Scottish Government

4. Guidance

The Guidance has been structured around six themes:

Theme One: Leadership

Theme Two: Policy and planning

Theme Three: Service delivery

Theme Four: Consultation and communication

Theme Five: Employment

Theme Six: Training

Legislating for equality is a reserved matter for the UK Parliament but the encouragement of equal opportunities is devolved to the Scottish Parliament and the Scottish Parliament has adopted the promotion of equal opportunities for all as one of its four key principles. The Scottish Parliament has devolved powers to require public authorities to conduct their functions with due regard to meeting the requirements of the Westminster equal opportunities legislation.

The Scotland Act 1998 defines equal opportunities in terms of the prevention or elimination of discrimination between persons on grounds of sex or marital status, on racial grounds or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes including beliefs or opinions such as religious beliefs or political opinions. This definition is wider than in other UK legislation and, together with the devolution of the power to encourage equal opportunities has created a situation where the Scottish Parliament can direct other bodies to take positive actions to implement equal opportunities as part of legislation which it enacts through its devolved powers, for example, in local government, health, housing and the regulation of care.

It is proposed that a UK wide Commission for Equality and Human Rights ( CEHR) will be established. The Scottish Executive is committed to legislating to establish a Scottish Human Rights Commission. In Scotland the CEHR is expected to deal with human rights as they relate to reserved matters, while human rights as they relate to devolved matters will be dealt with by the Scottish Human Rights Commission. Both Commissions are expected to start operating in 2007, and will have a key role in supporting and monitoring the equality and human rights performance of councils in Scotland.

Theme One - Leadership

1.1 Councils are frequently expected to take a leadership role in their communities and they are often successful in doing this. In relation to the development of equalities strategies, councils have been explicit in their support and actions for certain parts of the equality agenda, but the general approach to supporting and promoting LGBT equality has been much slower to develop.

1.2 LGBT issues can be challenging and present real tests of leadership, as the prejudices which LGBT people face are deep rooted. By taking the lead in their communities, councils can confront the prejudices which still result in many LGBT people choosing not to disclose their sexual orientation or gender identity.

1.3 Councillors can give leadership to their communities and to their councils and senior officers can also play a key leadership role by making sure that their council provides equality of services to LGBT people and promotes equality of opportunity in its employment policies and practices.

What councils can do to provide effective leadership?

1.4 A council can be an effective leader and challenge prejudice against LGBT people when:

• Specific reference is made to LGBT people in corporate equality polices
• A councillor has responsibility for promoting the equality policy
• The council administration supports action on LGBT issues
• Equality targets for LGBT people are set and monitored by a council committee
• The corporate or senior management team of the council monitors equality performance
• The council uses positive images of LGBT people in its publications
• Directors of services implement actions to support corporate LGBT policies
• Councils lead by example when working with other partners.

Theme Two - Policy and Planning

2.1 There is no accurate information about the number of LGBT people in each council area. Estimates vary between 4% and 10% of the population. LGBT people may not always be visible or vocal, but they form a significant minority group in every council area in Scotland.

2.2 A number of councils have developed methods for involving LGBT organisations in policy development and service planning, such as regular consultation with LGBT groups or establishing of forum which is linked to the council's strategic planning process. This provides a way of engaging LGBT organisations in the council's process of policy development and can also be used to make a link with individual services when they are reviewing their approach to LGBT equalities.

2.3 Increasingly, community planning partnerships are bringing together public sector agencies and community representatives to agree shared policies and joint service planning and they should incorporate equalities issues (and more specifically, LGBT issues) into their structures.

What councils can do to develop better policy and planning in relation to LGBT people?

2.4 In relation to policy and planning, councils can:

• Improve their understanding of the needs of the LGBT community in their area, working with community planning partners where this is relevant
• Engage with local (or, as appropriate, regional or national) LGBT organisations in the development and review of council policies and assess the needs of LGBT people
• Identify ways in which the council can provide capacity building support to LGBT groups
• Ensure that corporate equality and LGBT policies have a tangible link to departmental or local delivery plans and that this is reviewed
• Have a process in place to review the impact of the council's policies on LGBT people, for example by the use of policy impact monitoring
• The council's corporate management team should monitor equality progress and report to committee (or another public forum at which councillors are present) on a regular basis.
• Provide information on LGBT equality targets and actions in public performance reporting.

Theme 3 - Service Delivery

3.1 LGBT people expect their council to provide services, support and advice equally, not differently. Councils must make certain that services are delivered equitably and to the best of their ability. Councils must make certain that employees do not exhibit prejudice when providing services to LGBT people.

3.2 Service or development plans for each service should reflect issues relating to sexual orientation and gender identity. The nature of the service should determine the extent of the consideration given to LGBT issues. Do not simply assume that having a general equality statement which covers your service is sufficient. LGBT people are entitled to the best services you can provide and, if you do not have an understanding of what this means, neither the management nor employees working in a service will be aware of the issues which may need to be addressed.

3.3 Departmental management teams should review how they have implemented corporate equality policies and provide positive leadership as this is a tangible way to challenge prejudice and ensure that services are provided equitably.

3.4 The need to demonstrate that services are performing effectively increases the value of implementing a positive approach to equality and having a clear statement on LGBT issues. LGBT people may be less likely to choose to use a service which fails to promote inclusiveness. Poor equality performance has a cost in terms of complaints, lost time, lost income and a failure to include all of the community.

What councils can do to improve their service delivery?

3.5 In relation to service provision, councils can:

• Build sexual orientation and gender identity into service reviews
• Have a clear system in place to deal with complaints or dissatisfaction with service delivery and make sure that LGBT people in the area are aware of the system
• Develop service related action plans for LGBT people
• Challenge discrimination and prejudice
• Use LGBT forums or local groups to get feedback on services
• Identify how services can link more effectively with LGBT groups who provide support or information which could be used by council employees
• Recognise good practice and implement this across services
• Recognise the business and performance benefits of an effective approach to implementing equality for LGBT people.

Theme 4 - Communication and Consultation

4.1 Many LGBT people may choose not to reveal their sexual orientation or gender identity and councils should respect their privacy. While this makes consultation difficult, councils can still adapt their techniques to encourage participation. Consultation with every group in the community is not required for every service or policy but, as LGBT people make up between 4% and 10% of the population, identifying and understanding their needs is very relevant for councils.

4.2 Councils are also expected to consult widely with service users as part of best value reviews and LGBT people should be encouraged to participate in this process. Taking time to listen to LGBT people should be a starting point for councils when improving services and mainstreaming equalities policies.

4.3 LGBT people are liable to be more willing to communicate with councils who have promoted positive LGBT policies and taken a clear stand against discrimination.

4.4 Councils should also be prepared to communicate equalities policies to their workforce and to use team meetings and council communications such as employee newsletters and notice boards to reinforce the need to support diversity and remove prejudice.

What can councils do to improve their communication and consultation?

4.5 In relation to communications and consultation, councils can:

• Communicate their specific LGBT policies through leaflets, posters, council web sites and by challenging prejudice when it is identified in the wider community
• Promote a positive approach to employing LGBT people as part of the council's recruitment process
• Establish effective methods of consulting with LGBT organisations and individuals in its area
• Consider ways in which to support the capacity of LGBT groups in its area to improve consultation.

Theme 5 - Employment

5.1 Councils must by law operate fully inclusive employment procedures. Promoting LGBT positive employment policies should be considered as one of the ways to encourage the fullest and best qualified range of job applicants.

5.2 Individuals have a right to privacy in relation to their sexual orientation. One council has conducted monitoring of the sexual orientation of its workforce. This provides baseline information in the same way as the collection of data about disability, gender or ethnicity. If your council decides to carry out sexual orientation monitoring of job applicants or the workforce, it needs to be very clear about why it is being done and communicate this effectively, particularly to employees. The protocols which are currently in place to safeguard against the improper use of applicant equal opportunity information will provide the same safeguards for information about sexual orientation. If the workforce is being asked to provide this information and it is being linked to their employment records (in other words, it is not being collected anonymously), a very robust and effective secure data management protocol needs to be in place and enforced.

5.3 Sex Discrimination (Gender Reassignment) Regulations and the Employment Equality (Sexual Orientation) Regulations apply to councils and failure to implement fair employment practices can result in an Employment Tribunal.

What can councils do to provide equality in employment?

5.4 In relation to employment, councils can:

• Positively promote inclusive employment policies for LGBT people
• Consider the most effective ways of supporting and developing LGBT staff
• Consider developing a process to monitor the sexual orientation of job applicants and employees
• Have in place clear procedures for dealing with bullying in the workplace on the basis of sexual orientation or gender identity
• Display equality information in job advertisements and refer to these policies in application packs
• Include clear guidance on the council's position in relation to discriminatory and abusive language and homophobic and transphobic behaviour in disciplinary and grievance procedures.

Theme 6 - Training

6.1 The time and resources available for all training in councils is limited. There is increasing pressure to keep employees at their workstations and councillors have considerable pressure on their time. Councils should use their induction process to inform new employees of the commitment which exists to equalities. There is not usually time to cover equalities policies in any detail but as a minimum, the induction training should clearly define the council's position in relation to discriminatory or abusive language, homophobia and transphobia.

6.2 The key issues for councils to address when developing their framework for LGBT training are, firstly, to recognise the benefits of providing clear information to counter prejudices and, secondly, to highlight the experiences which demonstrate the damage which prejudice and homophobia or transphobia can cause to individuals. Councillors have little time for classroom training formats but they have been receptive to short presentations given either by representatives of LGBT groups or by an officer with experience of LGBT issues.

6.3 Councils should target front line employees and conduct training which raises their awareness of LGBT issues. This should include training which raises awareness of terminology and language.

6.4 Officers who are involved in recruitment should also be provided with clear guidance on LGBT and equality issues.

What can councils do to deliver better training in LGBT issues?

6.5 Effective and targeted training can challenge prejudices and change attitudes. Training should include a focus on the need to provide knowledge and evidence to challenge prejudice as well as supporting the delivery of equality in service provision. It should:

• Include a clear statement on what the council's equality policy is during induction training
• Recognise that effective equality training will be needed after the induction session
• Be specific about LGBT issues in any equality training
• Support front line employees with training that raises their awareness of LGBT issues
• Consider using LGBT groups and organisations to review the training package being used
• Consider involving LGBT groups in presentations during training sessions
• Ensure that when LGBT organisations support council training, they are paid appropriately for this
• Provide access to further information for trainees and make support available
• Include councillors in awareness raising sessions but avoid long 'classroom' style sessions
• Consider on site training using the internet or other techniques to reduce costs and increase participation
• Monitor the effectiveness of any training and consider testing the benefits.