Sewell Commission

Challenge racist and discriminatory actions The Commission recommends that, to aid endeavours to drive out race-based discrimination and prejudice: • the EHRC receives additional, ring-fenced funding from the government to use their compliance, enforcement and litigation powers to challenge policies or practices that either cause significant and unjust racial disadvantage, or arise from racial discrimination. • separately, Government should consider the complex issue of online abuse, and the platforms that are used to perpetuate such, as a public policy priority

Improve understanding of the ethnicity pay gap in NHS England The Commission recommends that NHS England as a whole should commission a strategic review of the causes of disparate pay and, where discrimination is pinpointed, spell out the measures that might meaningfully address it. Such a review would shine a light on the barriers to in-work progression and how to overcome them – for example, in promotion, are foreign qualifications equally validated yet informally seen as inferior? It would ask how the NHS performs on pay gaps compared with international comparators and if other metrics than pay gaps reveal barriers better.

Establish an Office for Health Disparities This Commission recommends that the government establish a new office to properly target health disparities in the UK. This Office would be an independent body which would work alongside the NHS, as part of, or in place of, the redesigned Public Health England, to improve healthy life expectancy across the UK and in all groups and reduce inequalities. As most of the causes of health inequalities (deprivation, tobacco, alcohol, unhealthy diet and physical inactivity) are not due to differences in healthcare, addressing them will involve multiple government departments and so the office would need to be cross-cutting across government. A) Increase programmes aimed at levelling up health care and health outcomes • Use existing data and evidence to target the most deprived communities for tailored health interventions, health education and communications. This function would work alongside existing local health workers and would utilise best practice examples from local authorities and public health regional offices and charities. B) Improve the data, guidance and expertise in the causes and solutions for health disparities for specific groups: • Fund further research into health conditions which adversely impact specific groups. This would include a large focus on research into health disparities relating to ethnic minorities, considering genetic and biological differences, cultural practices and social economic drivers. • Provide best practice for the inclusion of known health disparities, including those experienced by ethnic minorities, in clinical care guidelines. Work closely with the National Institute for Health and Care Excellence (NICE), and other bodies, to ensure all guidance includes information on disparities as standard. • Provide expertise in how the health of different ethnic minority groups are affected by underlying conditions, cultural and linguistic practices, geography, and occupation. This expertise would be disaggregated to avoid unhelpful grouping of different ethnicity and to ensure proper tailoring of health services.

Prevent harm, reduce crime and divert young people away from the criminal justice system The Commission wants to urgently address the disproportionate number of ethnic minority young people going into the criminal justice system as a result of low-level Class B drug possession. The Commission is not advocating or endorsing the legalisation of Class B drugs, however, it points to examples such as the Thames Valley and West Midlands Police drug diversion models to keep these young people away from gaining a criminal record, while trying to address the root cause of their drug use. The Commission recommends a multi-agency approach bringing together the College of Policing, National Police Chief’s Council, Home Office and Ministry of Justice to develop an evidence-based pilot to divert offences of low-level Class B drug possession into public health solutions. It is suggested that the pilot is trialled in 4 of the 6 police force areas where almost half (48%)2 of all arrests for drug offences took place in the year ending March 2020: the Metropolitan Police, Merseyside, West Yorkshire, and Humberside (noting that Thames Valley and West Midlands are already undertaking police drug diversion pilots). The aim is that following evaluation of the pilot by the College of Policing, a consistent approach is adopted nationally. Under this diversion scheme, individuals committing the offence of ‘possession of a Class B drug’ will automatically be considered for a drugs referral in lieu of traditional criminal justice routes. In accordance with current Out of Court Disposals guidance, individuals committing the offence must admit guilt to be eligible for this referral mechanism. The Commission also notes that information about those referred into this programme should not be disclosed to potential employers, education providers or voluntary sector organisations, in order to preserve opportunities for young people – once they have completed their course – to pursue further or higher education or employment without being held back by a criminal record. The responsibility for developing operational guidance for the new drug diversion approach should sit with the CoP, working alongside the NPCC, Home Office and MoJ, and drawing from the evidence of what has worked from models such as the Thames Valley Police pilot approach.

Build social and cultural capital – enrichment for all The Commission recommends that the Secretary of State for Education, in collaboration with the government’s education recovery commissioner, urgently consider phasing in an extended school day. Led by evidence showing the positive impact of a longer school day for disadvantaged pupils, the phasing of the extended school day should, at first instance, prioritise the most disadvantaged areas and communities. The additional hours must provide all pupils with the opportunity to engage in physical and cultural activities, including working with local activity clubs. Participation in such activities will improve pupils’ health and social capital, allowing such pursuits to be more accessible to the most disadvantaged students. Imperative for a successful extended school day is for the Department for Education (DfE) to secure ongoing additional funding allocation that will establish this recommendation as a permanent change in the way that schools operate. In order to overcome the significant operational challenges of delivering an extended school day, advice should be sought from education practitioners, parents, pupils and key stakeholders. This is a unique opportunity for DfE to improve current practices and ensure education practitioners are best equipped and rewarded for their time. Consideration should be taken on how the change in additional school hours can allow for the school day to be a different length for older years, support flexible working arrangements (which could make the profession more attractive to many), ensure staff are paid to teach the after-school time they currently deliver and retain their holiday period. This includes, for example, DfE to explore working with post-16 and post-18 institutions such as UCAS to change the application submission dates for higher education institutions, as well as Ofqual to move the GCSE and A level results days from the summer holiday. 2  Excluding British Transport Police and Greater Manchester Police. Home Office, (2020), ‘Police Powers Procedures year ending 31 March 2020: Arrests open data tables’ Available at: https://www.gov.uk/ government/statistics/police-powers-and-procedures-england-and-wales-year-ending-31-march-2020

Increase legitimacy and accountability of stop and search through body-worn video There is a strong presumption that in all police services body-worn video (BWV) cameras will be switched on if the officer is in a situation which they believe could lead to a stop and search, or as soon as it is practicable to do so during that encounter. Building on the recommendations made by HMICFRS, the Commission recommends that for instances where BWV cameras are not switched on during a stop and search, the officer is required to provide a written explanation as to why it was not switched on. Operational guidelines for this requirement should be developed by the College of Policing, and included in the authorised professional practice for stop and search. Officers must include this written explanation on the stop and search record slip, and it must be available for the individual who was stopped and searched to access following the encounter. The written explanation should be reviewed by a supervising officer to confirm whether the explanation provided is reasonable, and appropriate action should be taken where the rationale provided is of concern. This can, for example, be through performance or misconduct procedures. The BWV footage of stop and searches should also be scrutinised at 2 levels through dip‑sampling: A) First, external scrutiny through community Safeguarding Trust groups (a recommendation for the formation of these groups is found in the crime and policing chapter) who should be able to request BWV camera footage from a specified date for review. B) Second, police services must implement an internal performance framework that includes dip-sampling review of BWV footage by supervising officers. Feedback should then be given to officers conducting stop and search, and appropriate action should be taken where interactions require improvement. For example, individual officers may be directed to further training or, in most serious instances, be referred to appropriate misconduct procedures.

Empower pupils to make more informed choices to fulfil their future potential The Commission proposes improvements to the quality of, and access to, careers advice for young people from disadvantaged backgrounds. Stronger guidance should be issued by the Office for Students (OfS) to higher education institutions on funding outreach programmes and placing university outreach staff in schools to help reduce disparities in applications at an earlier stage. Funding should be informed by evidence-led practice and targeted at the Gatsby benchmarks (8 elements of good careers support) to ensure that more children are able to apply to high-tariff institutions. This funding should be evaluated and monitored to assess whether it is having an impact on application rates. If guidance from OfS does not lead to strengthened funding for such initiatives, then OfS should look to regulatory or legal changes to ensure improved access and participation to higher education institutions.

Open up access to apprenticeships The Commission recommends that the government conducts a highly-targeted apprenticeships campaign to persuade young people to do apprenticeships in growth sectors. Our view is that such a campaign could be of particular benefit to young people who face discrimination or disadvantage and currently lack access to in-depth information about the full range of career pathways. Such a campaign could use a range of mechanisms to attract young people, such as relatable young role models, employer testimonies, data on potential earnings and career progression. It could explore the impact of factors that influence a young persons’ career choices such as: parental engagement, peer influence, access to information on different career routes, employer links with students, and ‘people like me’ and be delivered in partnership with further education colleges, Jobcentre Plus, youth hubs in community spaces, and careers hubs in schools. A two-phased approach to roll out is proposed: first, pilots to be undertaken and evaluated in left-behind areas across England; and second, a national roll out of a well-evidenced, highly-targeted campaign which focuses on getting young people into a new job as part of an apprenticeship, and rewards providers for successfully achieving this. DfE and the Department for Work and Pensions (DWP) should work in partnership with the Youth Futures Foundation to: • co-fund the design of the campaign • put out a call for further education colleges working in partnership with local employers and the community to apply to be considered for pilots • commission an independent evaluation of the pilots, one which includes identifying ‘what works’ as part of its findings

Encourage innovation The Commission recommends that HSBC UK works in collaboration with universities across the UK to pilot a competitive enterprise programme that will target aspiring entrepreneurs from under-represented and low-income backgrounds. The universities that would be considered to take part in the pilot will be those who would benefit most from an increased endowment that would: 1) bolster their offer of support to aspiring entrepreneurs; and 2) further enable them to nurture entrepreneurial talent. The programme will support participants in the development of their proposals through the provision of advice, mentorship and access to networks, and provide financial backing towards the winning entrant’s enterprise. The Commission envisages that participants of the programme will form an alumni community that will act as an additional source of support. This should act as a model for other banks and financial institutions to emulate in collaboration with universities as a way to nurture talent, encourage innovation, and offer support to aspiring entrepreneurs from underrepresented and low-income backgrounds across the UK.

Improve safety and support for children at risk The Commission recommends that the Youth Justice Board (YJB), working with partners across government with expertise in child criminal exploitation, develops a digital solution that can be accessed and used by children and young people before or at the point of crisis. The government will be required to secure and deploy additional resourcing to the YJB to ensure that the YJB is appropriately resourced to deliver and implement this recommendation. The digital solution, which for example may take the form of a mobile application, text line or chatbot, will act as an entry point to signpost and refer those at risk of, or already experiencing criminal exploitation, to appropriate local organisations who can support them. The services will be driven and implemented at a local level, for example, through youth offending teams. This recommendation will help empower young people with the agency and ability to escape criminal behaviours and exploitation without the need to go to the police. The solution, based on existing technology innovations, will need to reach young people at critical points in their journey, intervening at an early stage for those at risk of criminal exploitation and preventing those already in the criminal justice system from being drawn deeper into criminality.

Undertake a ‘support for families’ review The Commission recommends that the government undertake a ‘support for families’ review to further investigate issues highlighted by this Commission as follows: • collecting data about ‘family strain’ (the negative impact of economic and social pressure on households) in different ethnic groups • academic research into cultural attitudes and parenting styles which may be distinct within ethnic communities and what role they play in shaping life outcomes • the impact of employment and working practices on parenting outcomes in different ethnic groups • more complex understandings of fatherhood in different ethnic groups that analyses similarities and differences and reasons for variance • the role culture and religion can play in family outcomes The review should also look to develop a series of actions on: • education – how early years settings and schools can provide better support services for parents, and the potential role of school-parent contracts in helping build relations between schools and parents • employment – encouraging employers to look at flexible working for single parents • crime and policing – how parents can be involved and supported to prevent youth crime, including potential for increased interactions between police and parents during out of court disposal processes • health – mental health services encouraging more family therapy and group support in the event of family breakdown, which may disproportionately benefit ethnic minority groups.

Review the Care Quality Commission’s (CQC) inspection process The Commission recommends that the Department of Health and Social Care (DHSC) commission a review into the CQC’s approach to scoring employee diversity and inclusion in their inspections. The Commission recommends that this review is chaired by an expert with close knowledge of the health care system and CQC internal processes, ideally a former inspector or inspector of an alternative inspection body. The review team should work closely with the NHS Workforce Race Equality Standard team and the disciplinary bodies of the medical professionals to ensure that the views of these bodies feed into this work.

Making of modern Britain – teaching an inclusive curriculum The Commission recommends that DfE works with an appointed panel of independent experts to produce high-quality teaching resources to tell the multiple, nuanced stories of the contributions made by different groups that have made this country the one it is today. The resources should be embedded within subjects in the statutory curriculum. These should include lesson plans, teaching methods and reading materials to complement a knowledge-rich curriculum. Using these examples, DfE, supported by the panel of experts, should design and produce a credible, high-quality, online national library that is continually updated. This online library will be available for all schools to use, complementing and enhancing the content and quality of lessons taught, so that all children can learn about the UK and the evolution of our society.

Create police workforces that represent the communities they serve The Commission recommends that the London policy to recruit locally is upscaled across all police force areas in England and Wales, with the College of Policing (CoP) developing guidance for police services on the implementation of the residency requirement. The Commission notes that the residency requirement will likely drive more significant change in specific services where both the workforces and the populations are larger. For example, in September 2020 the Metropolitan Police employed around 25% of all police officers full-time equivalent in England and Wales,3 and around 15% of the population reside there (based on the 2011 Census). This compares to police force areas such as Warwickshire or Dyfed-Powys, who employed less than 1% of all police officers and have around 1% of the population of England and Wales living there. Therefore, the guidance produced by the College will need to take into consideration the different nuances of each police force area, including circumstances where the prospective local candidates eligible to apply for a role in policing is reduced – for example, due to the age demographic of the area’s population. The Commission also suggests that police services address the pipeline of candidates applying for policing through extensive engagement and outreach with communities, for example through cadet programmes. Due consideration should also be given to incentivise new recruits to remain with their police force for a minimum period of time, to establish their careers. The progress and efficacy of the residency requirements should be monitored and evaluated at a national level by the Home Office, working in partnership with the CoP, APCC and NPCC. There is also a need for reporting mechanisms to be incorporated within this process, with HMICFRS inspecting forces on their progress in regular periods.

Equip the police service with skills to serve the needs of their local communities The Commission recommends that the College of Policing (CoP) work with police services to design and evaluate recruitment pilots that match candidates’ life skills with the needs of the communities they serve in their local areas. By September 2021, the CoP working alongside services should identify a lead for the project, and outline timelines for the progression of these pilots. Following the evaluation of the pilot, the CoP should then introduce evidence-based guidance for police services about how to include questions about life skills and local understanding into the post-assessment centre recruitment process. This guidance should include the introduction of questions into the bank of post- assessment centre questions for each police force to adapt to local circumstances. In an instance where, based on the evaluation results, the CoP is not able to progress with this recommendation, it will be required to write to the Home Secretary and the Home Office to outline the reasons why the pilots cannot be upscaled. 3  Home Office, (2021), ‘Police workforce, England and Wales, 30 September 2020: data tables’, Available at: https://www.gov.uk/government/statistics/police-workforce-england-and-wales-30-september-2020

Use data in a responsible and informed way The RDU should work with the Office for National Statistics (ONS) and the Office for Statistics Regulation (OSR) to develop and publish a set of ethnicity data standards, building on the existing Government Data Quality Framework and the Code of Practice for Statistics. Monitoring compliance against the Standards, for example through the OSR’s programme of regulatory reviews, will improve the way that data on ethnicity is assessed to be fit for purpose. The RDU should work with the OSR, DCMS and the Independent Press Standards Organisation (IPSO) to apply the ethnicity data standard across all media and public communications channels.

Disaggregate the term ‘BAME’ The Commission recommends that the government move away from the use of the term ‘BAME’, to better focus on understanding disparities and outcomes for specific ethnic groups. This recommendation is further linked to that relating to data, with the related quality improvement plans and actions necessary to make this move under a data standard or charter. A fundamental aspect of the data standard or charter will be the harmonisation of ethnicity categories in government departments and other organisations at the most detailed level, and should be promoted for use in analyses across organisations. The Commission agrees with advice provided by the RDU in that when reliable data for the full, harmonised set of classifications is not available, then the 5 aggregated groups (White, Black, Asian, Mixed and Other) can be used. It is further agreed that users should note the limitations of the analysis, in particular that data for an aggregated group (the Black group, for example) can mask differences in outcomes for detailed ethnic groups (the Black Caribbean and Black African groups, for example). Users should avoid, unless it is absolutely necessary, binary analysis for example comparing White and ‘Other than White’ because of the lack of analytical value this gives. Furthermore, if it is possible to show data for some of the detailed groups, then the RDU encourages consideration of this, a suggestion that the Commission also supports, noting that every level of disaggregation adds analytical value providing that it remains possible to draw meaningful comparisons.

Improve the transparency and use of artificial intelligence The Commission supports the recommendations of the Centre for Data Ethics and Innovation (CDEI) and calls on the government to: • place a mandatory transparency obligation on all public sector organisations applying algorithms that have an impact on significant decisions affecting individuals • ask the Equality and Human Rights Commission to issue guidance that clarifies how to apply the Equality Act to algorithmic decision-making, which should include guidance on the collection of data to measure bias, and the lawfulness of bias mitigation techniques

Bridge divides and create partnerships between the police and communities Noting the key concerns in relation to communication, transparency and consistency in approach for stop and search, the Commission makes a two-part recommendation: A) The College of Policing, working alongside the Association of Police and Crime Commissioners (APCC), and National Police Chief’s Council (NPCC), develop a minimum standard framework for community ‘Safeguarding Trust’ groups that will not only have a function to scrutinise and problem-solve alongside policing, but also to ensure there is a minimum level of engagement with communities in every police service area. The framework for the minimum standard should include, but not be limited to: • a requirement for stop and search data to be made more granular and publicly available for groups to scrutinise • a requirement for groups to be independently chaired and representative of their communities • a duty for Safeguarding Trust group minutes to be published • an ability for groups to scrutinise and hold police services to account on policing activity and disparities in stop and search, use of force, workforce mix and internal misconduct • and, an ability for groups to review stop and search authorisations made under section 60 (S.60) of the Criminal Justice and Public Order Act 1994, where police will be required to provide the Safeguarding Trust group with a rationale as to why a S.60 was authorised Once a year, Safeguarding Trust groups should write to, and receive a response from the Chief Constable and Police and Crime Commissioner to update on progress. Police forces should also be required to demonstrate how they have responded and implemented changes as a result of scrutiny or challenge by the community. Throughout the framework development phase, there should be engagement with independent experts in community engagement and scrutiny external to policing. Consideration should be given to how members of Safeguarding Trust groups are adequately enabled to undertake their roles. Where required, the Home Office should also provide support in identifying the areas where trustworthiness is low and set targets to close the confidence gap, with Mayors and Police and Crime Commissioners to publish delivery plans to achieve that improvement. Progress against these delivery plans should be presented and discussed at the Safeguarding Trust group meetings. B) Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) inspect each police service area against the minimum standard framework, reviewing police services on their efficacy, relationship building and a requirement for services to demonstrate the actions they are taking to build positive relationships with all communities within their police service area.

Improve training to provide police officers with practical skills to interact with communities The Commission recommends that the College of Policing, working alongside the NPCC and APCC, develop a strategy to improve the efficacy and implementation of stop and search, and de-escalation training, ensuring a consistent person-centred approach is taken by all police service areas. De-escalation training will be required for all new police officers joining the service, and upscaled to include all current serving officers who are expected to interact with the public as part of their role. This would be a requirement not just at the point of initial police training, but as a key aspect of continual professional development within different stages and levels of policing.

Replicate the factors of educational success for all communities The Commission recommends for the Department for Education (DfE) to invest in meaningful and substantial research to understand and replicate the underlying factors that drive the success of the high performance of pupils from different ethnicities, backgrounds and communities. For example, the level of educational success experienced by Black African, Chinese, Bangladeshi and Indian ethnic groups.

Invest in proven interventions through better targeted funding The Commission calls for the government to deploy additional funding to systematically target the entrenched and persistent disparities in education outcomes between disadvantaged pupils and their peers. It is right that in delivering this funding, the DfE should adopt a more holistic definition of need as well as consider ethnic, gender and socio-economic status. The additional funding should support proven interventions in early years, the transition between primary to secondary school, family hubs and careers provision among other key areas listed in the chapter. It is imperative for the funding to consider geographical variations, identifying disparities by regions or local areas including drilling down to individual school level where necessary. DfE should seek to avoid viewing disparities using national data which do not identify geographical variation in the performance of particular groups. For example, funding allocation should consider how to best meet the needs of specific ethnic groups from low socio-economic status backgrounds who are scoring substantially below the average for all students including White British, Black Caribbean, and Mixed White and Black Caribbean. This recommendation is not an attempt to alter the work of the recently-introduced national funding formula (NFF). The full benefits of NFF have not yet had a chance to materialise.

Advance fairness in the workplace A) The Commission calls on organisations to now move away from funding unconscious bias training. The existing training should be replaced with new interventions that when implemented, can be measured or evaluated for their efficacy, such as: • the use of sponsorship to ensure wider exposure of ethnic minority individuals to their peers, managers and other decision makers • training and routine skills support for all employees in their professional and personal lives (for example on collaboration, confidence, communication, and presentation skills), which could disproportionately benefit more disadvantaged groups B) The Commission also calls on the government to work with a panel of academics and practitioners to develop resources and evidence-based approaches of what does work to advance fairness in the workplace. The landscape of diversity training is highly mixed, and the government can play a role in guiding organisations to high quality materials and resources. These resources should include guidance for employers, and be piloted in the Civil Service to replace the use of unconscious bias training.

Investigate what causes existing ethnic pay disparities The Commission recommends that all employers that choose to publish their ethnicity pay figures should also publish a diagnosis and action plan to lay out the reasons for and the strategy to improve any disparities. Reported ethnicity pay data should also be disaggregated by different ethnicities to provide the best information possible to facilitate change. Account should also be taken of small sample sizes in particular regions and smaller organisations. To support employers undertaking this exercise, the Commission recommends that the Department for Business, Energy and Industrial Strategy (BEIS) is tasked with producing a guidance for employers to draw on.