UK Home Office: PC21 2005

THE RACE EQUALITY DUTY AND Probation
THE STATUTORY THREE YEAR

REVIEW Circular
REFERENCE NO:
PURPOSE
21/2005
This circular provides guidelines and an assessment template for the
statutory three-year review of the list of functions, policies and
proposed policies which have relevance to the duty to promote race ISSUE DATE:
equality contained in NPD and NPS Race Equality Schemes. 22 March 2005
ACTION IMPLEMENTATION DATE:

Chief Officers are asked: Immediate
• to ensure that their Race Equality Schemes are reviewed in line
with the guidance provided by the Commission for Racial Equality EXPIRY DATE:
by the requisite deadline of May 31 2005. 30 June 2005
• to forward a copy of the revised documentation to Marg Harris at
the address below, by the end of June 2005. TO:
Chairs of Probation Boards
SUMMARY Chief Officers of Probation
In order to comply with the Race Relations Amendment Act (RR(A)A),
Secretaries of Probation Boards
the National Probation Service must review their Race Equality
Schemes including their list of functions, policies and proposed
CC:
policies.
Board Treasurers
RELEVANT PREVIOUS PROBATION CIRCULARS Regional Managers
N/A Regional What Works Managers
CONTACTS FOR ENQUIRIES AUTHORISED BY:

Marg Harris, Head of Diversity, Tel: 0207 217 8609 Roger McGarva, Head of Regions
Marjorie.Harris2@homeoffice.gsi.gov.uk and Performance
ATTACHED:
Annex A (CRE Guidance note)
Annex B (CRE Assessment
Template)
National Probation Directorate

Horseferry House, Dean Ryle Street, London, SW1P 2AW General Enquiries: 020 7217 0659 Fax: 020 7217 0660
Enforcement, rehabilitation and public protection

Background
Chief Officers are asked to ensure that their Race Equality Schemes (RESs) are reviewed in line with the
guidance and assessment template provided by the Commission for Racial Equality for the statutory three
year review of the list of functions, policies and proposed policies which have relevance to the duty to promote
race equality contained in National Probation Directorate and National Probation Service Race Equality
Schemes. The deadline for returns is May 31st 2005 and a copy of the revised documentation should be
forwarded to NPD.
The Race Relations Amendment Act (RR(A)A) require all listed public authorities subject to the specific duty to
carryout a statutory review i.e. review their list of functions, policies and proposed policies for relevance to the
general statutory duty every three years. The rationale for reviewing this list is to help ensure a listed public
authority, effectively mainstreams race equality into its core business arrangements.
To comply with the RR(A)A NPD and NPS will, as a minimum, be required to review their list of functions,
policies and proposed policies. In addition, subject to time constraints, it would be advisable to consider
whether the current RES meets organisation requirements.
The high level priorities in race relation issues for NPD and NPS for 2005/06 are:
• To carry out an impact assessment of action plans relating to offender management
• Continuous improvement of ethnic monitoring systems for staff, offenders and victims using the 16 + 1
Census categories, referred to in the Commission for Racial Equality’s Ethnic Monitoring Guide
• Review and evaluate the human resource function to ensure that arrangements as required under the
employment monitoring duty are put in place. Monitor for disproportionality and if required take remedial
action. Work towards becoming an employer of choice, and aim towards greater representation of black
and ethnic minority staff at senior levels within the organisation
• Implementation of strategies to achieve comparability and improvement of service delivery to black and
ethnic minority offenders
• Development of a national strategy for hate crime
PC21/2005 – The Race Equality Duty and the Statutory Three Year Review 2
COMMISSION FOR RACIAL EQUALITY
GUIDANCE NOTE
THE RACE EQUALITY DUTY1 AND THE STATUTORY THREE YEAR REVIEW
All listed public authorities2, subject to the specific duty to prepare and publish a Race
Equality Scheme (the Scheme) are required to review their list of functions, policies
and proposed policies for relevance to the general statutory duty every 3 years. The
purpose of this specific duty to review this list is to ensure that:
• there are proper arrangements in place for effective implementation of the
Scheme,
• your Scheme is kept up-to-date and relevant to your business.
Deadline for review

• England, Wales & Scotland: for those authorities that were required to publish a
Race Equality Scheme (RES) by 31st May 2002, the deadline is 31st May 2005.
• Scotland only: for listed authorities in Scotland that were required to publish a RES
by 30th November 2002, the deadline for review is 30th November 2005.
What is the list of relevant functions and policies?

• When preparing its first Scheme, a listed public authority was required to produce
a list of its functions, policies and proposed policies3 and assess which of those
were relevant to race equality and the general statutory duty.
• Section 71(1) of the Act requires public authorities to have ’due regard’ to the
general statutory duty in carrying out their functions. This means giving
appropriate weight to:
- eliminating unlawful discrimination,
- promoting equality of opportunity, and
- promoting good race relations
when carrying out functions and implementing policies.
• The rationale for producing this list is to help ensure a listed public authority
effectively mainstreams race equality into its core business and implementation
arrangements. By going through this process a public authority should identify all
aspects of its business that are relevant to race equality, and by determining how
each aspect is relevant, can put appropriate measures in place to achieve real
equality on racial grounds.
• To fulfil this responsibility the list of relevant functions, policies and proposed
policies should have been prioritised in terms of their respective degree of
1
The race equality duty refers to the General Statutory Duty under s.71(1) of the Race Relations Act 1976, as amended, and the
rd
various specific duties that have been introduced by Parliament, since 3 December 2001, by way of statutory instruments, to
assist listed public authorities to better perform their General Statutory Duty.
2
All public authorities listed in Schedule 1A to the Race Relations Act 1976, as amended, and remain in the Schedule, are
subject to the General Statutory Duty under s.71(1) of the Race Relations Act 1976, as amended
3
A definition of function’ and ‘policy’ can be found in the glossary of the CRE’s Statutory Code of Practice on the Duty to Promote
Race Equality or on the website at http://www.cre.gov.uk/duty/reia/glossary.html#top
relevance to race equality. This should have determined the nature and scope of
the actions laid out in the Scheme and its action plan.
• The implementation of the Scheme and the action plans over the past three years
will have provided the authority with the evidence and experience upon which to
judge whether or not its original prioritisation and assessment had been effective,
i.e. whether the consideration of the relevance of its different functions had been
properly carried out.
What should we do to review this list of functions and policies? What does the
3-yearly review involve?
1. You should review your existing list of relevant functions, policies and proposed
policies to ensure it is properly reflective of your organisation and business, and
give attention to any of your duties or powers which may have changed, if your
organisation has restructured in the past 3 years, or if your remit has changed.
2. To achieve this you should review progress made to date in implementing your
Scheme. You could consider, for example, the following questions:
• Have you established adequate systems for monitoring the impact of your
existing relevant functions and policies?
• Are you systematically monitoring the impact of high priority functions and
policies on the promotion of race equality?
• Have you identified disproportionality and taken adequate steps to address
this?
• Have you improved access to key services for all ethnic groups?
• Does the evidence show you have properly judged relevance?
(This is not an exhaustive list of things you could consider but provides some
examples.)
The reason for reviewing progress to date is that you probably need to revise your
Scheme’s action plan and carry forward some planned activities into the next three
year period, to ensure you are meeting the general statutory duty.
3. Identify any new functions and policies that have been introduced in the last 3
years and make sure you have assessed these for relevance to the general
statutory duty. If not, you should carry out this assessment and add those
functions and policies that are relevant to your existing list. As these new policies
should have been assessed for relevance and race impact when they were
introduced, the Scheme should be revised to ensure that it has provided the
mechanisms to ensure such procedures are carried out in future.
4. Identify any proposed functions and policies that you expect to introduce over the
next 3 years as you will need to assess their relevance to the general statutory
duty.
5. Produce a collated list of functions and policies (existing, recently adopted,

proposed, forthcoming) and prioritise according to the degree of relevance to the
February 2005 2
three strands of the general statutory duty. You may wish to refer to the
Commission’s Guide for Public Authorities on the duty to promote race equality for
further advice (which includes an example of an ‘assessment for relevance’ grid) to
assist you through this process.
6. Revisit the Scheme and its action plan and make sure it is reflective of the revised
assessment of your functions and policies.
7. You should make sure you include any procured functions or policies – in other
words those that have been contracted out to an external supplier. You, as the
listed public authority, remain responsible for that public function, and remain
responsible for meeting the general statutory duty in relation to it. See the
Commission’s Race Equality and Public Procurement Guides for further
information. http://www.cre.gov.uk/publs/cat_duty.html#procure
The same principle applies to any functions and policies that are delivered through
partnership arrangements – see the Commission’s Public Authorities and
Partnerships Guide. http://www.cre.gov.uk/publs/cat_duty.html
8. As part of this listing process you may find helpful to add any relevant details for
each function, policy or proposed policy. For example, you could add details of the
Director or Manager responsible for the operation and implementation of the policy,
whether the policy operates externally and/or internally, and whether any baseline
data has been collected and analysed concerning that policy’s affect on different
racial groups. Adding this detail will help demonstrate progress, ensure proper
accountability and assist colleagues in taking action when race impact assessing
proposed policies, or monitoring existing policies for adverse impact.
9. Publish your new list of relevant functions, policies and proposed policies.
(If you decide not to fully review and revise your Scheme, then you should publish
your new list of relevant function, policies and proposed policies as an addendum
to your current Scheme.)
What other steps should we be taking?

Nearly 3 years on since the specific duties became enforceable public authorities
need to be able to demonstrate that they have:
• Adequate systems in place to monitor the impact of their functions and policies;
• Developed procedures to ensure that all proposed policies that have a
relevance to race equality are subjected to a race equality impact assessment,
including consultation, to determine their likely impact on promoting race
equality;
• Increased access to the information that they provide to the public
• Increased access to the services that they provide, especially those ranked as
highly relevant to the general statutory duty.
• Provided role-specific training to staff on the general statutory duty and relevant
specific duties;
• Published annual reports in line with their employment duty – detailing ethnic
monitoring data of staff and specified employment practices;
February 2005 3
• Published reports on their impact assessment, consultation and monitoring
activity, in line with the arrangements set out in their Scheme;
• And be reviewing action plans to assess what progress has been made in
implementing their Scheme and the general statutory duty over the last three
years.
Do we have to review and republish our Race Equality Scheme?

• Although there is no statutory requirement to revise and republish your Scheme
every 3 years, you should regularly be reviewing progress being made in
implementing your Scheme. Reviewing your whole Scheme should be integral to
the review of functions and policies for relevance to the general statutory duty.
• Your Scheme should be a ‘living document’ reflecting your current and future plans
for implementing the race equality duty and therefore, like any business plan or
strategy should be monitored, reviewed and revised on a regular basis.
• We recommend that you review your whole Scheme as part of the statutory 3 year
review, and revise, update and republish your Scheme on a 3 yearly basis.
What will happen if we don’t meet the deadline?

• As stated above the requirement to review your list of relevant functions, policies
and proposed policies by 31st May 2005 (in England and Wales), and by no later
than 30th November 2005 (in Scotland) is a statutory requirement. This
requirement is set out under articles 2(3) and 2(4) of the Race Relations Act
(Statutory Duties) Order 2001, and its Scottish equivalent (articles 2(3) and 2(4) of
the Race Relations Act 1976 (Statutory Duties)(Scotland) Order 2002)
respectively.
• Therefore, your authority has a legal obligation to meet its statutory duties.
• The Commission does not have the power to grant extensions to this deadline or
give permission to any authority to ignore the deadline.
• If you fail to meet the deadline you run the risk of compliance action being taken
against your authority.
What about Schools, Colleges and Universities (FE and HE institutions)?

There is no equivalent statutory requirement placed upon schools, colleges and
universities to conduct a review every 3 years. However educational institutions do
have a duty to prepare and maintain a Race Equality Policy, and fulfil its duties and
arrangements. In practice this means schools, colleges and universities should be
able to demonstrate:
• How the review and maintenance of their Policy is built into their action plans
• How progress in meeting the commitments set out in their Policy will be
measured
• How actions, past and present, will result in positive outcomes such as raising
attainment levels of pupils from different racial groups, reducing disparities in
exclusion rates, improving equality in admissions and participation in FE and
HE institutions and better recruitment and retention of staff.
February 2005 4
Commission for Racial Equality
Assessment Template
For Race Equality Schemes and the

Employment Duty
February 2005
Commission For Racial Equality (CRE) assessment template – Race Equality Schemes and Employment Duty
Name of Public Authority:______________________
Introduction
• This template is for internal use only. It should be used in conjunction with our Statutory Code of Practice on the Duty to Promote Race
Equality, the non-statutory guidance and other advisory and guidance material that has been published in relation to the race equality
duty – s.71(1) of the Race Relations Act 1976, as amended (the Act) and the related Orders (see below) – and general good practice.
• It should be noted that there is currently no case law on what would constitute compliance under the Race Relations Act 1976 (Statutory
Duties) Order 2001, the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002, the Race Relations Act 1976 (Statutory
Duties) Order 2003, or the Race Relations Act 1976 (Statutory Duties) Order 2004 (the Orders). The CRE has sought legal advice and
also used its own expertise in this area to develop this template, and to train assessing officers accordingly. This assessment template has
been developed by the Legal Services & Enforcement Directorate of the CRE in conjunction with policy colleagues.
• External users should note that they might not use the same assessment criteria as our trained assessors, nor have the two-tier checking
assessment procedure that the CRE employs. Any results that an external user may achieve on using this template may therefore be
different from those reached by the CRE. Only the CRE can take enforcement action in relation to non or partial compliance with the
Orders.
• This template is also a living document, since as the CRE learns more about the race equality duty and following any court decisions, our
benchmarks may need to be revised.
Objectives of template
• To ensure a consistent CRE approach to identifying non or partial compliance with the specific duty to publish a Race Equality Scheme
as required by the Orders.
• To provide a standard framework for providing comments to authorities on their Race Equality Schemes in relation to both compliance
issues as well as innovative / good practice examples.
2
Background legal information: s.71(1) of the Act: the relevant legislation has, on occasion, been paraphrased in order to make it more
amenable to assessors:
General Statutory Duty – ‘Every body or other person specified in Schedule 1A or 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’.
Race Equality Scheme Duty – articles 2(2) & 2(3) of the Race Relations Act 1976 (Statutory Duties) Order 2001 or articles 2(2) & 2(3) of the
Race Relations Act 1976 (Statutory Duties) Order 2003 or articles 2(3) & 2(4) of the Race Relations Act 1976 (Statutory Duties) (Scotland)
Order 2002 or articles 2(2) & 2(3) of the Race Relations Act 1976 (Statutory Duties) Order 2004 state:
a) A Race Equality Scheme shall state, in particular – 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 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 … and of such monitoring;
iv) Ensuring public access to information and services which it provides;
v) Training staff in connection with the duties imposed by section 71 (1) of the Race Relations Act 1976 and the appropriate Order.
vi) Within a period of three years from 31st May 2002 (2001 Order) or 31st May 2004 (2003 Order) or 31st May 2005 (2004 Order) and every
three years thereafter (England & Wales) or ‘by no later than 30th November 2005’ (Scotland) … review the assessment of functions for
relevance to the General Statutory Duty.
3
Employment Duty – articles 5(1), 5(2) & 5(3) of the Race Relations Act (Statutory Duties) Order 2001; articles 4(1), 4(2) & 4(3) of the Race
Relations Act 1976 (Statutory Duties) Order 2003; and articles 5(1), 5(2) & 5(3) of the Race Relations Act (Statutory Duties) (Scotland) Order
2002 state:
a) A person to which these article(s) apply shall:

(i) Before 31st May 2002 (2001 Order) or 31st May 2004 (2003 Order) or 31st May 2005 (2004 Order) or 30th November 2002 (2002
Scotland Order), have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under articles 5(2) (2001
Order) or 4(2) (2003 Order) or 3(2) (2004 Order) or 5(2) (2002 Scotland Order), and fulfil those duties in accordance with such
arrangements.
(ii) It shall be the duty of such a person to monitor, by reference to the racial groups to which they belong, the numbers of:
- Staff in post.
- Applicants for employment, training and promotion from each such group, and where that person has 150 or more full-time staff,
the numbers of staff from each such group who:
- Receive training.
- Benefit or suffer detriment as a result of its performance assessment procedures.
- Are involved in grievance procedures.
- Are the subject of disciplinary procedures.
- Cease employment with that person.
(iii) Such a person shall publish annually the results of its monitoring under article 5(2) (2001 Order) or 4(2) (2003 Order) or 3(2) (2004
Order) or 5(2) (2002 Scotland Order).
b) Under article 4 of the 2001 & 2002 Orders, and article 3 of the 2003 Order, certain education related public authorities - and the National
Assembly for Wales in the 2003 Order - are required to have in place arrangements for monitoring staff, and in certain cases job
applicants also, by racial group across specified categories, and to take reasonably practicable steps to publish this data on an annual
basis. When considering the race equality scheme and employment duty arrangements of any of the bodies cited in appendix 1 to this
template, assessing officers should pay particular attention to these authorities’ additional employment monitoring duties in the articles
cited directly above.
4
Name of public authority & Order that applies:
PART 1: ASSESSING FUNCTIONS AND POLICIES, AND PROPOSED POLICIES FOR RELEVANCE TO THE PERFORMANCE
OF THE GENERAL STATUTORY DUTY:
Minimum standard for compliance Insert Comments

Y/P/N1
The authority’s arrangements in this regard include:
• A prioritised list of the authority’s functions and policies, and

proposed policies that appears to cover all those functions and
policies that are relevant to the General Statutory Duty.
• The questions, tool(s) and evidence that the authority used in
developing this prioritised list, and that these relate to all three
strands of the General Statutory Duty.
• Inclusion in the action plan of the timescales and responsibilities
for the actual review of the prioritised functions and policies.
• A commitment to undertake the statutory 3-year race equality
review of their functions and policies, and proposed policies.
• The arrangements for meeting this specific duty are reflected in

this part of the authority’s action plan, and include details of the
actions itself, and how, when, and by whom they will be
completed - for example dates of actual review of authority’s
different functions and policies.
1
Y = Yes/Fully; P = Partially; N; No/No evidence
5
Examples of innovative / good practice:

E.g. evidence of proportionality being applied; evidence of stakeholders being consulted; list includes procurement and partnerships.
PART 2: ASSESSING AND CONSULTING ON THE LIKELY IMPACT OF PROPOSED POLICIES ON PROMOTING RACE
EQUALITY:

Y/P/N
• The authority’s impact assessment and consultation tool, and

preferably also guidance on using that tool.
• The authority’s impact assessment and consultation tool or
process includes the following elements:
1. A screening process.
2. Questions to enable the policy writer to consider the research and
evidence that are relevant to the proposed policy.
3. Examples of data and research sources to be considered when
screening and undertaking a full impact assessment, for example
information from the Census 2001.
4. Details of how the authority will consult formally on the proposed
policy, including consultation methods and groups to consult with.
5. Details of how the authority will deal with adverse impact that has
been identified through the impact assessment, and how they will
decide whether to adopt the policy or not.
6
6. Details of how the authority will implement the agreed policy,

including perhaps other means of implementation, for example a
pilot implementation.
7. Details of how the authority will monitor, review and evaluate the
policy post-implementation.
8. Details regarding publishing assessment and consultation results.
• The authority’s arrangements enable impact assessment and

consultation results to be fed in to the policy development and
reporting process.
this part of the authority’s action plan, which include details of the
actions itself; and how and by whom they will be completed.

E.g. evidence of how the impact assessment and consultation process has been mainstreamed into the authority’s standard policy making
processes, business planning; any quality assurances systems; integration of access to information and services criteria into the authority’s
impact assessment arrangements.
7
PART 3: MONITORING EXISTING POLICIES FOR ADVERSE IMPACT ON THE PROMOTION OF RACE EQUALITY:

Y/P/N
• The monitoring system(s), for example IT, that they use to

monitor their service delivery and employment practices by
ethnicity.
• The different function and / or policy areas that the authority has
ethnic monitoring systems in place.
• Where no system exists to ethnically monitor relevant functions /
policies, adequate arrangements to address these gaps are still set
out, with realistic deadlines for remedying these gaps.
• The internal structures and teams that the authority has for the
periodic collation and analysis of both their service delivery and
employment data.
• What success measures / monitoring criteria the authority have in
place for measuring their race equality performance.
• The different monitoring methods – consultation, statistical
quantitative analysis, qualitative analysis and so on – that the
authority uses to gather and analyse data.
• Details of what it will do when its monitoring data presents
adverse impact.
• An indication of how their monitoring of existing functions and
policies relate to their list of functions and policies which have
been assessed for relevance to race equality.
8

actions itself; and how, when, and by whom they will be
completed.

E.g evidence of monitoring system that enables the identification of differential impact on all racial groups, including, for example, Gypsies &
Travellers; ethnic monitoring arrangements linked appropriately with the authority’s other relevant monitoring arrangements.
PART 4: PUBLISHING THE RESULTS OF ASSESSMENTS, CONSULTATIONS AND MONITORING:

YP/N
• Details as to how often they will publish the results of their

assessments, consultation and monitoring.
• Details as to the different publication / communication methods
that the authority will employ to disseminate and make available
equally accessible results.
• That these three respective sets of results – impact assessment,
consultation and monitoring should include the points partially
outlined under paragraph 4.34 of the Statutory Code of Practice
on the Duty to Promote Race Equality.
9

completed.

E.g. proactive practice in relation to translating results of assessments, consultation, and monitoring results into the languages spoken with
the authority’s local area / customer base.
PART 5: ENSURING PUBLIC ACCESS TO INFORMATION & SERVICES:

Y/P/N
• Details of the information and services that they presently provide

(this may be apparent from the authority’s list of functions and
policies that they have assessed as relevant to the General
Statutory Duty).
• Summary details of how they currently make these services and
information accessible.
• Details of how the authority identifies a) the information and
service experiences of those they serve, contract with, or regulate;
and b) the information and service needs of these various
communities.
10
• Details of the process that the authority will follow when they
have identified barriers to equitable access to information and
services.
• Details of how accessibility questions / criteria are integrated into
the authority’s review, impact assessment and monitoring
arrangements.

completed.

E.g. methods used to promote and ensure improved access i.e. outreach or specialist services, linkworkers; details of how accessibility
questions / criteria are integrated into the authority’s review, impact assessment and monitoring arrangements.
PART 6: TRAINING STAFF IN RELATION TO THE GENERAL STATUTORY DUTY & THE APPROPRIATE ORDER:

Y/P/N
• Details of how the authority will train its staff specifically on the
Duty and the relevant articles of the Order.
11
• Details of how the authority will periodically identify and

evaluate the training needs of its staff, as they relate to delivery of
the Duty and the relevant articles of the Order.
• Details of how the authority will integrate the Duty and the Order
into its other training programmes.
• Details of how the authority will provide role-specific training for
those staff whose tasks are most relevant to certain specific duties
e.g. policy and management staff will need to know about impact
assessments, consultation and monitoring processes;
communication staff about the publishing and public access
specific duties; and HR staff about the Employment Duty and so
on.

completed.

E.g. evidence of a skills audit having been carried out; a trainers for trainers programme to ensure in-house training expertise in all aspects
of the General Statutory Duty and the Orders.
12
PART 7: THE EMPLOYMENT DUTY: 2

Y/P/N
• Details of how the authority intends to meet its employment

duties. This includes having monitoring systems in place / plans to
‘fulfil’ its duties, and any targets for fulfilment that are
‘reasonably practicable’.
• Details of the monitoring system(s), for example IT, that they use
to monitor their employment practices by ethnicity, and
confirmation that such systems include monitoring for all relevant
categories outlined in relevant articles of the 2001, 2002, & 2003
Orders3.
• The systems the authority has in place to regularly collate and
analyse their employment data by ethnicity - which should as a
minimum be based upon the Census 2001 ethnic classifications.
• Details of what it will do when its monitoring data presents
adverse impact, for example locate and remove barriers and so on.
2
Although the public authority can choose to set out their arrangements to meet this specific duty in a document other than a RES we strongly recommend that it is should
form part of their RES and particularly so if they are re-publishing their RES.
3
Please refer to the extracted articles 4 & 5 of the 2001 & 2002 Orders, and article 3 of the 2003 Order on p.3 above. There are different employment monitoring
responsibilities, in the 2001 & 2002 Orders, for local authorities with education responsibilities; the Department for Education & Skills; and the Learning & Skills Council for
England, the Higher Education Funding Council for England & Wales and the National Council for Education & Training for Wales, and in relation to the 2003 Order, there
are specific employment monitoring responsibilities for the National Assembly for Wales.
13
• There should be evidence of quantitative and qualitative data

analysis, with are inclusive, as appropriate, of the three strands of
the General Statutory Duty.
• The authority provides details how it complies with its duty to
publish the results of its article 5(2) responsibilities, pursuant to
article 5(3) of the Order.

completed.

E.g. evidence of the authority’s monitoring by ethnicity over and above what is required by article 5(2) of the Order.
14
PART 8: GENERAL COMMENTS ON RES: THIS PART RELATES SOLELY TO INNOVATE / GOOD PRACTICE AND NOT TO
COMPLIANCE ISSUES:
8.1 The authority sets out its guiding principles and rationale for meeting
the General Duty.
8.2 The authority outlines its leadership commitment to meeting the
General Duty.
8.3 The authority sets out its starting points / previous work in respect of
race equality.
8.4 The authority explains how and when the RES will link to its
corporate arrangements (values, action plans etc).
8.5 The authority includes and focuses on race equality outcomes.
PART 9: CONCLUDING COMMENTS AND RECOMMENDATIONS FOR FUTURE ACTION:
ML / DCN4 RGP FM NFA O5
Name of officer:
Date:
4
Only refer to the CRE Legal Directorate if you have ticked this box – ML/DCN (minded letter and draft compliance notice). However your assessment should be recorded
on a central database within policy so that you know when each assessment has taken place, and what its result was.
5
ML / DCN = minded letter and draft compliance notice; RGP = make recommendations on good practice; FM = future monitoring; NFA = No further action; O = Other
15

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THE RACE EQUALITY DUTY AND Probation

THE STATUTORY THREE YEAR

ACTION IMPLEMENTATION DATE:

CONTACTS FOR ENQUIRIES AUTHORISED BY:

National Probation Directorate

Enforcement, rehabilitation and public protection

• To carry out an impact assessment of action plans relating to offender management

• Development of a national strategy for hate crime

Deadline for review

What is the list of relevant functions and policies?

5. Produce a collated list of functions and policies (existing, recently adopted,

What other steps should we be taking?

Do we have to review and republish our Race Equality Scheme?

What will happen if we don’t meet the deadline?

What about Schools, Colleges and Universities (FE and HE institutions)?

For Race Equality Schemes and the

iv) Ensuring public access to information and services which it provides;

a) A person to which these article(s) apply shall:

Name of public authority & Order that applies:

Minimum standard for compliance Insert Comments

• A prioritised list of the authority’s functions and policies, and

• The arrangements for meeting this specific duty are reflected in

Examples of innovative / good practice:

Minimum standard for compliance Insert Comments

• The authority’s impact assessment and consultation tool, and

6. Details of how the authority will implement the agreed policy,

• The authority’s arrangements enable impact assessment and

Examples of innovative / good practice:

Minimum standard for compliance Insert Comments

• The monitoring system(s), for example IT, that they use to

• The arrangements for meeting this specific duty are reflected in

Examples of innovative / good practice:

PART 4: PUBLISHING THE RESULTS OF ASSESSMENTS, CONSULTATIONS AND MONITORING:

Minimum standard for compliance Insert Comments

• Details as to how often they will publish the results of their

• The arrangements for meeting this specific duty are reflected in

Examples of innovative / good practice:

PART 5: ENSURING PUBLIC ACCESS TO INFORMATION & SERVICES:

Minimum standard for compliance Insert Comments

• Details of the information and services that they presently provide

• The arrangements for meeting this specific duty are reflected in

Examples of innovative / good practice:

Minimum standard for compliance Insert Comments

• Details of how the authority will periodically identify and

• The arrangements for meeting this specific duty are reflected in

Examples of innovative / good practice:

PART 7: THE EMPLOYMENT DUTY: 2

Minimum standard for compliance Insert Comments

• Details of how the authority intends to meet its employment

• There should be evidence of quantitative and qualitative data

• The arrangements for meeting this specific duty are reflected in

Examples of innovative / good practice:

PART 9: CONCLUDING COMMENTS AND RECOMMENDATIONS FOR FUTURE ACTION:

ML / DCN4 RGP FM NFA O5

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