1.1 Bluebird Care Isle of Wight will treat all individuals and colleagues with respect for their human and civil rights so that they feel valued and supported.  Bluebird Care Isle of Wight will not tolerate any form of discrimination and will actively promote positive working relationships.

2.1 This policy applies to all colleagues of Bluebird Care Isle of Wight and to third parties with whom Bluebird Care Isle of Wight has contractual obligations.

3.1 Bluebird Care Isle of Wight is committed to giving individuals choice and control over their care and support. This policy on ‘Equality, diversity and human rights’ helps Bluebird Care Isle of Wight to achieve this. It aims to make sure that individuals are treated fairly and with respect to their diversity; that Bluebird Care Isle of Wight prevent discrimination, harassment, or victimisation of its colleagues or individuals, and have a workforce that is representative of all sections of society where each colleague feels respected and can give their best.

3.2 This policy also enables Bluebird Care Isle of Wight to comply with its statutory responsibilities under the Equality Act 2010.

4.1 Introduction

4.1.1 Bluebird Care Isle of Wight is fully committed to the principles and values of equality, diversity, social inclusion and protection of human rights. We aim through this policy to communicate this commitment to everyone who uses our service and who help us to deliver it. 

4.1.2 The policy should always be referred to wherever there are differences of views based on lack of understanding or prejudice about diversity, equality and human rights. 

 4.1.3 Bluebird Care Isle of Wight shows its commitment to equality, diversity and protection of human rights in its statement of purpose and all information produced for the customers who use its services. This enables us to provide responsive services to meet customer’s diverse needs for care and support.

4.1.4 We demonstrate the same commitment to equality, diversity and protection of human rights in our  recruitment, deployment and human resources policies.

4.1.5 Bluebird Care Isle of Wight an equal opportunities employer. We are committed to equality of opportunity and to providing a service and following practices which are free from unfair and unlawful discrimination. The aim of this policy is to ensure that no person receives less favourable treatment on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex, or sexual orientation, or is disadvantaged by conditions or requirements which cannot be shown to be relevant to performance. It seeks also to ensure that no person is victimised or subjected to any form of bullying or harassment.

4.2 Definitions of Equality, Inclusion and Diversity

4.2.1 The terms equality, inclusion, diversity, and equity are at the heart of this policy.  

• Equality: means ensuring that everyone has the same opportunities to fulfill their potential free from discrimination. 
• Inclusion: means ensuring everyone feels comfortable to be themselves at work and feels the worth of their contribution. 
• Diversity: means the celebration of individual differences amongst the workforce. We will actively support diversity and inclusion and ensure that all our staff are valued and treated with dignity and respect. We want to encourage everyone in our business to reach their potential.

4.2.2 Bluebird Care Isle of Wight will actively support diversity, equality and inclusion and ensure that our workforce is valued and treated with dignity and respect.  We want to encourage everyone in our business to reach their potential.

4.2.3 We value people as individuals with diverse opinions, cultures, lifestyles, and circumstances. All job applicants are covered by this policy, and it applies to all areas of employment including recruitment, selection, training, career development, and promotion. These areas are monitored, and policies and practices are amended if necessary to ensure that no unfair or unlawful discrimination, intentional, unintentional, direct, or indirect, overt, or latent exists.

4.2.4 Equality of opportunity, valuing diversity and compliance with the law is to the benefit of all individuals in our company as it seeks to develop the skills and abilities of its people. While specific responsibility for eliminating discrimination and providing equal opportunity lies with all managers and supervisors, individuals at all levels have a responsibility to treat others with respect and dignity. The personal commitment of every member of staff to this policy and application of its principles are essential to eliminate discrimination and provide equality throughout the company.

4.3 Discrimination  

4.3.1 Bluebird Care Isle of Wight will not unlawfully discriminate against or harass other people including current and former staff, job applicants, clients, customers, suppliers, and visitors. This applies in the workplace, outside the workplace (when dealing with customers, suppliers, or other work-related contacts or when wearing a work uniform), and on work-related trips or events including social events.

4.3.2 The following forms of discrimination are prohibited under this policy and are unlawful:

• Direct Discrimination: treating someone less favourably because of a Protected Characteristic. For example, rejecting a job applicant because of their religious views or because of their sexual orientation.
• Indirect Discrimination: a provision, criterion or practice that applies to everyone   but adversely affects people with a particular Protected Characteristic more than others and is not justified. For example, requiring a job to be done full-time rather than part-time would adversely affect women because they generally have greater childcare commitments than men. Such a requirement would be discriminatory unless it can be justified.
• Harassment: this includes sexual harassment and other unwanted conduct related to a Protected Characteristic, which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for them. Harassment is dealt with further in our Anti-harassment and Bullying Policy.
• Victimisation: retaliation against someone who has complained or has supported someone else’s complaint about discrimination or harassment.
• Disability Discrimination: this includes direct and indirect discrimination, any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.

4.4 Policy Statement

4.4.1 Our commitment to equality, diversity and human rights guarantees that colleagues and everyone receiving a service from us will have their needs comprehensively addressed and they will be treated without discrimination. This is regardless of an individual’s ethnic background, language, culture, faith, gender, age, sexual orientation or any other aspect that could result in their being socially stigmatised and discriminated against purely because they have such characteristics; or who could be vulnerable to acts of hate crime as a result.

4.4.2 We follow the same principles when assessing and meeting the needs of customers who lack decision making capacity by treating them with respect, developing person-centred care and treatment and by following all mental capacity act best interests’ assessment and decision-making procedures. 

4.4.3 In implementing its equality, diversity and human rights policy, Bluebird Care Isle of Wight does not accept that there can be any hierarchy of protected characteristics, but aims to celebrate all individual differences, regardless of being caused by ethnic backgrounds, religion, sexual or gender diversity.

4.4.4 Bluebird Care «Franchise» will treat everyone equally. It recognises that treating customers unequally can result in their losing their dignity, respect, self-esteem and self-worth and ability to make choices, and is in breach of their human rights.

4.4.5 Bluebird Care Isle of Wight does not assume that equality, diversity and inclusion principles and policies apply only to staff treatment of customers using Bluebird Care Isle of Wight. Customers using our service must also respect the ethnicity, culture, religion, gender and any disabilities of staff and not discriminate against them on any of these grounds when expressing their views and preferences.

4.4.6 We make clear that any form of racist and similar discriminatory behaviour from any source is always unacceptable. 

4.4.7 Bluebird Care «Franchise» takes the same approach in our external contractual relationships.

4.5 Legal Compliance

4.5.1 Bluebird Care Isle of Wight fully understands its legal responsibilities under the Equality Act 2010 and the Social Care Act 2008 (Regulated Activities) Regulations 2014 which underpin commitment to equality, diversity and protection of human rights. 

4.5.2 We refer in particular to the following.

• Regulation 9: Person-centred Care — requires service providers to ensure that the care and treatment of customers using services must be appropriate, must meet their needs, and must reflect their preferences.
• Regulation 10: Dignity and Respect — requires that customers using services must always be treated with dignity and respect, including respect for personal preferences, lifestyle choices, diversity and culture.
• Regulation 14: Meeting Nutritional and Hydration Needs — requires service providers (where involved in the provision of food and drink) to ensure that the nutritional and hydration needs of the customers using services are met, including the meeting of any reasonable requirements of a person for food and hydration arising from the person’s preferences or their religious or cultural background.
• Regulation 15: Premises and Equipment — requires that customers using services can easily access a care service’s premises and use its equipment safely and effectively, and where they cannot because of their disabilities, reasonable adjustments are made in line with the Equality Act 2010 and other relevant legislation and guidance.

4.5.3 Our commitment to equality, diversity, and human rights runs through everything that this care service stands for and practices.  Bluebird Care Isle of Wight will always have evidence of “good” or “outstanding” practice in relation to the Care Quality Commission quality statements that reflect equality issues, particularly the following.

4.5.4 Caring

• Treating customers as individuals.

4.5.5 Responsive

• Care provision, integration, and continuity.
• Equity in access.
• Equity in experiences and outcomes.

4.5.6 Well-led

• Shared direction and culture.
• Workforce equality, diversity and inclusion.

4.5.7 Bluebird Care «Franchise» will protect everyone from bullying, harassment, avoidable harm and abuse that may breach their human rights, including that which is associated with a person’s race and ethnicity, culture and religion, sexual orientation and preferred gender, physical and neurological disabilities and sensory impairments.

4.6 Accessible Information Standard

4.6.1 Bluebird Care «Franchise» recognises its legal and ethical duties relating to effective communication and the provision of information which includes the following.

• A duty under s.250 of the Health and Social Care Act 2012 which requires all organisations that provide NHS services or publicly funded adult social care to follow the Accessible Information Standard.
• A duty under the Equality Act 2010 to eliminate discrimination and make reasonable adjustments for disabled people, such as those with hearing or visual impairments, including taking steps to put information into accessible formats if a disabled person is at a substantial disadvantage if this is not done.

4.6.2 To comply with the above requirements, Bluebird Care «Franchise» has adopted the following policy.

1. Bluebird Care «Franchise» will implement the NHS Accessible Information Standard to achieve excellent levels of support for customers with defined communication needs, and to help their relatives and carers to address communication issues.

2. Customers have the right to be communicated with and receive sufficient information about their care and treatment so that they make a balanced judgment whether or not to give their consent.

3. The information and communication needs of customers will be identified as part of their initial needs assessment and kept under review —this should include any sensory problems affecting a person’s hearing or sight.

4. It is likely that prospective service communication needs will already have been identified by other health and care agencies involved but we will always check that these needs have been accurately assessed and addressed so that we can communicate effectively with the person about their care needs and deliver the appropriate care. (See step 1 of the Accessible Information Standard.)

5. We will clearly record the relevant information in Bluebird Care Isle of Wight customer’s records in line with step 2 of the Accessible Information Standard so that everyone involved in the customer's care and support will know how to communicate effectively with that person.

6. Bluebird Care will discuss with Bluebird Care user as part of the care planning process (and, if necessary, in consultation with other professionals and agencies) what adjustments and interventions are needed to improve communication with that person.

7. Agreed methods of communication and interventions will be recorded in the person’s care plan in a prominent and consistent way so that all care staff know exactly what has been agreed to meet the needs of customers, their relatives and carers. (See step 3 of the Accessible Information Standard.)

8. Where a customer is transferred to another service, or receives care from another service, we will, with the customer's consent, share information that we are requested to provide about their communication and information needs (along with other information sharing) with the receiving service. (See step 4 of the Accessible Information Standard.)

9. Where it is suspected that a customer does not have the mental capacity to communicate, or in any other way has no ability to communicate, then the provisions of the Mental Capacity Act 2005 will be implemented and best interests’ decisions made, with the involvement of people close to the customer, such as relatives, carers or advocates.

10. All reasonable adjustments will be made to meet the communication needs of people with sensory difficulties, including people with visual and hearing difficulties.

11. Where required and appropriate to the role of Bluebird Care Isle of Wight, we will provide or facilitate the sourcing and provision of resources and assistive technology such as braille books and magazines, large print/easy read copies of literature, British Sign Language interpreters for deaf people, braille or talking telephones and mobile phones, hearing aids, text phones, loop hearing systems, etc.

12. For any customer, family member or carer who might require it, advocacy will be provided or sought to help meet their communication and information needs.

13. All colleagues are responsible for helping to deliver this policy by communicating in a way that is accessible to every customer. (Points 9–13 all reflect step 5 

4.6.2 The proper application of technology is an important driver for promoting equality and inclusion. Where practically possible, Bluebird Care Isle of Wight will apply adaptive software and devices, often known as assistive technologies, to break down barriers, providing equitable opportunities for everyone.

4.7 Commitment to Equality, Diversity and Inclusion

4.6.1 Bluebird Care Isle of Wight expresses its commitment to equality, diversity and inclusion by:

• respecting customers’ and ethnic, cultural, social and religious needs and practices, and clearly recording these in the customers care and support plans
• reassuring its customers that their diverse backgrounds enhance the quality of experience of Bluebird Care Isle of Wight,
• accepting customers as individuals, not as cases or stereotypes,
• involving customers to express their individuality and to follow their preferred lifestyle, also helping them to celebrate events, anniversaries or festivals which are important to them as individuals,
• showing positive leadership and having management and human resources practices that actively demonstrate a commitment to equality and diversity principles,
• developing an ethos throughout Bluebird Care Isle of Wight that reflects these values and principles,
• expecting all staff to work to equality and diversity principles and policies and to behave at all times in non-discriminatory ways,
• providing training, supervision and support to enable staff to take these needs into account in the way they deliver the services
• having a code of conduct that makes any form of discriminatory behaviour unacceptable; this is applicable to both staff and customers and is rigorously observed and monitored accordingly,
• carrying out and recording regular assessments of the impact of our approach to equality, diversity and inclusion on policies, customers and service provision generally.

5.1 Our Approach to Equality, Diversity and Human Rights

5.1.1 Bluebird Care Isle of Wight will:

• never refuse anyone requiring its care and support on discriminatory grounds, eg because of their ethnicity, sexual orientation, religion and other relevant protective characteristics as described by the Equality Act 2010 and human rights laws when they meet all other admission criteria
• provide inferior or substandard services because of a person’s ethnicity, sexual orientation or any grounds on which discrimination can occur
• always assess if we need to make additional “reasonable adjustments” in line with the Equality Act 2010 for any person receiving care who has protected characteristics in addition to their other assessed care and support needs
• always address a person’s communication needs which arise through their sensory, cognitive, neurological and other impairments; and acting in line with our separate policy on achieving the Accessible Information Standard
• act decisively if anyone receiving our services experiences offensive or abusive treatment directed against their ethnicity, religion or sexual orientation, whether gay, lesbian, bisexual, transgender or preferred gender
• work out with each person using our service what they want and need, and how they will be provided with the required service; this will be influenced by the person’s gender, sexual orientation, culture, personal choices and other characteristics, and it should not be assumed everyone wants the same thing
• encourage customers receiving our care and staff to relate to one another on the basis of equality and respect for individual differences and chosen lifestyle; including anyone who defines themselves in terms of the LGBTQ+ spectrum
• develop an attitude of self-awareness among the staff and customers using Bluebird Care Isle of Wight to report, challenge or complain about any form of discriminatory behaviour, which they might experience; including offensive or abusive language directed against a person’s disability, ethnicity, preferred gender, sexual orientation or religion
• make customers using our service and staff continuously aware of the procedures for dealing with complaints and allegations of discriminatory or oppressive language or behaviour, which includes our safeguarding policies
• address promptly and properly all reports, complaints, allegations and incidents of abuse that breach our approach to equality, diversity and protection of human rights
• develop non-discriminatory recording practices that reflect and are consistent with equality principles through the careful use of language and terms, in which staff will be trained and expected to use.

5.2 How We Practice Equality and Diversity and Protect Human Rights 

5.2.1 Bluebird Care Isle of Wight expresses its commitment to equality, diversity and inclusion by:

• respecting customers’s ethnic, cultural, religious practices and individual sexual identities and reassuring the customers who use its services that their diverse backgrounds and individual preferences enhance the quality of experience of Bluebird Care Isle of Wight
• accepting customers who use their services as individuals, not as cases or stereotypes, and making reasonable adjustments which if we did not make would result in their being treated unequally and unfairly; including the use of communication and digital aides and equipment 
• ·adapting and using equipment and devices that customers can competently use and are always accessible to them when they need them 
• involving customers who use Bluebird Care «Franchise» to express their individuality and to follow their preferred lifestyle irrespective of any LGBTQ+ status, also helping them to celebrate events, anniversaries or festivals which are important to them as individuals and in relation to their sexual orientation or gender identity
• only sharing sensitive information with third parties with a person’s consent and with regards to our policy on confidentiality, line with data protection requirements 
• showing positive leadership and having management and human resources practices that actively demonstrate a commitment to equality, diversity and the protection of human rights
• developing an ethos throughout  Bluebird Care «Franchise» that reflects these values and principles and expecting all staff to work to equality, diversity and human rights principles and policies and to behave at all times in non-discriminatory ways
• having a code of conduct that makes any form of discriminatory behaviour unacceptable; which applies to staff and customers receiving care; this is rigorously observed and monitored accordingly
• providing training, supervision and support to enable staff to carry out care in line with our expectations on equality, diversity and human rights 
• addressing rigorously and fully in line with Bluebird Care Isle of Wight’s complaints procedure, any complaint which a person using  Bluebird Care «Franchise» or someone acting on their behalf might make about the behaviour of another or others that is causing them offence because it potentially breaches  Bluebird Care «Franchise»’s policy on equality, diversity and human rights
• addressing any acts of abuse or hate crime towards an individual because of their ethnicity, religion or LGBTQ+ spectrum characteristics through Bluebird Care Isle of Wight’s safeguarding policy and procedures, involving and co-operating with the local safeguarding authority as required
• encouraging customers who are vulnerable or at risk from experiencing abuse because of their ethnicity, religion, gender, sexual orientation and LGBTQ+ spectrum identities to obtain support through local or national support groups and organisations and advocacy schemes
• carrying out regular assessments of the impact of our approach and policies on equality, diversity and human rights on customers who use Bluebird Care «Franchise» and our service provision generally.

6.1 All colleagues will receive training on Equality, Diversity, and Human Rights during their initial induction. This training must demonstrate the colleague has a sound understanding of the principles of the topic. Bluebird Care «Franchise» recognise that as best practice this topic should be refreshed every three years.

7.1 This policy will be reviewed on a minimal 2 yearly basis, or as and when required. 

8.1 The following are applicable legislation, regulation, and relevant documentation applicable to this policy:

•  SD52(1) Equality Act 2010 Information 
•  SD52(2) Equality & Diversity Impact Assessment
•  SD52(3) FREDA Human Rights Assessment
•  SD52(4) Equal Opportunities Monitoring
• Human Rights Act 1998
• Equality Act 2010
• Disciplinary Policy BBCE51
• Bullying and Harassment Policy BBCE34
• Grievance Policy BBCE53
• Health and Social Care Act 2008 (Regulated Activity) Regulations 2014

Care Quality Commission

Key Questions, Quality Statements and I Statements

• Skills for Care Equality and Diversity Learning and Development Guide(link is external)
• Relationshipshttps://www.ihrec.ie/guides-and-tools/human-rights-and-equality-in-the-provision-of-good-and-services/what-does-the-law-say/equal-status-acts/ and sexuality in adult social care services- CQC guidance(link is external)
• Equal Status Acts (Republic of Ireland)(link is external)