The complainant believed the leaflet’s reference to ‘Important information for all patients with a uterus (womb) aged 11-55’ to be insulting to her as a woman
A health trust breached its own equality scheme by use gender-neutral language in a hospital leaflet, an investigation has found.
The South Eastern Health and Social Care Trust went against its commitments regarding its decision to use gender-neutral language in a Radiology Department leaflet providing information for patients undergoing screening.
A complaint was made to the Equality Commission by an individual who believed the leaflet’s reference to ‘Important information for all patients with a uterus (womb) aged 11-55’ to be insulting to her as a woman and confusing for those whose first language is not English.
A subsequent investigation found the Trust was in breach of its own equality scheme.
During its investigation, the Commission found no evidence of how the Trust had applied its equality scheme commitments, when developing the language used or when deciding to include the language in the leaflet. The Trust did not equality assess the likely impact of its decision on women or other Section 75 groups.
The Commission also found that the Trust had not monitored the impact of its policy to use gender neutral language on all Section 75 groups. Nor had it gathered the relevant information to inform its screening decisions on the matters raised in the complaint.
Geraldine McGahey, Chief Commissioner, Equality Commission for Northern Ireland, said: “All public authorities must ensure that they implement the specific processes they have committed to in their equality scheme, including how they assess and monitor the impact of their policies on equality of opportunity. Section 75 duties are important and should be considered carefully.
“The Commission has recommended that the Trust carry out a review of its ‘Patient Information Policy’ to ensure that it aligns with its statutory obligations and the commitments in its equality scheme.
“While the Trust had taken action following the complaint to assess the impact of its policy, we have made further recommendations. We have asked the Trust to review how it completed its equality screening to assess the possible equality impacts of its policy and have highlighted particular sections within the screening document for review.
“We have also recommended that the Trust put effective monitoring systems in place to gather information on the impact of its policies on all relevant Section 75 groups. This will help the Trust identify and assess potential adverse impacts of its policies.
“It is imperative that the Trust ensures that all its policy makers are aware of the commitments in its equality scheme. It must also improve how it recognises and responds to these types of complaints.
“The Commission recognises that the Trust had already begun reviewing its practices during the course of the investigation. We look forward to an update from the Trust on its progress on implementing the recommendations, within six months.”
The investigation was carried out under Paragraph 10 of Schedule 9 of the Northern Ireland Act 1998. The Commission’s investigatory powers under Schedule 9 relate to whether a public authority may have failed to comply with its own equality scheme. They do not extend to an analysis of the merits of the policy included in the complaint.
In a statement, the South Eastern Health and Social Care Trust said: “The South Eastern Trust has cooperated fully with the Equality Commission and welcomes the conclusion of the investigation process.
“The Trust acknowledges that it did not equality screen the change of wording in the patient Radiology information letter in 2022.
“We accept and are implementing all the recommendations made by the Equality Commission, who acknowledges that the Trust now screens it’s Radiology patient information letters every year.”
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