The social care management system - Find a freedom of information request

I am writing to you under the Freedom of Information Act 2000 to request the following information, which relates to care provided or commissioned for severely learning disabled adults, specifically those who lack capacity to express a view on their own *gender* or any preference as to the *sex* of their care staff, such as the learning disabled female whose rape and infection with HIV by male care staff is described in this Brent Safeguarding Adult Review:

https://legacy.brent.gov.uk/media/16411756/adult-b-final-report-nov-2018.pdf

1. Does your social care management system (the database or other systems your organisation uses to record personal data for disabled adults in connection with your duties under the Care Act 2014) include a field for the characteristic of *gender*?

a. Are there a defined set of responses from which to select, and if so, what are they?

b. Please provide any documents, such as notes of meetings, internal correspondence etc, recording how you determined what should and should not be included in the defined set of responses c. How is it populated for adults who lack capacity to express a view on their own gender

2. Does it include a field for the protected characteristic of *sex*?

a. Are there a defined set of responses from which to select, and if so, what are they?

b. Is it mandatory to populate this field with some value, or can it be left void/completely blank?

3. Do you have policies or procedures that have the objective of ensuring that users of your services (commissioned or provided directly) of the female sex is who require assistance with intimate care receive this from carers of the female sex. If so, please provide copies.

4. Please provide copies of any policies specific to individual Equality Act protected characteristics (excluding marriage and civil partnership) and the unprotected characteristic of gender of care workers and/or service users, i.e any policies specific individually to a. gender reassignment/trans identified care workers and/or service users b. the age of care workers and/or care workers and/or service users c. the disability of care workers and/or service users d. the pregnancy of care workers and/or service users, but there is no need to provide copies of HR employee maternity leave policies e. the race of care workers and/or service users f. the religion or belief of care workers and/or service users g. the sex of care workers and or service users h. the sexual orientation of care workers and/or service users i. the non protected characteristic of gender of care works and/or service users Please provide the information in the form of an email.

I can confirm that the information requested is held by Lincolnshire County Council (LCC). I have detailed below the information that is being released to you.

1. Yes

a. Yes, the defined set are as follows: Agender, bi-gender, demi-boy, demi girl, female, gender fluid, intersex, male, Non-binary, third gender, Trans Female, Trans Male and unknown.

b. LCC have practice guidance within the manual for adults which has a glossary of terms defining each of the responses you have listed in point a. These are also available for Adults and Children’s within the Inclusion Matters SharePoint Page

c. LCC would follow mental capacity act best interest principles and seeking guidance who know the individual the best to determine how the gender should be recorded. If uncertain this is recorded as unknown. LCC also has access to the Care Portal on Mosaic which can be referred to by practitioners which has a “gender” recorded on there

2. Yes a. Yes, the defined set are as follows: Male, Female, Unknown, Intersex b. The field is not mandatory.

3. There are no specific policies and procedures in place. Each individual is assessed for their care needs on a case-by-case basis, and care will be provided according to that assessed need in line with legislative requirements.

4. a-i. As stated in the answer to Question 3 there are no specific Council policies relating to protected characteristics.

There are details within the contract specifications relating to the subject, which are stated below. In the Homecare specification, within the contract, it states: The Provider must consider the gender and ability of the person giving assistance is such as to avoid embarrassment or discomfort for the service user and the care worker and with consideration to the Equality Act 2010. Service users may state a preference of gender and where possible this should be considered however unless there is legally justifiable reason for a particular gender of care worker, the provider is not obligated to accommodate the preference. Homecare should be delivered in a way that respects the service user's cultural, religious and communication needs and reflects all protected characteristic. See further NICE GUIDANCE 

which includes any updates and amendments. It is the Supplier's responsibility to keep up to date with any such developments. Listed below is some of the relevant legislation that the Supplier is expected to comply with and is not meant to be exhaustive:

• Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

• The Care Act 2014 • Mental Capacity Act 2005 (Deprivation of Liberty Safeguards)

• Human Rights Act 1998 • Children Act 1989 Section 17 (10) and Children and Families Act 2014

• Health and Safety at Work Act (1974) • The Equality Act (2010)

• Safeguarding of Vulnerable Groups Act 2006 • Housing Act 1996 In the Service Model section it states:

• Objectives; Acknowledge and respect individuality pertaining to protected characteristics as defined in the Equality Act 2010 thus ensuring that all service delivery to people is free from prejudice or discrimination

• The Provider will have a written recruitment and selection procedure which will include:

Evidence that equality considerations are applied to recruitment, selection and promotion In the Community Supported Living specification, within the contract, it states:

Promote equality and ensure that each individual’s uniqueness in respect of gender, sexual orientation, age, ability, race, religion, culture and lifestyle will be acknowledged and respected and used to inform support planning.