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One answer - Andy's comment.

Well Andy. One of the routes this kind of discrepancy comes to light is via trade union representation. And one of the actions the union can take, always with the permission of the employee represented - never without, when a particular case has been resolved is to flag up the problem with the concerned bodies. I would say the union in that instance has a duty to report the problem to the commissioning body, whether the union would agree with that point of view is something I'm currently pursuing. The other obvious course is via employees who are brave enough and have enough conscience to make their own concerns known (whistleblowing). All of these private commissioned companies should have a clear whistleblowing policy. But the difficulties here is employees' lack of knowledge about how they can be protected, and the law, The Public Interest Disclosure Act 1998, has too many getouts for employers. In the early 1990s I worked (amongst others), alongside Karen Jennings, now the ...

One of the answers

From the DRC website. And while we're on: Congratulations on a good job done so far. Sorry to lose you on the 28th. Hope the Commission for Equality and Human Rights can do as well. Q: How does this (the Disability Equality Duty) affect procurement commissioning and contracting? A: If the contractor is itself performing a public function, standing in the shoes of a statutory body, then it will constitute a public authority and be subject to the general duty in respect of the public functions which it carries out. If the contractor is not itself performing a public function but merely providing services on behalf of the public authority, the obligations to comply with the duty remains with the public authority that contracts out the function. This means that the contracting public authority, and in particular those procuring or commissioning a service, need to build relevant disability considerations into that process to ensure that the authority is meeting the duty even when the se...

see "Letter to the Guardian" below

My letter, lightly edited, is published in Guardian Society today. What I'd like to do on this score to take it forward, is to have some meetings with the procurement sections of our local authorities, PCTs and other relevant public authorities - preferably in tandem with, or via of my trade union, but if that's not on the cards, on my own initiative. Those meetings will aim to discuss this proposition: Public authorities who commission private/independent organisations to carry out public functions, where those private/independent organisations do not observe the Disability Equality Duty, are in breach of their own Disability Equality Schemes and should be prosecuted.

Respect, Liz.

Message to the Government: This is how the shape of consultation should be drawn. I received this response from the James Paget Hospital University NHS Trust today (see "Local Doings" below): Good morning Mike. Thank you for the link to your blogg and for the critical eye, all comments are useful. The requirement to make reasonable adjustments for employees is provided for within our managing absence policy and within our recruitment and selection policy which are both comprehensive policies that have been agreed between ourselves and our negotiating bodies. These are already in existence and I believe well established which is why we have made only broad reference to employment policies within our DES. I can confirm that we do require all sub contractors to abide by our current polices when working on our site. Regards Liz Cooke Deputy Director of HR Thank you Liz, that's excellent. The only reservation is the "when working on our site" bit. Some of my main c...

Government Consultation

In an interesting exercise which looks like more empty propaganda (and I'm foolishly optimistic enough to hope it isn't), the Government have set up a website inviting comments from the great washed public. click on the title of this pplog to get there. Today, I wrote: In 2002, as part of the consultations for removing Community Health Councils in England and putting Patient and Public Involvement Forums in their place, the DoH commissioned a consultation report by the Patient's Forum. That report (by Christine Hogg and Lindsey Graham - still available at http://www.thepatientsforum.org.uk/PPIPscopingstudyfinalreport1.asp), involving a host of patients' organisations, was vitually ignored. The Government then established in 2003 the Quango, the Commission for Patient and Public Involvement in Health. CPPIH went on to do its own thing totally ignoring 30 years' knowledge, expertise and experience of service user organisations. That is chronicled on www.ppeyes.org.uk ...

Hello Andy

See Andy's comment on local doings. Thanks for the comment Andy - good harmony. The problem with the DRC is there is no simple, obvious way to report breaches to them. But yes I think every occurrence of this kind should be logged with the regulating body. One item of seemingly slight importance (don't believe it - every breach is important, usually leading to more serious anomalies if let go) might not shake the universe but an accumulation of them would be at least as good as a long petition. I'd like to see a national friendly whistleblowing database - easily accessed. And maybe if we grab the opportunity (you, I and others interested) and lobby the new Commission for Equality and Human Rights (go to http://www.cehr.org.uk) we might persuade them to set this up?

Progress

Received this afternoon: Dear Mr Cox FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST I refer to your request for information dated September 10th 2007. . In accordance with the provisions of the Freedom of Information Act 2000, I have now processed your request and I can supply the following information to answer your 2 questions: 1) The Norfolk County Council named contact for LINks is Ian Lambert, Head of Democratic Services, telephone 01603 222620, email ian.lambert@norfolk.gov.uk The DoH have been notified of this information. In Norfolk we wanted to wait to receive the draft specification before we started to develop LINks. Work is now underway to appoint a project officer and organise a reference group of key stakeholders to determine what we need to procure, and how to arrange things so that there is no disruption to patient representation. We will be inviting PPI Forum Chairs to be part of the group and plan to organise a conference in the early Autumn with ...