The Regulator for Charities in England and Wales

Report, Review and Revision of Race Equality Scheme (RES)

(Version September, 2005)


Contents

Background

The Government has made the commitment to reduce inequality in British society. Public authorities are seen as having a key role in pushing forward the equality agenda. The last eight years have seen the introduction of a whole body of new equality legislation and amendments to existing equality law. The Race Relations Amendment Act 2000 (RRAA) makes racial discrimination in public functions unlawful. The Act obliges public authorities like the Commission to promote race equality in the way they act towards their staff, develop policies and provide their services. All public authorities must produce a Race Equality Scheme (RES) setting out their action plans with meaningful and measurable targets. By October 2006 we will have to produce a similar scheme for disability and, as set out in the Equality Bill, we will need to do the same with gender equality.

We published our first Race Equality Scheme (RES) in May 2002 and revised it in March 2003. This report reflects the action we have taken, how well we have met our targets and how we have learnt from our experiences in the first three years of the RES.

It is now important that we update our scheme: this is not merely a statutory obligation. We need to look at our experience and see how we can do things better. We need to be very clear about future policy development and targets as they affect all areas of our business and ensure these are met transparently and consistently. Our fully revised RES will be published by spring 2006 following external consultation, and will only encompass high priority areas for the next 12 months. A further review will then be conducted.

As a result of an internal strategic review the structure of the Commission will change over the next 18 months. Some of the proposed action “owners” in this report may change as a result of restructuring. It is vital that this work is allocated after the restructuring to ensure the RES targets are met and that corporate responsibility for their achievement remains. We recognise the need to ensure that the resource requirements of implementing the results of our Strategic Review do not postpone the delivery and implementation of the new interim RES featured here.

Executive summary

This report represent the action taken to address priority areas, divided up amongst the functions represented in the Commission.

The key highlights from the Commission’s RES

  • The views and interests of black and minority ethnic (BME) individuals have been promoted during the development of the Charities Bill.
  • Guidance has been published for all staff about the race equality legislation.
  • The views and experience of BME organisations have been actively sought in the scoping and research phases of our regulatory reports, in BME participation in mainstream issues and developing race equality initiatives to include the employment of consultants.
  • Strong working relationships have been forged with key BME umbrella bodies.
  • The Commission has input into the ‘Making Equality Simple’ NCVO guide to the Employment Equality Regulations on religion and belief.
  • Work has been done with The African and Caribbean Evangelical Alliance, The Evangelical Alliance and others to draw up model governing documents specifically for independent churches. We hope to launch the governing documents later this year.
  • A Customer Network of 65 organisations from across the sector has been established with plans. The network was created with the help of targeted recruitment in Asian, Afro-Caribbean, Jewish and Muslim communities and reflects the sector in terms of diversity, income and location The Commission provides advice in other languages and a translation services for customers.
  • The Commission has engaged with the Gujarati community in Birmingham.
  • A mandatory programme of diversity training for all staff and optional Cultural Awareness training has been introduced.

The Review has highlighted significant achievements in proactively establishing sound principles and meeting RES targets in key business areas such as Policy and Customer Services, and identified some operational practices and monitoring of our employment duties where we can continue to improve.

Key priorities in the new scheme will be:

Service delivery

1. Monitoring of advice and guidance to ensure that BME charities are catered for appropriately and not disadvantaged. This will be done through feedback questionnaires, quality reviews and the complaints procedure.

2. Ensuring the new strategic focus of the Commission better reflects the needs of the diverse sector and championing the work of all charities from all backgrounds. The RES forms part of the Strategic Review implementation, as it is a key element of improving relationships with our customers and providing a modern, fair and innovative service.

3. Seeking improvements and monitoring of the registration process to ensure the process is fair for all of our customers and does not discriminate against BME organisations who are seeking to register with us. Registration from prospective BME charities accounts for the greatest number of new registrations and it is imperative we are much more robust in our checking of equality.

Recruitment, selection and retention

1. Managing the risks through our workforce strategy to ensure that restructuring as a result of the Strategic Review, and the current restrictions on recruitment and managing surpluses in the Civil Service, do not adversely impact on the diversity profile of the Commission and race equality.

2. Looking at ways of retaining, developing and promoting existing BME staff to ensure the diverse mix of employees is not reduced.

3. Actively liaise with other departments to learn best practice from their positive action initiatives.

Training of staff

1. Our programmes need to raise awareness and cover the requirements of the RRA in more detail, through for example, induction and management training as well as diversity courses.

Monitoring and publishing ethnicity statistics

1. A review is in progress of the analysis undertaken to date, to ensure consistency in interpretation and to maximise the measurement of progress against our equality and diversity aims. The RES statistics will be published annually on our website.

Functional reports

Function: Policy & Strategy

Background

Since the Race Equality Scheme (RES) was produced in May 2002, Policy Division has taken on the strategic role of business planning and change management. The inclusion of Strategy within the function has provided an opportunity to put race equality at the heart of business planning.

Executive Summary

Policy & Strategy (the Directorate) have made some good progress against their actions plan for the first three years of operation.

Action Plan August 2003 – May 2005

Keep up to date with race equality legislation and the impact on policy development & business planning.

The Directorate will keep up to date with the amended Race Equality Legislation and the good practice work of other departments in promoting race equality within policy development and business planning.

Progress

Achieved

Shared good practice and contributed to external and internal publications on race equality.

Learning and Skills Equality and Diversity training seminar and the launch of the Audit Commission’s race equality self-assessment tool and shared good practice recommendations internally.

  • Contributed to the Race Equality Unit’s Review of the Governments Interface with Faith Communities.
  • Published internal guidance on equality legislation, which includes details of our race equality scheme, and how race equality legislation may impact charities.
  • Contributed to the NCVO publication ‘Making Equality Simple: A guide to the 2003 Employment Equality Regulations on religion and belief’.

Action plan May 2005 - May 2006

Keep up to date with the amended Race Equality Legislation and the good practice initiatives that could impact policy development and business planning.

Ensure Policy representation on the Diversity Steering Group to ensure joined up internal initiatives are implemented.

Lead the Commission’s contribution to good practice in race equality initiatives and communicate these to other Government Departments and the charitable sector.

Action Plan August 2003 – May 2005

Continue to develop ways to identify and research issues that better reflect the concerns and priorities affecting the BME sector and its perspective.

Progress

Achieved

Membership of BMSpark (a website based resource for research and good practice issues affecting BME communities) including attending BMSpark conference and the BME Voluntary and Community Sector Summit to look at BME voluntary sector issues.

Active relationships with key BME umbrella groups, the Commission for Race Equality and the Active Community and Race Equality Units at the Home Office (inc. the review of the Governments interface with Faith Communities).

Supporting Gharweg (who support BME community groups especially those from Africa) in their capacity building work with these organisations.

Action plan May 2005 – May 2006

To attend at least two external events, which highlight the concerns, and priorities that affect BME individuals and organisations and highlight good practice that may be taken forward within the Commission.

Action Plan August 2003 – May 2005

For each Regulatory Report (Regulatory Reports work within Policy division) ensure that at least two BME groups (which can be both charities and representative bodies) are involved in the fieldwork undertaken to support the topic. Regulatory Reports will ensure it consults these organisations in a relevant and time efficient way to encourage participation.

Progress

Achieved

Regulatory Reports has sought the input of at least two (and often more eg eight different organisations consulted in connection with the Membership report) BME charities at the scoping and research phase of all its reports. The scoping and research phases of each report also include a routine check of websites run by BME umbrella groups such as the Black and Ethnic Minorities Network at Community Matters.

In the appointment of a consultant to do the research and write up of the new Regulatory Report on Redress one of the requirements in the Definition Document is consultation with BME groups to see if there are unique issues to them.

Action plan May 2005 – May 2006

For each Regulatory Report ensure that at least two BME groups (which can be both charities and representative bodies) are involved in the supporting fieldwork. Regulatory Reports will ensure it consults these organisations in a relevant and time efficient way to encourage participation.

Where fieldwork towards a Regulatory Study is carried for us by a third party such as a consultant or contractor we will ensure that they are aware or can demonstrate they have fulfilled our commitment to seek the views of BME charities or umbrella groups.

Action Plan August 2003 – May 2005

To consider methods of consultation that encourages greater participation from BME organisations.

To invite BME groups to be involved in policy development.

Progress

Achieved

Internal guidance published on undertaking written consultations highlighting the full range of both formal and informal consultation methods.

Running workshops to develop policy on face-to-face methods being used in conjunction with written consultations, such as the review of the Responsibilities of Trustees and Welcome leaflets. Two of the twelve representatives attending were from BME umbrella organisations.

Action plan May 2005 – May 2006

To make use of the Customer Network to encourage participation of BME organisations in consultations and workshops.

To further develop methods of consultation that encourages greater participation from BME organisations.

Action Plan August 2003 – May 2005

Develop Business Planning to have a positive impact on race equality.

To produce internal guidance on Business Planning including examples of how staff can examine race equality issues when preparing and reviewing business planning. Post-publication, Heads of all Functions must show how their bids reflect race equality commitments. Plans will be challenged if this is not shown.

Progress

Achieved

Business plans are monitored to reflect race equality commitments.

Action plan May 2005 – May 2006

Updated guidance and further monitoring of business plans in the new planning round will ensure the Commission maintains a consistent commitment to race equality.

Action Plan August 2003 – May 2005

Within the Electronic Business Programme the Directorate will examine whether there are particular concerns or impacts for BME organisations. The Directorate will take account of access that BME groups and individuals have to changing technology and therefore the access to the increasing number of internet-based services that we may provide.

Progress

Achieved

The Electronic Business Programme has worked with Community Matters and has agreed to run consultation events to determine whether there are specific issues of concern to be addressed for the BME groups and individuals. These consultation events will be set up once the Commission has agreed the priorities for online services in the first year of operation.

Action plan May 2005 - May 2006

The electronic business programme will continue to consult with relevant BME groups in the development of its online registration process and other electronic business initiatives.

Action Plan August 2003 – May 2005

In analysing the external environment (scenario planning) we will take account of drivers for change as they impact upon BME communities.

Progress

Achieved

At the scenario-planning event organised in December 2004 BME organisations were invited. The scenarios were developed in the context of the equality agenda and using the census data relating to the BME and faith communities in Britain.

Action plan May 2005 – May 2006

In developing the measure for public trust and confidence the Commission will seek to understand the drivers behind lower levels of trust in the BME sector relating to the average.

Action Plan August 2003 – May 2005

Monitor policies to examine whether they promote race equality

To review our Operational Guidance relating to the practical effect of the Race Relations Act on the names and objects of charities to ensure that it is consistent with our duty to promote race equality.

Progress

Not achieved

Other priorities have meant that the Operational Guidance relating to the practical effect of the Race Relations Act on the names and objects of charities has not been progressed. This has been highlighted and the policy will be examined during the new action plan period.

Action plan May 2005 – May 2006

To consider revising the Operational Guidance by 31 March 2006.

Clarify the Commission’s view of the impact of section 34(1) on the charitable status of an organisation by 31 March 2006.

Consider consulting with the BME charitable sector, the CRE and the Race Equality Unit at the Home Office on its view of the legal impact of section.34 and whether this should be amended in light of changing circumstances since 1976.

Action Plan August 2003 – May 2005

When the Directorate review any policy, or consider new charitable purposes, it will examine and set out in writing whether there is a potential negative or positive effect on race equality.

Progress

Achieved

Individuals self assess whether a particular policy has a negative or positive effect on race equality.

In the summer of 2003 the promotion of Equality and Diversity for the Benefit of the public was accepted as a charitable purpose. This has a direct positive impact on BME organisations that may now enjoy the benefits of charitable status.

In October 2004 the Commission accepted the promotion of the voluntary sector for the benefit of the public as a new charitable purpose. Examples of charities registered with this new purpose with particular emphasis on BME communities include the Wandsworth Community Empowerment Network and the Camden BME Alliance.

Action plan May 2005 – May 2006

When the Directorate review any policy, or consider new charitable purposes, it will examine and set out in writing whether there is a potential negative or positive effect on race equality.

Function: Registration of Charities

Background

The assessment of formal applications for charitable status is carried out in an operational division – Status (formerly known as Registration). The work includes determining whether organisations are charitable and registering those organisations that fully meets the criteria for registration. We formally reject those organisations that do not meet the criteria for registration.

Executive summary

The Registration function has had a number of high priority targets over the last three years, but there has been slippage in meeting some of these. Sufficient mechanisms will need to be in place to ensure key targets can be met in the future.

Action Plan August 2003 – May 2005

Tracking a sample of black and minority ethnic cases to assess how these compare with a sample of other cases. This will help us to establish whether there are different needs or issues which must be addressed at a policy level.

Progress

Partially achieved

Monitoring has been completed for quarter Oct to Dec 2004 and as previously no problems have been identified. While overall averages are 45 days, these rise to around 80 days for BME cases (the target is 87 days). There were a handful of cases which went on for over a year although these were largely due to legal issues rather than the ethnic base of the organisations.

Tracking a sample of cases rejected for registration. Again this will help us to identify whether there are particular issues or concerns that we need to be aware of in relation to black and minority applications.

Progress

Not achieved

Action plan May 2005 – May 2006

Continued monitoring of case lengths as an indicator of unwarranted bias.

Sampling cases rejected for registration will be a high priority.

Working on Faith Communities project and voice networks presentations planned for October 2005.

Application forms will be rewritten when the Charities Bill is enacted and online services released. At that point reference to diversity and race equality on trustee bodies will be included.

Revising our Application Pack to include new guidance on promoting diversity within trustee bodies.

Function: Conducting Evaluations and Investigations into concerns about charities.

Background:

Allegations or information about abuse are normally subject to an evaluation process to assess the strength of the evidence and the best way to resolve any problems highlighted. The evaluation process may find that there is no substance in the allegations. If the evaluation process suggests that there is clear evidence of more serious irregularities within a charity, a formal inquiry is opened. The Commission is committed to investigating in depth the most serious cases of abuse. Where wrongdoing is identified we take any formal action within our power to put things right.

Executive summary

This function has made some progress towards their action points, although there is scope to improve on basic monitoring activity. Some areas have been identified as a high priority for the next 12 months. In order to show that Investigations and Evaluations are conducted fairly for BME charities, we may need to consider ways of demonstrating a greater understanding of issues and sensitivities pertinent to BME cases.

Action Plan August 2003 – May 2005

Monitoring a sample of cases to ensure that investigations are opened without regard to race and ethnicity issues.

Progress

Not achieved

Monitoring feedback by ethnicity to gain information on the conduct of investigations.

Progress

Achieved

Compliance and Enforcement Customer Feedback survey conducted in February 2005. High satisfaction levels for verbal and written communications. The survey was completed by 95 respondents with only 15 of those stating that they were from a BME group. This is too small a sample to provide meaningful conclusions.

Revising our publication ‘complaints about charities’ (Formerly called Inquiries into Charities) (CC47) to include details of arrangements to help ethnic minority groups communicate with us.

Progress

Partially Achieved

Revising leaflet CC47 – Complaints about charities.

Revising staff guidance within our Investigations Manual.

Progress

Not achieved

Undertaking an annual review of procedures, in the light of experience, and revising procedures accordingly.

Progress

Partially achieved

New investigations Quality Review form which includes specific criteria relating to justification and proportionality, and to communication and observance needs of ethnic groups.

Monitoring to be conducted in 2005-06.

Obtaining feedback about any issues encountered in cases involving charities representing BME groups.

Function: Advice and Guidance.

Background:

To help charities fulfil their charitable objectives, operate efficiently, and avoid exposing themselves to undue risk, the Commission provides oral and written guidance on a wide range of issues relating to their operation, governance and administration. The need for such advice may be identified by charities themselves or by the Commission as a result of monitoring, visits, local surgeries or whilst we are dealing with other matters.

Executive summary

This function has made some progress but unfortunately no specific targets have been met. There is a need to ensure mechanisms are put in place to meet RES targets and avoid future slippage as a high priority.

Action Plan August 2003 – May 2005

Charity funds

Casework

In this work we provide advice and guidance for a diverse variety of small medium and large charities.

Progress

Partially achieved

We have produced papers on Islamic and Hawala banking methodology to gain a greater understanding of these cultures and how funds are handled.

Staff have previously received cultural awareness training and written information on the main faith groups available. Staff are encouraged to conduct business in a way that respects cultural and religious sensitivities and creates mutual respect. For example, on a visit to a Sikh Temple, case officers removed their shoes, offered to cover their heads and showed themselves to be familiar with religious practices.

We quality review 5% of all cases and none have failed on the grounds relating to matters in the RES, such as discrimination, lack of understanding or ethnic or religious matters or communication.

Model governing document for independent churches and Standard trust deeds have also been produced but these have yet to be published.

Legal advice has also been provided in connection with the practice of tithing (which raised issues of personal benefit) in independent Churches.

Trustee diversity issues have also been addressed as part of the programme of visits to large charities.

Staff conducting regulatory assessments of large charities are asked to include comment on whether trustees appear to have been recruited on the basis of the mix of skills, knowledge, experience and diversity they bring. Where a visit results board diversity issues are raised with the trustees, and visiting officers can make recommendations on trustee recruitment in the subsequent letter to the charity.

Outreach and education

Targeting of outreach events appropriate and fair.

Progress

Partially achieved

We are working with the Home Office International Programme who aim to look at the not for profit sectors in other countries primarily with the remit of countering terrorism and promoting better governance of not for profit sectors in other regions. The racial and cultural differences experienced have enhanced our knowledge for use in operational work.

Two accountancy staff went on commission’s International outreach Program to Ethiopia and Pakistan. These visits provided useful insights in to cultural and racial differences which will be used in case working methods.

Action plan May 2005 – May 2006

Links with the Community Foundation Network to be further developed and developing guidelines in terms of banking and other financial structures appropriate to other cultures.

The new Charity Effectiveness Division will use information from casework and partnerships with umbrella groups to get this information to the sector and encourage innovation and collaboration. We will ensure we actively include bodies representing faith groups and BME voluntary and community organisations to both feed into the information collected and to disseminate messages to their members and communities.

There will be a new revised programme of outreach and domestic road show events run by each site. This will be the responsibility of a newly formed Public Affairs function.

Function: Human Resources

Background

Human Resources Division provides a strategic service to managers and staff in the Commission. This includes functions such as recruitment and selection, policy and practical advice and guidance for managers. The Division is the conduit for monitoring the Commission’s RRA obligations. The sections that follow provide more information on how we currently meet our employment duties under the Act, what specific initiatives we have undertaken in the past that support the aim of the Act, and how we plan to consolidate and expand on present and past activity to further support those aims.

Executive Summary

In order to measure progress against our equality and diversity policy aims, we engage in a monitoring programme. We already monitor all job applications by reference to the ethnic categories used for the 2001 census. Applicants make declarations voluntarily and in confidence, on a form that is kept separate from the application documents, and we ask all staff annually to confirm the accuracy of the declarations they made on application. We also seek declarations from those who have not done so, reminding them that we use the information to monitor our progress in improving diversity in the Commission.

We aim to report and publish the results of our monitoring annually. There have been a number of problems with publication of statistics in the past but these are now in the process of being rectified. We have therefore only partially achieved our statutory obligation to publish employment statistics.

Action Plan August 2003 – May 2005

Recruitment, selection

Completing a review of our recruitment systems, this will further embed the practice of competency-based recruitment, and selection based on recognition of diversity and equality of opportunity.

Progress

Achieved

We undertook the anticipated review of our recruitment systems and took account of the suggestions of the Diversity Steering Group in making recommendations connected with diversity issues.

As a starting point, and in line with best practice, in the autumn of 2004, we split our application form into two parts, so that sifting panels do not have access to personal data (which remains in HR). It is too early to tell whether this has had any impact on ethnicity statistics for those called to interview since then. Detailed guidance for managers on discrimination issues has been reworked and issued as part of the Guidance to Managers. This includes examples of positive action statements to be used in advertisements.

Considering the wider use of media for vacancy advertisements, including the Internet.

Progress

Achieved

Our appointed recruitment advertising agent has been tasked with considering the diversity angle when placing adverts externally and we have advertised by flyer direct to their ethnic networking group on occasion.

Considering ways to improve the diversity of trained recruitment panel members.

Progress

Achieved

We have improved the diversity mix of recruitment panels for appointment at Senior Civil Servants (SCS), but have had limited success with non SCS posts in the organisation.

Action plan May 2005 – May 2006

Current Civil Service wide recruitment restrictions create a risk of replicating existing diversity profiles within the Commission and other government departments. Our action plan prioritises recruitment, selection and promotion, and taking positive action to address any potential imbalances in the diversity profile of our workforce profile created by the Strategic Review restructure and the need to monitor impact, as set out in the Commission’s workforce strategy. We will continue to use positive action statements in our recruitment advertising to encourage applicants from under represented groups to apply for jobs with us. We will endeavour to place recruitment advertisements in media most likely to reach those under represented groups and use language which is appealing to a diverse mix of potential applicants.

Ongoing work to look at ways of improving the diversity mix of recruitment panel, including using external BME panel members.

Action Plan August 2003 – May 2005

Learning and development

Rolling out mandatory diversity training for all staff.

Progress

Achieved

Mainstreaming mandatory diversity training for all staff not just managers. Employment law updates have been provided for all managers on a voluntary basis during 2002/03.

Providing opportunities for further cultural awareness training about other religions, including Judaism and Christianity.

Progress

Achieved

Giving all staff the opportunity the opportunity to attend half day cultural awareness training covering a wider variety of cultures/ faiths than the first tranch of training. Those covered so far – Islam, Judaism, Hinduism and Sikhism.

Reviewing all diversity leaflets to ensure they reflect current best practice.

Progress

Not achieved

Supporting the work of the Ethnic Minority Forum which will be working in partnership with the Diversity Steering Group.

Progress

Achieved

Working with the EMF on projects such as the review of the RES. An HRD representative is co-opted onto EMF.

At the start of 2004, the EMF established a list of 10 key areas which impacted on BME staff and customers and decided on 3 priority areas on which it should concentrate that year. These were:

  • Staff training and development
  • Using BME staff as a resource for Commission work with BME organisations; and
  • Communications with outside bodies.

Exploring the feasibility of extending the mentoring scheme to include external mentors.

Progress

Achieved

The mentoring and job shadowing schemes are available for all staff, including using external mentors and coaches.

Action plan May 2005 – May 2006

Further updating of the Diversity course is required to better reflect the requirements of RRA.

Full training on RRA for staff to include:-

Incorporating coverage of RRA and diversity issues into training and learning and development activity as appropriate. For example, covering discrimination and general diversity issues in training on Recruitment and Selection, and covering specific work-based diversity issues in technical training for caseworkers. This will form part of our review of all training and development in 2005/06.

Diversity leaflets to be reviewed, along with the training in 2005/06
Ongoing

Ongoing support for the EMF, whose key aims for 2005/6 are:

  • To ensure the continued development and training of ethnic minority staff and of all staff in relation to ethnic minority issues.
  • To seek to improve ethnic minority monitoring within the Commission and review and analyse the results of that monitoring.
  • To identify ways of working with other bodies having similar aims.

Continue to run the mentoring scheme for all staff and by using external mentors we will seek to pair BME staff with senior BME staff who may be inspirational and good role models. We will also explore using the scheme to mentor internal BME applicants prior to sift and interview stages in recruitment campaigns to improve their opportunities for development and promotion.

We will also seek to ensure that BME staff have equal access to training and receive the same amount of training as non BME staff.

Action Plan August 2003 – May 2005

Performance Review

Introducing diversity objectives and performance indicators into the performance plans for all staff.

Progress

Achieved

A diversity objective and performance indicator is mandatory in all performance plans for staff.

Monitoring awards made under our performance bonus system by reference to racial groups.

Progress

Achieved

Monitoring of the performance bonus scheme is undertaken annually.

Action plan May 2005 – May 2006

Audits in 2003/2004 and 2004/2005 have shown that this practice is now embedded, but further support needs to be given to promote best practice for reporting and measuring against the objectives.

Action Plan August 2003 – May 2005

Employment Policies

Updating our guidance on equality and diversity, on disciplinary and grievance procedures and on complaints of harassment as part of the general review of employment policies.

Progress

Achieved

Employment handbook chapters completed and available for all staff and managers on our Intranet. We have also run employment law update training for managers.

Human Resource Advisers are available for each site to advise on sensitive and more complicated cases.

An all staff survey was conducted in 2004, which resulted in an action plan designed to focus on priority issues, which included areas on the diversity agenda. Our Diversity Steering Group will take these forward, HRD will monitor progress.

Action plan May 2005 - May 2006

Action from the most recent Employee & Stress survey to be monitored by HRD.

The Commission has purchased the licence for a stress audit tool. The statistics obtained form the first and subsequent surveys can be used to monitor the relationship between ethnicity and stress issues.
The results from employee & stress surveys are used to inform workforce strategy and planning, along with the work of the internal Diversity Steering Group.

Function: Customer service including complaints procedure and decision review procedure

This report sets out how the Customer Service Function has performed over the last year against the planned actions in the Race Equality Scheme and the key achievements made during this period. It also sets out an action plan for the future.

Executive summary

Customer Service Function has made good progress against its action plan in the first year. It has also undertaken a great deal of work not included in the plan which supports the purpose and aims of the Race Equality Scheme.

Action Plan August 2003 – May 2005

Ensuring that staff operational guidance on our Complaints procedure (OG 93) and Decision Review procedure (OG 94) is revised to ensure consistency with our duties under the RRA Act 2000.

Progress by May 2005

Achieved

A draft of the revised OG 93 is currently being quality reviewed.

OG 94 will be considered in parallel with the Charities Bill Implementation Project’s consideration of the Charity Appeal Tribunal. Both reviews take account of the RRA Act as well as feedback from customers and the Independent Complaints Reviewer.

Action plan May 2005 – May 2006

Revised OG93 to be launched in autumn 2005.

OG94 to be considered in parallel with the Charities Bill Implementation Project’s consideration of the Charity Appeal Tribunal.

Action Plan August 2003 – May 2005

Monitoring outcomes of complaints and decision reviews and making adjustments to Operational Guidance.

Progress

Achieved

Operational guidance has been amended to reflect organisational changes, and a full review is now underway which will include assessing procedures in light of RRA Act.

Action Plan August 2003 – May 2005

To monitor progress and keep up-to-date on issues surrounding the Strategy Unit Report recommending a Charity Tribunal and single stage review process.

Progress

Achieved

All staff are kept up to date on the Charities Bill through CC communications (Board member updates) and functional work analysing comments on the draft Bill.

Action plan May 2005 – May 2006

All staff to ensure that they are aware of developments and how changes affect projects and work.

In development of a single stage review process and Tribunal, race equality issues to be taken into consideration to ensure the accessibility of all procedures.

Action Plan August 2003 – May 2005

Monitoring customer feedback on the complaints and decision review process.

Progress

Achieved

Customer Feedback Manager has revised the complaint and decision review feedback forms have been used from 1st January 2005. The new feedback forms have been designed with input from the Independent Complaints Reviewer’s office.

Action plan May 2005 – May 2006

An assessment of the feedback will be carried out on an ongoing basis.

Standard diversity monitoring forms will be issued with all feedback forms in accordance with the RRA.

Feedback surveys dealing specifically with race equality issues will be undertaken as required by other divisions.

Action Plan August 2003 – May 2005

A project to consider the impact of the closure of Status Division in London on BME organisations, with a view to addressing any negative impact.

Progress

Partially achieved

Stage 2 of the project is now underway. A survey of 750 small charities that have recently been through registration process is being completed to assess how the procedure is working. Status function is also doing work on this and the two strands will inform CC policy development.

Action plan May 2005 – May 2006

Further work is being undertaken in conjunction with Status function.

This involves a wider project of joint work with the BIG Lottery Fund, Lloyds TSB Foundation & VOICE East Midlands working on capacity building in the BME sector through the registration and post – registration process culminating in a two day event planned for autumn 2005.

We will also consider the possibility of doing a similar project with Respect Counselling, a charitable BME group in the North-West.

Action Plan August 2003 – May 2005

Co-ordinate internally and externally on the development work to produce a model governing document for independent churches, many of which have black-majority congregations.

Progress

Partially achieved

This project is well under way and we are now waiting for the consultation group to come back to us with their final draft documents for consideration.

Action plan May 2005 – May 2006

We aim to launch the governing documents by the end of 2005.

We will add useful links to our website, directing churches to organisations and umbrella bodies that can provide assistance and advice on issues outside the Commission’s expertise.

Action Plan August 2003 – May 2005

Further collaborative educational work with independent church umbrella bodies.

Progress

Partially achieved

Preliminary discussions have taken place about the need to provide education to independent churches concerning trusteeship in a church context.

Action plan May 2005 – May 2006

Once the model governing documents are launched we will work with umbrella bodies to focus on education about trusteeship in an independent church context. We aim to commence this work in early 2006.

Action Plan August 2003 – May 2005

Extending the Commission’s work to faith groups. This is a long term project to build relationships with and improve service delivery to different faith groups.

Progress

Partially achieved

The work with independent churches is progressing well. We have now started to plan a project with Islamic organisations. We have already met with the Cohesion and Faith Unit of the Home Office and The Muslim Council of Britain to discuss collaborative working.

Action plan May 2005 – May 2006

Finalise project plan and build a contact list of Islamic organisations to work with and progress issues by September 2005.

Hold consultation events in autumn and winter 2005/2006.

Action Plan August 2003 – May 2005

Ongoing monitoring of feedback of the Commissions services, policies and procedures.

Progress

Partially achieved

In the last 12 months feedback has been collected and reports issued on areas including: Visitors to the Public Register, Review Visits, Publications, E-Business, and the Small Charities Unit.

Action plan May 2005 – May 2006

Monitoring of Commission services will continue on a rolling programme and the Customer Service Group will assess results. CSG will also consider how to use and what action to take in relation to BME surveys collected over the last 12 months.

Action Plan August 2003 – May 2005

Customer Service Managers have a duty to assist customers experiencing difficulties in making a request for a Decision Review or making a complaint.

Progress

Partially achieved

The CSMs are all aware of the language line and translation service, however further training is required.

CSMs deal with a complaint verbally if a customer has difficulties writing for example due to a disability.

Action plan May 2005 – May 2006

Further training to be undertaken by CSMs on the language line and translation service.

Further research is required to assess the low level of use of the translation service. We will consider discussing the issue of low level of use of the translation service with the Customer Network or through the VOICE project to assess experience and practice amongst the sector.

Action Plan August 2003 – May 2005

Working with the Publication and Guidance Unit to encourage uptake of publications available in languages other than English

Progress

Partially achieved

A survey was undertaken to assess the quality of CC publications. Results were positive, but clear information about the use of publications in different languages was not determined.

Action plan May 2005 – May 2006

We will consider the possibility of further work using the Customer Network to discuss language needs, whether more publications should be translated and why take-up rates of translated documents are low. This will be considered jointly with PGU.

Action Plan August 2003 – May 2005

Customer Focus Project - co-ordinates several pieces of work to take forward Commission customer focus issues. The steer comes from the Customer Service Group (CSG).

Progress

The project co-ordinates 4 main customer focus projects including the Customer Network, Ombudsman Blueprint, Complaints OG and Decision Review OG. All projects have progressed significantly and are close to completion.

Action Plan August 2003 – May 2005

Developing a Blueprint for a Charities Ombudsman to develop a structure of how an Ombudsman could work and to move the debate forward.

Progress

Research has taken place and contacts made. The blueprint has been drafted and submitted to the Executive Group.

Action plan May 2005 – May 2006

We will ensure that a wide variety of sector representatives, including BME groups, are consulted on the proposals and that their views are taken into account.

Action Plan August 2003 – May 2005

Taking steps to establish a Customer Network within the sector to inform wider consultation.

Progress

Achieved

The Customer Network has been launched with 64 organisations from across the sector. We have specifically targeted Asian, Afro-Caribbean; Muslim, Hindu and Jewish organisations. This is to ensure that groups which in the past we have found it difficult to reach are represented on the Network and are able to inform policy development.

Action plan May 2005 – May 2006

We will ensure continued good representation on the Network of BME organisations and evaluate participation levels to determine what level of involvement they have had.

Action Plan August 2003 – May 2005

Monitoring of verbal complaints and compliments.

Progress

Achieved

A new telememo has been agreed which we hope will increase the return rate and ensure greater capture of all complaints and compliments.

Action plan May 2005 – May 2006

We will continue to encourage the use of the new telememo forms to capture the views of people who may otherwise be reluctant or unable to put complaints in writing, for example due to language difficulties.

Action Plan August 2003 – May 2005

Consideration to be given to customer service delivery in the Welsh office.

Progress

Achieved

The Taunton CSM has recruited a Deputy CSM for the Welsh office.

Action plan May 2005 – May 2006

We will continue to support a Deputy Customer Service Manager in Wales with a direct link to a Customer Service Manager in Taunton to enable provision of an equal standard of customer service to charities in Wales.

Action Plan August 2003 – May 2005

Provide a customer service focus to diversity issues affecting the Commission.

Progress

A Policy Development officer attends the Diversity Steering Group to give a customer service focus to the issues raised.

Action plan May 2005 – May 2006

Continued attendance at DSG.

Action plan May 2005 – May 2006

We will monitor complaints cases involving accusations of racial discrimination and make recommendations where necessary to the rest of the business.

46. Function: Contact Centre

Background:

The Contact Centre based at the Liverpool office, handles about a quarter of a million inbound calls from customers each year. Callers are greeted with a standard message that advises them that advice from the Contact Centre is of a general nature. Over 90% of all calls are answered by staff within 30 seconds of that message. The Contact Centre also acts as the receipt point for all general email enquiries received from customers and for external correspondence that cannot easily be identified to a specific work area. The Contact Centre resolves 60% of such email and correspondence – the remaining 40% is referred to specialist areas for action.

Executive summary

The Contact Centre, as a relatively new function has made good progress against its RES Action Plan.

Action Plan August 2003 – May 2005

Advice given via the Contact Centre is free from bias or discrimination.

Progress

Achieved

Staff who provide accountancy advice via the Contact Centre have received diversity training and guidance on clear and effective communication.

Contact Centre staff ensure customers are aware of publications available in ethnic minority languages.

Visits have been made to NCVO Contact Centre by Contact Centre managers in a benchmarking exercise where diversity issues were considered. Similarly by our involvement in a forum for Contact Centre managers we seek to learn lessons re diversity from throughout the industry.

Action plan May 2005 – May 2006

We will act on the results of future customer feedback surveys to determine effectiveness of this advice.

Annex A - Legislation

Race Relations Act 1976 as amended by section 2 of the Race Relations (Amendment) Act 2000 – key excerpt

71 Specified authorities: general statutory duty

1) Every body or other person specified in Schedule 1A or of a description falling within that Schedule shall, in carrying out its functions, have due regard to the need –

a) to eliminate unlawful racial discrimination; and
b) to promote equality of opportunity and good relations between persons of different racial groups.

2) The Secretary of State may by order impose, on such persons falling within Schedule 1A as he considers appropriate, such duties as he considers appropriate for the purpose of ensuring the better performance by those persons of their duties under subsection 1).

SI 2001 No. 3458 Race Relations – The Race Relations Act 1976 (Statutory Duties) Order 2001

The Secretary of State, in exercise of the powers conferred upon him by section 71 (2) and (3) of the Race Relations Act 1976, after consultation with the National Assembly for Wales and with the consent of the Assembly, and after consultation with the Commission for Racial Equality, hereby makes the following Order:

Citation, commencement and interpretation

1. – (1) This Order may be cited as the Race Relations Act 1976 (Statutory Duties) Order 2001 and shall come into force on 3 December 2001.

(2) In this Order –

“the Race Relations Act” means the Race Relations Act 1976;

“staff” includes any person treated as an employee for the purposes of Part II of the Race Relations Act (Discrimination in the Employment Field); and references to “150 full-time staff” are references to such number of staff as would, if the hours they work were aggregated, amount to 150 staff working on a full-time basis.

Race equality schemes

2. – (1) A body or other person specified in Schedule 1 to this Order shall, before 31st May 2002, publish a Race Equality Scheme, that is a scheme showing how it intends to fulfil its duties under section 71(1) of the Race Relations Act and this Order.

(2) A Race Equality Scheme shall state, in particular –

a) those of its functions and policies, or proposed policies, which that person has assessed as relevant to its performance of the duty imposed by section 71(1) of the Race Relations Act; and
b) that person’s arrangements for -

(i) assessing and consulting on the likely impact of its proposed policies on the promotion of race equality;
(ii) monitoring its policies for any adverse impact on the promotion of race equality;
(iii) publishing the results of such assessments and consultation as are mentioned in sub-paragraph (i) and of such monitoring as is mentioned in sub-paragraph (ii);
(iv) ensuring public access to information and services which it provides; and
(v) training staff in connection with the duties imposed by section 71(1) of the Race Relations Act and this Order.

(3) Such a person shall, within a period of three years from 31st May 2002, and within each further period of three years, review the assessment referred to in paragraph (2) (a).

Monitoring by employers

5. – (1) A person to which this article applies shall -

(a) before 31st May 2002, have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (2); and
(b) fulfil those duties in accordance with such arrangements.

(2) It shall be the duty of such a person to monitor, by reference to the racial groups to which they belong,

(a) the numbers of -

(i) staff in post, and
(ii) applicants for employment, training and promotion, from each such group, and

(b) where that person has 150 or more full-time staff, the numbers of staff from each such group who -

(i) receive training;
(ii) benefit or suffer detriment as a result of its performance assessment procedures;
(iii) are involved in grievance procedures;
(iv) are the subject of disciplinary procedures; or
(v) cease employment with that person.

(3) Such a person shall publish annually the results of its monitoring under paragraph (2).

(4) Subject to paragraph (5), this article applies to a body or other person specified in Schedule 1A to the Race Relations Act.

(5) This article does not apply to -

(a) a body specified in Part I, II or III of Schedule 2;
(b) a person specified in Schedule 3;
(c) a Scottish public authority with mixed functions or no reserved functions, as referred to in section L.2 of Part II of Schedule 5 to the Scotland Act 1998; or
(d) a cross-border public authority in relation to the exercise of its Scottish functions within the meaning given by that section

(6) In paragraph (5) the reference to a “cross-border public authority” is a reference to such an authority within the meaning given by section 88(5) of the Scotland Act 1998.