North Wales Assembly Member Mark Isherwood has called on the Welsh Government to take action to address delivery failings within Local Authorities of the Equality Act and the Social Services and Well-being (Wales) Act.
Mr Isherwood is concerned that Councils across Wales are not understanding and implementing the Codes of Practice under the Social Services and Well-being (Wales) Act, and in the Assembly this week asked the Counsel General, Jeremy Miles AM, what action he is taking to address this.
He said:
“The Social Services and Well-being (Wales) Act 2014 Part 2 Code of Practice states that, 'the Public Sector Equality Duty contained in section 149 of the Equality Act 2010 requires all public authorities to have due regard to protected characteristics when exercising their functions', and that ‘The Equality Act 2010 requires that reasonable adjustments are made to ensure that people have equal access to information, advice and assistance services. Local authorities must also ensure that people have the appropriate support to enable them to access the service’.
“I routinely represent constituents to Local Authorities on issues ranging from Disability Support Services to British Sign Language, to Autism, to wheelchair access - even access to employment. The Equality Act and the Social Services and Well-being (Wales) Act are never mentioned until I mention them, and then it's damage limitation time.
“So, what action are you taking to ensure, for example, that the weaknesses identified in the Wales Neurological Alliance report on behalf of the Cross Party Group on Neurological Conditions, published last November following a survey of people living with neurological conditions, which identified a lack of information, advice and assistance, with people with neurological conditions not being signposted to services or given a voice, are addressed?
“The key point is: how is the Welsh Government monitoring Local Authority understanding and implementation of the Codes under the Social Services and Well-being (Wales) Act, because too often, by accident or design, this is not being done as it should?”
In his reply, the Counsel General stated that “the Public Sector Equality Duty is fundamental to the operations of Local Authorities”.
He added: “We were the first Government to bring in specific equality duties in order for public bodies to better perform their duties against that broader set of duties. He may know that the EHRC has commissioned a piece of work to inform it in relation to compliance of Local Authorities generally, and to inform its own work about compliance across a range of duties, using that to drive forward action on ensuring that public bodies are complying with their equality duties at large. He will also know that the Welsh Government publishes a report periodically on public sector equality, and that will be published in the forthcoming weeks”.
