasonable adjustments are made to ensure that children with disabilities, including those with learning disabilities/difficulties, have equitable access to the full regime and facilities.
- Children who are unable to take part in normal timetabled activities due to a disability are unlocked during the day and provided with appropriate education and sufficient activities.
- Senior managers make appropriate representations for the transfer of children whose needs cannot be met in the establishment.
Cross reference with: early days in custody; daily life – residential services; time out of cell; education, skills and work activities; safeguarding of children; health services.
50. The specific needs of trans and intersex children are met.
The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
- Decisions about the location of a trans or intersex child are taken following a case conference and take account of the child’s views. Children are located in an institution that can meet the needs of the gender with which they identify.
- All children have access to the items they use to maintain their gender appearance.
- Children are permitted to live permanently in the gender with which they identify.
- Children are referred to and addressed using terminology agreed with the child, including in relation to gender, names and pronouns.
- Children, including children who wish to begin gender reassignment, are able to access appropriate, specialist medical and psychological support that meets their needs and is equivalent to what they would receive in the community.
- All children are supported in relation to their gender identity and expression through specific support groups and schemes within the establishment, and referral to external support networks.
- There are arrangements to educate staff, enabling them to adequately support children in transition and on all matters relating to gender identity and expression.
Cross reference with: safeguarding of children; security; daily life – residential services.
51. The specific needs of children of all sexual orientations are met.
The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
- Staff training and development promotes equal respect for people of all sexual orientations and raises awareness of the discrimination faced by gay and bisexual children.
- Acceptance of all sexual orientations is promoted.
- Action is taken to identify and prevent homophobic language and behaviour and interventions for challenging homophobic/discriminatory bullying are in place.
- Children who are gay or bisexual are supported via specific support groups and schemes within the establishment and through referral to external support networks.
52. The specific needs of children of all religions are met.
The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.
- Children have easy access to corporate worship and faith-based classes and groups.
- Faith areas are accessible and permit contemplation, reflection and prayer.
- Alternative or additional provisions are made when individual children are excluded from corporate worship.
- Children can obtain, keep and use artefacts that have religious significance.[3]
- Children can fulfil religious lifestyle requirements.
- Staff are aware of religious diversity and the way this interacts with cultural and racial identities.
- Searches of staff, visitors, children and their property are conducted in a manner that is sensitive to religion and culture.
- Children can learn about different faiths and are free to change or abandon their religion.
- Children can celebrate all major religious festivals and these are actively promoted to all children.
- The chaplaincy team delivers its statutory duties.
- Chaplains can provide support, when requested, to children who have experienced bereavement or loss.
- Chaplains contribute to multidisciplinary teams across the prison, and attend individual case reviews where appropriate.
- Chaplains establish and maintain links with faith communities outside the prison.
- Chaplains support the role of faith in promoting desistance from crime and help children meet their faith needs on release.
- The chaplaincy team has a role in identifying and challenging extremist ideologies that purport to be based on religious belief.
- Children of no faith can receive support from the chaplaincy team and are not less favourably treated than children of faith.
[3] ‘Religion’ here should be understood to include ‘religion and belief’ as they are understood in the context of the Equality Act 2010 and related case law.