Age Discrimination Review Ending Age Discrimination and Promoting

Age Discrimination Review Ending Age Discrimination and Promoting Age Equality in Health and Social Care Preparation for the equality legislation Richard Gleave, Project Director Source: www. southwest. nhs. uk/age-equality. html

The Equality Bill and age Bans age discrimination, harassment and victimisation in the provision of services and exercise of public functions Age Discrimination Review This will become law in other sectors in 2012 – and the review recommends health and social care in line with this For age only, the ban does not apply to the treatment of under-18 s Creates a single public sector equality duty, covering eight protected characteristics including age. The duty applies to public bodies and those carrying out public functions – including private and third sector organisations where they are fulfilling public functions. This will become law in 2011 and applies to all age groups 2

Will it mean anything for Joseph and Alice? Age Discrimination Review Joseph is 77 years old. He went to the GP because he was having problems with walking to the shops. The doctor said that if he had been younger, then he would have referred him for an operation on his knee, but at his age, what did he expect? His daughter was present and she intervened and so the doctor agree to refer and Joseph successfully had the operation. Alice is 85 and lived in her own home with support from her daughter. When the daughter became ill , the social worker and GP were concerned about the level of support she would need to remain at home, even though she strongly wanted to remain there. She was not offered the option of direct payments. Alice was re-housed into residential care, where she died six months later.

Ageism and age discrimination Age Discrimination Review ‘…ageism is used to describe stereotypes and prejudices held about older people on the grounds of their age. Age discrimination is used to describe behaviour where older people are treated unequally (directly or indirectly) on grounds of their age. ’ (Ray, Sharp and Abrams, 2006) BUT NOT ONLY OLDER PEOPLE LESS FAVOURABLY RATHER THAN UNEQUALLY The legislation will also provide protection against “dual discrimination” where less favourable treatment is based on a combination of two factors – e. g. age plus gender or race or disability

But different treatment by age is not automatically discrimination It can be “good” Age Discrimination Review Age appropriate services where these It can be “neutral” It can be “bad” Differences in treatment Direct discrimination is may reflect natural treating someone meet people’s needs variation rather than be less favourably the result of specific because of their age Positive action - to decisions redress unfairness Indirect discrimination is when an Reflect physiological characteristics in the apparently neutral population rather than criterion places individuals people of a particular age at a disadvantage compared to others unless the less favourable treatment is justified

We would like your views on the best approach to ending age discrimination Age Discrimination Review Should the legal test be that all differences in treatment need to be “objectively justified”? Or would a couple of targeted exceptions within the law where different treatment is clearly appropriate, help with local implementation the intentions of the law ? A possible exception based on individual professional judgements about the use of age but only when based upon a full and fair assessment of the patient/service user’s needs A possible exception for national public health programmes where age criteria reflect the characteristics of the population rather than individual’s needs

Age equality in health and social care Age Discrimination Review The new public sector duty requires public bodies and persons (i. e. individuals and independent organisations) carrying out a public function, to have due regard to the need to advance equality through: (a) eliminating discrimination, harassment, victimisation (b) advancing equality of opportunity – for age this means between people of one age group and people of other ages (c) fostering good relations for age this means between people of one age and people of other ages (i. e. intergenerational work)

Implementation Timetable Age Discrimination Review The review recommended that health and social care should be the same as other sectors October 2010: consolidation of existing equalities legislation covering race, gender, disability etc. April 2011: implementation of the new public sector duty to have due regard to the need to advance equality 2012: implementation of the ban on age discrimination in the provision of services and exercise of public functions

Age Discrimination Review The NHS 2010 -2015: from good to great “The Equality Bill sets the scene for delivering high-quality public services for all, taking full account of disability, age, race, gender or any other characteristic requiring protection from discrimination. It provides an unprecedented opportunity for the health and social care system to build on the progress already made, truly eliminate age and disability discrimination and take further strides to ensure that care is personal and meets the needs of each individual and their carers, regardless of age. Ending age discrimination and promoting age equality are as much about changing the attitudes and behaviours of individuals and the culture and practices of organisations”

Age Discrimination Review The Green Paper “The prohibition of age discrimination is a very big part of our drive to improve the way that health and social care services are commissioned and delivered to different age groups. ” “Our vision is for a system where people will be able to live their lives in the way they want, supported by the services that they choose. A system that gives local authorities the space to innovate, enables services to respond to local conditions and delivers true personalisation. ”

Next steps Age Discrimination Review Once the consultation is complete, the Department of Health will set out its formal position on the recommendations for the NHS and LAs The NHS Operating Framework 2010 -11: “the Equality Bill is scheduled to become law … in preparation, NHS organisations need to take account of Achieving age equality in health and social care, the report of the review led by Sir Ian Carruthers and Jan Ormondroyd. ” ADASS regional directors and DH are exploring how progress in 2010 -11 and 2011 -12 can be linked with the transformation programme in adult social care