oliver dowden cbe mp minister for implementation …...applicant tracking system for all departments...

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Oliver Dowden CBE MP Minister for Implementation Cabinet Office 70 Whitehall London SW1A 2AS Our Ref: PS/1127 Lord Holmes of Richmond House of Lords London SW1A 0PW 27 June 2019 Dear Lord Holmes, As you know, my officials have been carefully considering the recommendations you made in your review Opening up Public Appointments to Disabled People. I know that my officials have been updating you on our progress, I hope those updates have been useful. I am pleased to now be able to write to you with the government’s response to your review. The government accepts the principle of all the recommendations that you have made and I set out below in more detail how the government proposes to proceed with each of them. The vast majority of actions will be implemented through the Public Appointments Diversity Action Plan (DAP), which has been updated by the government and is also published today. I am confident that this refreshed action plan is both stretching and achievable, and will benefit not only people with disabilities who wish to apply for public appointments but also other groups who are currently under-represented, so that we can improve the diversity - in its widest possible sense - of public appointees. 1. Data and transparency As your review highlights through the data you were able to collate and summarise about public appointees who consider themselves to be disabled, much more needs to be done to ensure better collection and use of data. Better data is vital as it allows the government to measure progress and the impact of interventions. Further, publication of such data, which is now carried out by the government and the Commissioner for Public Appointments, allows for the government as a whole, as well as individual departments to be challenged about performance. The government accepts the recommendation to overhaul the collection of data and has included actions 1.2, 1.3, 1.4, 1.6 in the refreshed DAP to address this. Work has already begun on making the diversity monitoring form more accessible, and we are developing a standard approach to the language used in application packs. We are working with the Commissioner for Public Appointments and departments to update and roll out an amended diversity

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Oliver Dowden CBE MP Minister for Implementation

Cabinet Office 70 Whitehall London SW1A 2AS

Our Ref: PS/1127

Lord Holmes of Richmond

House of Lords

London

SW1A 0PW

27 June 2019

Dear Lord Holmes,

As you know, my officials have been carefully considering the recommendations you made in your

review Opening up Public Appointments to Disabled People. I know that my officials have been

updating you on our progress, I hope those updates have been useful. I am pleased to now be able

to write to you with the government’s response to your review.

The government accepts the principle of all the recommendations that you have made and I set out

below in more detail how the government proposes to proceed with each of them. The vast majority

of actions will be implemented through the Public Appointments Diversity Action Plan (DAP), which

has been updated by the government and is also published today. I am confident that this refreshed

action plan is both stretching and achievable, and will benefit not only people with disabilities who

wish to apply for public appointments but also other groups who are currently under-represented, so

that we can improve the diversity - in its widest possible sense - of public appointees.

1. Data and transparency

As your review highlights through the data you were able to collate and summarise about public

appointees who consider themselves to be disabled, much more needs to be done to ensure better

collection and use of data. Better data is vital as it allows the government to measure progress and

the impact of interventions. Further, publication of such data, which is now carried out by the

government and the Commissioner for Public Appointments, allows for the government as a whole,

as well as individual departments to be challenged about performance.

The government accepts the recommendation to overhaul the collection of data and has included

actions 1.2, 1.3, 1.4, 1.6 in the refreshed DAP to address this.

Work has already begun on making the diversity monitoring form more accessible, and we are

developing a standard approach to the language used in application packs. We are working with the

Commissioner for Public Appointments and departments to update and roll out an amended diversity

monitoring form which adopts the Business Disability Forum’s inclusive terminology on defining

disability. Increasing the numbers of individuals completing diversity monitoring forms will be an

essential part of improving our data. As well as publication on the HM Government Public

Appointments website of a subtitled British Sign Language translated video of a senior leader

explaining why diversity information is collected as part of the application process and its importance

(action 1.5) we will trial - in some appointments processes - asking applicants to complete a diversity

monitoring form before their application is accepted (action 1.2). We recognise that trust and

confidence in what the data will be used for, as well as personal data concerns, need to be

considered. That is why the form will continue to include a “prefer not to say” option.

You recommended that, to help those who remain unsure how to complete the diversity monitoring

form, that the government should provide a suggested definition and list of conditions via a link to a

page on the HM Government Appointments or OCPA website. We agree that referring to a single

definition of disability in all public appointments diversity monitoring forms will both help applicants

to understand the information they are being asked for and, in turn, improve the consistency of our

data. There is more work to do to decide the best option for this. As you noted, the government

currently encourages the use of the social model of disability. We believe that this is the most

appropriate approach to use but we will work with the Business Disability Forum and other

stakeholders and publish a standard approach for public appointments by the end of October (action

1.4 in the DAP).

The government set out ambitions for ethnicity and gender diversity in public appointments in its

2017 DAP1. Setting an ambition on disabled public appointees, as opposed to a target as you

suggest, would be consistent with our approach on gender and ethnicity. It is important that ambitions

are stretching but also based on evidence. In line with your report, we aim to first improve the quality

and transparency of the data we hold, and then to use that to consider a stretching ambition. Your

suggested interim target of 11.3% is based on the civil service targets for the senior civil service.

This number was derived using data about new entrants in the period 2014-2017 and all senior civil

servants in post as at Q1 2017. This was based on individuals with known ethnicity/disability only

and did not include the level of people who prefer not to say. At the time of the civil service targets

being set, the reporting rate for disability was 82% in the senior civil service. We do not have

comparable data or evidence on public appointments where, as you note, reporting rates are much

lower (around 65%). Consequently, it would not be appropriate to set an ambition for public

appointments at this stage. Many of your other recommendations about improving data collection

and the application process will help us to strengthen the evidence base.

We will assess the quality of data in December 2020 based on progress on actions 1.1, 1.2, 1.3 and

1.4 when the government will take a decision about what its ambition on disability should be (action

1.8 in the DAP).

In addition, accepting your recommendation to explore a single online application portal and

applicant tracking system for all departments to use for public appointments (action 1.3) means that

we will be able to put better use of data - not just about disability, but a range of diversity

characteristics and about the applicant experience in the process - at the centre of all improvements.

1 Our ambition by 2022: 50% of all public appointees should be female; 14% of all public appointments should be from ethnic minorities.

The DAP sets out actions to make our commitment to transparency a reality and the government

also accepts that it is important that such data is linked to government accountability frameworks

such as Single Departmental Plans and Permanent Secretary dashboards (actions 1.6 and 1.7 in

the DAP).

2. Attracting and nurturing talent

In order to increase diversity in public appointments, we must increase the pipeline of candidates

applying for them, paying particular attention to increasing awareness amongst under-represented

groups, dispelling myths and disbanding barriers, encouraging those with the right skills from all

backgrounds to apply, and helping candidates have a positive and fair experience through the

process once they have submitted their application.

A comprehensive awareness strategy is vital to achieving this. The government will be working with

partners to design an improved awareness strategy for how we highlight what public appointments,

as well as individual roles, are about. This will incorporate actions to implement the

recommendations in your review to showcase role models and make better use of multipliers,

conduits and connectors (action 2.1 in the DAP). The government believes this will improve

connection with a broad range of potential candidates from across the UK, including those with skills

and potential from under-represented groups, professional networks and businesses. As part of this,

we will seek opportunities to establish networks for under-represented groups, including people with

disabilities, in public appointments, make the most of different media channels available to spread

the word and showcase role-models from diverse backgrounds.

The government accepts your recommendation to improve the use of executive search for public

appointments and has already issued guidance on the use of executive search firms in public

appointments campaigns, as reflected in the refreshed DAP. The guidance encourages departments

to consider using firms that have signed up to the voluntary Standard Code of Conduct that lays out

steps for search firms to follow to promote gender and ethnic diversity, and/or the Enhanced Code

of Conduct which is an accreditation based on a firm’s track record of specifically enhancing gender

balance. Departments should also consider using firms that have indicated that they follow the

Business Disability Forum’s Charter for Disability Smart Recruitment Service Providers.

The government also agrees that there is great value in formal networks and mentoring schemes

which can help potential candidates gain relevant experience and confidence and can support

existing public appointees. The government believes that there is value in exploring this not just for

disabled people but also for other groups. The DAP commits the government to piloting such

schemes with select departments and arms-length bodies and then, with positive evidence,

expanding them (action 2.4 of the DAP).

3. Application process

The government recognises that it is vital that the application process is as inclusive and

accommodating as possible so as not to put off candidates with the skills and potential to carry out

public appointment roles. Care must be taken at all stages to ensure that barriers are not placed in

the way of candidates and that there is not inadvertent self-selection or discrimination so that the

best are successful based solely on their suitability to perform the role.

The government accepts all of your recommendations about improvements to the appointments

process (actions 3.1, 3.2 and 3.3). We have already begun working with other departments on the

language used in application packs and we will work with departments to develop resources to help

public appointments teams ensure that their treatment of candidates is as inclusive as possible. We

are also exploring the feasibility of a commercial framework for supplying adjustments for interviews.

We agree that departments should be open to alternative means of assessment, which is already

allowed under the Governance Code on Public Appointments and will work with other government

departments to pilot different approaches to application and assessments (action 3.3 in refreshed

DAP), acting as a hub to share learning.

Your recommendations set out aspirations for Disability Confident ratings. Most ministerial

departments have a Disability Confident Level 3 rating. As part of that, they should therefore already

be working with their public bodies to promote those organisations also obtaining a rating. We accept

your recommendation that all bodies involved in the recruitment of public appointees should hold a

Disability Confident rating. In May, the government announced that it wants to double employers’

membership of Disability Confident to 20,000 over the next year. As part of this, the Cabinet Office

will work with the Department for Work and Pensions - the lead department for Disability Confident

- to both support other departments which sponsor public bodies also achieve a Disability Confident

rating and departments with a Level 3 rating to fulfil their commitments as leaders of Disability

Confident by encouraging their public bodies to join the scheme (action 2.3 of the DAP).

4. Interviews and beyond

You set recommendations about the kinds of innovation that departments should be looking at in the

interview and selection processes. We accept your recommendations that departments should

consider more open and innovative selection processes, including more training for panel members,

should ensure diverse panels (including disabled people) and that departments should be aware of

the impact of poorly administered adjustments. This is reflected in the refreshed DAP at actions 3.1,

3.2 and 3.3. The government also agrees that those involved in interviewing key members of the

Boards of public bodies, such as the Chairs, should contribute to the objectives of improved diversity

(action 4.5).

Conclusion

In your review, you also helpfully set out some additional areas for the government to consider, which

while outside your terms of reference were relevant to improving the diversity and quality of public

appointments. We agree that retention and remuneration are important issues and we will keep them

under consideration whilst we progress with the actions in the DAP.

Finally, I would like to thank you once again for your ongoing engagement and support to improve

both the quality and diversity of public appointments. Your review has prompted a re-think of our

approach and provided some really practical suggestions on how we can improve our efforts to

increase diversity in public appointments. The true test of commitment is not just words, but actions.

With improved data and transparency, this government and its successors will be held to account

about the progress it is actually making.

Oliver Dowden CBE MP

PublicAppointmentsDiversity ActionPlan 2019

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Contents

Foreword

Introduction

Progress made on diversity in public appointments and the current state of play

Current levels of diversity in public appointments

The Public Appointments Diversity Action Plan 2019

Objective 1 – Improving data and reporting on diversity

Objective 2 – Raising awareness and tapping into talent

Objective 3 – Improving the public appointments recruitment process

Objective 4 – Supporting and developing public appointees

Next steps

Ways to find out more

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Foreword

Improving the diversity of our public appointments is a moral imperative. In a modern Britain we cannot tolerate barriers that prevent people from serving our country because of their gender, race, religion, sexuality or disability.

But it is also a business imperative that is fundamental to the success of public bodies. More inclusive and diverse boards are more effective and better able to meet the needs of the communities they serve.

So by fulfilling the ambitions set out in this plan, we can not only help to tackle historic injustices that have held back too many people for too long, we can also help to build a better Britain and a country that truly works for everyone.

The Rt Hon Theresa May Prime Minister June 2019

Public appointees matter. They sit on the boards of public bodies which touch the lives of people across the UK. Appointees provide leadership, set strategic direction and oversee spending of £200bn a year between them.

That is why this government is committed to improving the diversity of those who take up these roles. It is essential that public appointees are truly representative of the society they serve. Diverse boards of public bodies are more effective, benefiting from fresh perspectives, new ideas, providing challenge and broad experiences. It is not only morally right to ensure greater participation from people from all walks of life, but evidence suggest that it leads to better decision-making which means improved services for all.

It is essential that Ministers and their officials in departments making public appointments all play their part in broadening access and improving the diversity and quality of appointees.

This refreshed plan sets out steps that we will be taking to help make that happen.

Oliver Dowden CBE MP Minister for Implementation Cabinet Office June 2019

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Introduction

The Role of Public AppointmentsEvery year, the government makes over 1,000 public appointments to the boards of around 550 public bodies. These organisations collectively spend over £200 billion a year and range across all aspects of public life, from reducing fuel poverty to building our motorways. Public bodies deliver vital services and enrich our culture and communities through organisations such as the National Health Service, British Museum and the Big Lottery Fund.

Public appointees provide direction and leadership to public bodies, holding senior staff to account and providing expert, independent advice. There is no standard definition of a ‘public appointment’ but typically the appointment will be for a chair or non-executive director on a board of a public body or for a member of an advisory committee.

Appointments are advertised on the HM Government Public Appointments Website, and are made by or on behalf of government ministers. Appointments are subject to a fair, open and transparent recruitment process that is overseen and scrutinised by the independent Commissioner for Public Appointments.

The role of the Commissioner, as set out in legislation,1 is to monitor how appointments are made, make sure these comply with the Governance Code for Public Appointments and investigate complaints or issues where these arise.

Ministers are assisted in their decision-making by Advisory Assessment Panels made up of an official from the relevant sponsor department for that public body, an independent member and – for competitions recruiting non-executive, non-chair members of a board – a representative from the public body concerned, usually the chair.

1 The main roles for the Commissioner are set out in The Public Appointments Order in Council 2019

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Diversity in public appointments Public appointees have an impact on every area of society. This is why it is important that they are drawn from all aspects of the society that they serve. Not only is this morally right, but will also improve the quality of our public services overall.

Boards of mixed gender, ethnicity, age, sexual orientation, faith perspectives, different experiences and backgrounds are more representative of their customers. They provide a wider range of experience, are able to produce different innovative ideas and offer a variety of viewpoints. This can help organisations make more informed decisions and ultimately improve the quality of the service and advice that they offer.

Having a diverse board at the top of an organisation can also send a powerful message to employees. Diverse leaders are strong role models. Having a diverse non- executive team can signal a commitment to creating a more inclusive organisation and help breakdown unconscious biases within existing board members.

For these reasons the government is committed to increasing the levels of diversity among public appointments and has set ambitions for 50% of all public appointees to be female and 14% of all public appointments to come from ethnic minority backgrounds by 2022.

The Governance Code sets out the Commissioner for Public Appointments’ role as an active advocate for diversity and the Commissioner works with government to encourage candidates from a diverse range of backgrounds to consider applying for public appointments. The Commissioner reports on an annual basis on progress with increasing diversity in public appointments.

Lord Holmes’ review on Opening up Public Appointments to Disabled PeopleFollowing on from the Public Appointment Diversity Action plan 2017, the government commissioned Lord Holmes of Richmond to undertake a review into the barriers preventing disabled people taking up public appointments. He reported back with his recommendations in December 2018.

Lord Holmes said in his review that as a country, we must seek to “enable and empower all of our talent”. Too much of our talent has often been wasted and ignored.

That means we should not only focus on protected characteristics, important as they are. Greater diversity is also about diversity of thought and experience. If we do not use all the talent available, we are missing a huge pool of expertise that could greatly enrich public service delivery.

Although Lord Holmes’ review focused on disabled people, many of his recommendations could benefit all under-represented groups. With this in mind, we have chosen to act on the recommendations set out by Lord Holmes through refreshing the Public Appointments Diversity Action Plan 2017 to bring greater levels of equality to the services we care about.

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Progress made on diversity in public appointments and the current state of playThe Public Appointments Diversity Action Plan 2017 set out the business and moral case for inclusive and diverse boards of public bodies. Since 2017, we have taken the following steps to open up public appointment opportunities to those from under-represented groups:

Commissioned Lord Holmes to take forward the recommendation to carry out a review of the barriers preventing disabled people taking up public appointments (reported in December 2018)

Developed a public appointments LinkedIn page, to foster peer-to-peer networking and career progression

Issued guidance to departments about the use of executive search firms to ensure diversity is a key outcome

Continued to work collaboratively with sponsor departments to help them improve individual campaigns

Implemented a new data collection tool which is starting to give us more real time information on diversity outcomes in recruitment campaigns

Started work with the Commissioner for Public Appointments and departments to update and roll out an amended, accessible diversity monitoring form

Revised letters with updated guidance for Advisory Assessment Panel members reminding them of their responsibilities in relation to diversity, which we will begin trialling shortly

Published an enhanced Code of Conduct for Board Members that sets out expected standards of behaviour of board members with regard to their treatment of the public and staff. This adds a new commitment for boards to support the overarching government agenda of promoting more diverse public sector organisations and boards, which properly reflect the populations they serve

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2

Worked collaboratively to publish and promote a range of videos showcasing diverse appointees on social media

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Run a series of events hosted by Ministers and senior officials to promote opportunities to new audiences

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Current levels of diversity in public appointments

Figure 1: Diversity of public appointees (where declared) in post as 31st March 2018

43%women

10%Ethnic minority 5%

disabled

100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

0%

100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

0%

2013/14 2014/15 2015/16 2016/17 2017/18

8%8%

39%

5%8%

45%

4%8%

45%

6%8%9%

46% 48%

7%

Women Ethnic minority Disabled

Figure 2: Appointments and reappointments made between 2013/14 and 2017/18

Figure 1 shows that of public appointees in post on 31st March 2018 (where declared), 43% were women, 10% were from ethnic minorities and 5% were disabled.

Figure 2 shows that between 2015/16 and 2017/18, the number of appointments (including re- appointments) made to women rose from 45% to 48% and to those

with a declared disability from 4% to 7%. Appointments to candidates from an ethnic minority background (where declared) rose from 8% to 9% between 2015/16 and 2016/17, but subsequently fell back to 8% in 2017/18.

While this shows some progress, there is still more to do; we have not yet reached our ambition of 50%

of public appointments being held by women or 14% of appointments made being from ethinic minority backgrounds. Similarly, in 2018 only 5% of public appointments were held by disabled people.

We have therefore undertaken a refresh of the Public Appointments Diversity Action Plan 2017 to take into account the recommendations made

by Lord Holmes and to ensure that public bodies are better able to attract and appoint truly diverse boards. This work on improving the diversity and quality of public boards supports the government’s commitment to tackle the disability gap and the injustice of disability discrimination. It builds upon the government’s wider work on equality, including gender equality and race disparity.

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To improve the consistency and

reliability of the data that we hold about

public appointments, so we can see where we

are making a difference and where further focus

is needed

To grow the pool of candidates

who know about public

appointments and where to apply

To ensure appointees have the support they need to flourish

To ensure that the recruitment process helps select the best

candidates

Improving data and reporting on diversity

Raising awareness and tapping into talent

Improving the public appointments recruitment process

Supporting and developing public appointees

The Public Appointments Diversity Action Plan 2019: Our four new objectives

1 2 3 4

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1 Improving data and reporting on diversity

To improve the consistency and reliability of the data that we hold about public appointments, so we can see where we are making a difference and where further focus is needed

We will therefore take forward a range of actions to improve the transparency of the public appointments made. We want to help people understand why we ask for information and how it will be used, so that they feel safe in disclosing it. This will help us collect better quality data so that the government – and the public – can see how we are doing.

We need to be confident about the data that we hold about public appointments. Better data will allow us to identify areas where we have become more diverse and take targeted action on the areas that have not shown sufficient progress. Alongside this, departments need better management information so that they can understand their performance in-year and focus their efforts.

Lord Holmes’ review has also reinforced the need for strong, reliable data. Without this we are unable to clearly see what practices may be having an unfair impact on certain groups and cannot establish whether changes are making a real difference. Robust data will allow informed, evidence-based actions to be taken to truly open public appointments to all.

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Case Study 1: Department of Education – Increasing sharing of diversity data

Following the Lord Holmes Review, it was highlighted that the Department for Education held diversity data for only 34% of the public appointees who sit on boards of their sponsored arms-length bodies. The department aims to collect this data at the application stage of the recruitment process but it does not require candidates to complete a diversity monitoring form before their application is accepted.

To address gaps in the data, the department launched a disclosure campaign, contacting all appointees by email and asking them to complete a brief online survey. This clearly stated why this data is collected, acknowledged a desire to increase the diversity of public appointees in the Department’s

sponsored public bodies and reinforced their commitment to address this by building an inclusive, accessible and open environment that maximises the talents of all.

Questions in the survey were the same as those used in diversity monitoring forms and respondents were offered a “prefer not to say” option for all questions.

Within a week, 50% of public appointees had completed the survey. A follow up email to appointees who had not responded resulted in a further increase to 80%.

The department is now reviewing how to engage the remaining 20% who have not completed the survey.

This anonymised information, shared by public appointees, has given the department a much better understanding of the diversity of existing boards and where it could target future recruitment campaigns to ensure that appointees are drawn from as wide a range of backgrounds as possible.

On the back of this campaign the department is holding meetings with appointees to receive feedback on their experience of the recruitment process and is also discussing how the Department can improve their outreach.

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1.1 Publish diversity data annually, split by department, breaking that down as far as possible into different categories of interest such as gender, ethnicity and disability while ensuring individuals cannot be identified from anonymised data. We expect the quality of this data to reflect improvements in data collection over future years.

1.2 We will review our existing mechanisms for collecting annual diversity data and change the way this data is collected and presented for both new and existing appointments in 2019 and in future years. This includes:

a. amending the diversity monitoring form;

b. trialling ways of increasing completion rates, including asking applicants for some roles to complete the form before their application is accepted (whilst ensuring that the form continues to allow candidates to select a “prefer not to say” option); and

c.

We will achieve Objective 1 through the following actions:

1.4 By October 2019, we will collecting and publishing, in anonymised form, the diversity data of appointable candidates submitted to ministers by Advisory Assessment Panels.

These measures should, in turn, improve the data that is published. We will review the impact of these actions and decide whether to roll them out further by December 2020.

1.3 We are exploring the introduction of a single online application portal for public appointments alongside an improved website to provide greater functionality and features which assist in data collection and support public appointees to undertake their roles. We will complete scoping/discovery work by December 2019. This scoping work, alongside the consideration of further funding, will inform a final decision by March 2020 on a single application portal and improved website.

testing the feasibility of

standardise the language used on diversity monitoring forms and in application packs, for public appointments with input from departments and stakeholders (including the Business Disability Forum). As part of this, we will agree a single definition of disability for all public appointments diversity monitoring forms.

1.5 By December 2019, we will publish on the HM Government Public Appointments website a subtitled British Sign Language translated video of a senior leader explaining why diversity information is collected as part of the application process and its importance. The video will also explain how to request appropriate adjustments and give some information about Disability Confident and what this means.

1.6 The government’s published ambitions for 2022 on diversity in public appointments set out

in the Public Appointments Diversity Action Plan 2017 will be retained. We have ensured that those ambitions are reflected in all departments’ Single Departmental Plans for 2019/20 and that they will continue to feature in the following years’ plans.

1.7 To strengthen delivery against the ambitions on diversity in public appointments, we will ensure that public appointment diversity data is included in the dashboards used as part of Permanent Secretaries’ appraisals by April 2020.

1.8 As the data improves, we will review setting an ambition on disability alongside the ambitions on gender and appointments to those from ethnic minority backgrounds. We will assess the position in December 2020 based on progress on actions 1.1, 1.2 and 1.3, when the government will take a decision about what its ambition on disability should be.

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2 Raising awareness and tapping into talent

As the diversity of our society continues to increase, so should the composition of the boards of public bodies. To achieve this we must do all that we can to ensure that all sectors of our society know about the opportunities to join public bodies.

We must engage with this talent so that they are able to bring their considerable skills and experiences to help public bodies improve.

We will therefore undertake activities that showcase the true diversity of our society, illustrating how individuals from a wide variety of different groups are already making a significant difference to the running of our public bodies.

To grow the pool of candidates who know about public appointments and where to apply

We will aim to dispel myths and promote opportunities to encourage applications from all individuals with the skills and experiences needed; regardless of their faith, the colour of their skin or where they grew up.

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The landscape of public bodies is diverse. There are around 550 organisations delivering services across a vast range of professional fields.

In some cases, the skills and expertise needed for public body leadership in more specialist fields (such as medicine, science, aviation, engineering and law), may require some board members to have targeted professional skills and/or experience. The specialist skills required can reduce the pool of potential applicants and mean that organisations therefore need to think even more creatively about how they drive up diversity and inclusion.

The Law Commission was created in 1965 to keep the law under review and recommend reform where needed. The Board consists of a Chair, four other Commissioners, the Chief Executive, and two Non-Executive Board Members. Commissioners must be legally qualified and serve for terms of either five or ten years.

Due to this specialism, the Commission has recognised that its recruitment pool may be more limited than is the case for other public appointments. Nevertheless, it is also acutely aware of the need to be representative of the communities it covers. The organisation is therefore keen to look to as broad and diverse a pool of talent as possible to

Case Study 2: The Law Commission’s Diversity Scheme

find Commissioners of the future. This is why in late 2018, the Commission launched ‘The Commissioner Diversity scheme’, designed to offer work shadowing opportunities to those from under-represented backgrounds.

The scheme is in its infancy, but is working to give potential candidates an opportunity to experience the role – whether this be observing a board meeting, a coffee with current commissioners or taking part in appropriate legal research and scrutiny. The long term aim is to help candidates from broad backgrounds who might not normally apply consider putting themselves forward for the role of a Commissioner, whether now or in the future.

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2.2 By March 2020, we will have completed development of materials, available in a range of formats, for aspiring or former applicants to break down, explain and ‘myth bust’ the expectations of the public appointment application process and provide helpful tips. This will include guidance on CV writing, advice on developing a statement of suitability and general support on things to expect during the process. This approach will help open up public appointments to people from all backgrounds.

2.3 The majority of Ministerial departments have a Disability Confident Level 3 rating. They should therefore already be working with their public bodies to promote this. In May, the government announced that it wants to double employers’ membership of Disability Confident to 20,000 over the next year1. As part of this the Cabinet Office will work with the Department for Work and Pensions in supporting:

a. other departments which sponsor public bodies to also achieve a Disability Confident rating; and

b. departments with a Level 3 rating to fulfill their commitments as leaders of Disability Confident by encouraging their sponsored public bodies to join the scheme.

2.4 By July 2020, working jointly with the Public Chairs Forum and the Commissioner for Public Appointments, we will set up a standalone mentoring pilot in a number of departments. This will draw on the experience in Northern Ireland. The pilot scheme will focus on targeting and supporting ‘near-miss’ candidates, particularly those from under-represented groups, in an effort to assist them to secure a public appointment. As part of this pilot we will explore offering experiential board opportunities to develop board exposure and experience. We will assess the success of the pilot a year after it is launched to determine how we may roll out a sustainable mentoring offer. In parallel we will also develop plans for how we might extend any mentoring pilot to aspiring applicants from under-represented groups.

2.1 From December 2019, we will work with partners to improve awareness of public appointment opportunities so that the government engages more effectively with a broad range of potential candidates from across the UK, including talented individuals from under-represented groups, professional networks and businesses. As part of this, we will build stronger links with existing networks and organisations to help us reach those under-represented groups. Our approach will include a plan to showcase role models. In the meantime we will continue to use role models to support specific events.

1The Future of the Labour Market, Amber Rudd

We will achieve Objective 2 through the following actions:

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3 Improving the public appointmentsrecruitment process

Having encouraged the brightest and the best from all walks of life to apply for public appointments, we must ensure that our appointment processes do not include any unfair barriers that may prevent them from successfully joining our public bodies.

Using fair selection procedures and allowing reasonable adjustments will enable the selection of those with the attributes and experiences that we need to support our public bodies. Improved outcomes for under-represented groups will also help to encourage greater diversity in the future as potential candidates see more and more people similar to themselves on the boards of public bodies.

To ensure that the recruitment process helps select the best candidates

To do this we will share good practice and trial different ways of working to create fairer assessment processes. We will push for greater consistency across public bodies and increase awareness of issues that may disproportionately impact on certain groups.

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The Ministry of Justice recognises the importance of having a group of talented and diverse individuals as independent panel members on its Advisory Assessment Panels. This supports its wider efforts to better reflect the diversity of its public appointees.

Since 2011, the Ministry of Justice has built a pool of individuals from a range of sources, such as:

• Independent panel members from the Judicial Appointments Commission (JAC);

Case study 3: Ministry of Justice – Independent Panel Member Pool

• People nominated by stakeholder organisations who were approached to build relationships between themselves and the department;

• Potential candidates who expressed an interest in recruitment but were not in the position to apply for an appointment;

• Nominations by Ministry of Justice Non-Executives;

• Those who had reached the end of an appointment and were interested in continuing to be involved in the work of the department; and;

• Three individuals who spoke at the launch event for the publication of Lord Holmes’ review.

Building the pool has allowed the Ministry of Justice to add recruitment knowledge and diversity to its panels. This brings specific benefits, such as:

• Having panels which reflect the diversity of the community and candidate pools;

• Bringing robust challenge to the views of what makes a good public appointee; and;

• Giving the independent panel members an experience which could benefit their own aspirations for becoming a public appointee in the future.

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3.1 Starting in November 2019, we will produce a series of guidance and resources to help sponsor departments improve the inclusivity of their appointment processes. This will include:

a. tips and suggestions for increasing diversity recording rates (informed by the trial work we commit to undertake at Action 1.2b);

b. ways to produce accessible application packs and provision of standard, positive language on disability;

c. setting out the importance of ‘candidate experience’ and ways to improve this;

d. best practice use of Disability Confident;

e. sign posting existing online accessibility and diversity toolkits and resources; and,

f. approaches to adjustments for interview.

We will keep this guidance under review, add guidance on further topics if needed and learn from the use of ‘Success Profiles’1 in civil service recruitment.

3.2 As part of our work to produce the guidance at 3.1(f), by April 2020, we will explore the feasibility of developing a commercial framework for providers who can supply adjustments during and after the assessment process.

1 Success Profiles are the new recruitment framework used within the Civil Service.

We will achieve Objective 3 through the following actions:

3.3 During 2021, we will run pilot schemes to test and evaluate new innovative approaches to the application process such as diverse Advisory Assessment Panels, alternative forms of application and alternative means of assessment. We will review the impact of these measures after a year and decide whether to roll them out further, or to trial alternative approaches.

3.4 By September 2019 we will refresh the approach to reappointments to ensure that ministers are provided with comprehensive advice that fully takes into account considerations on the diversity, skills mix and stability of boards.

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Having placed an emphasis on attracting and appointing diverse talent through objectives 1-3, we must also make sure this talent is retained; that individuals are enabled to flourish and grow within their new appointments. For this to happen, new public appointees should be able to expect on-going training, support in the right places and that government is acting to keep organisations accountable.

Enabling on-going training is crucial to harness and build on the skills, perspectives and fresh ideas from new appointees to help public bodies improve the services and advice they deliver. New appointees should be offered robust induction training on public governance and talent should be tracked and managed throughout their career journey.

Often some of the best professional support is given through relationships. Existing talent and experience among public body

leadership is vast. Building on established networks, we want to continue to foster opportunities for peer-to-peer support, for example through coaching and/or mentoring, and allow organic positive relationships to grow between new appointees and experienced senior leadership.

Lastly, new appointees must feel confident that the organisation they are entering will demonstrate on-going support for diversity and review corporate ways of working to enable it to thrive. As government, we must work with our sponsor departments and external partners to keep our public bodies accountable; ensuring flexible work environments, that practices are inclusive and that innovation and challenge from diverse viewpoints are encouraged.

To ensure appointees have the support they need to flourish

4 Supporting and developing public appointees

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Building on the success of the NHS Improvement’s NExT Director Scheme, in October 2018 the newly merged NHS Improvement and NHS England launched their ‘Aspirant Chair Programme’.

The Aspirant Chair Programme offers non-executive directors who are from an ethnic minority and/or women, currently serving on the boards of NHS trusts and NHS foundation trusts, one-to-one shadowing and coaching opportunities with experienced Chairs.

Upon its launch the scheme attracted 55 applicants, and 32 successful candidates demonstrating potential for future chairship were matched with a mentor. The scheme is flexible and largely candidate led; allowing the ‘aspirant’ and

Chair to develop opportunities and appropriate experience relevant to the role. This is supplemented by a quarterly networking and development event run by NHS Improvement and NHS England, showcasing best practice and providing supplementary training and support.

From the 2018 cohort, Cathy Elliot was appointed to the role of Chair of Bradford District Care NHS Foundation Trust in May 2019, commencing the role in September 2019.

Case study 4: NHS England and NHS – Improvement ‘Aspirant’ Chair Programme

When joining the scheme, Cathy had served as a Non Executive Director with Tameside & Glossop Integrated Care NHS Foundation Trust in Greater Manchester for two years, building on a past career in voluntary sector senior leadership and national charity Board roles. Her current portfolio of work includes the continuation of a Ministerial appointment as an independent Chair for a national funding programme with the Department for Transport as well as her new NHS Chair role.

I was delighted to be invited to join the NHSI Aspirant Chair programme. The variety of support and information provided was very welcomed, including an engaged mentor, tailored articles, regular seminars with expert speakers and direct support when applying for a role. Learning from the lived experience of current and past NHS Chairs balanced with the results of quality research gave helpful insights into the reality and expectations of being a Chair. My experience of this multifaceted programme has been valuable in gaining the right support to become a Foundation Trust Chair.

Cathy Elliot, Incoming Chair of Bradford District Care NHS Foundation Trust

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4.1 We will deliver induction training for new non-executive directors, launching in April 2020. This will help to ensure that all new public appointees understand the unique context of public governance and the expectations/opportunities of the role.

4.2 Also starting in April 2020, we will set up a pilot in a small number of departments to arrange for new board members, as part of their induction, to have a one-to-one session with an experienced Chair or board member of a public body. These sessions could form the start of an informal, supportive coaching relationship that will help new board members be confident and productive in their roles. We will assess the success of the pilot a year after it is launched to determine whether to expand this into a more structured coaching offer.

4.3 Working closely with sponsor departments, public body executives and Chairs, we will clarify expectations of board appraisals within public bodies by December 2020.

4.4 By the end of 2019, we will set up an online peer-run network open to all public appointees, but specifically aimed at newly appointed non-executive members, to connect and build the community. Once this network is established, we will build our connection with them and each other through networking events and facilitating the creation of diverse peer-run subgroups. Providing there is sufficient interest, the first networking event will take place by August 2020.

4.5 Working across all key partners including sponsor departments, public bodies, networks, membership groups, and the voluntary sector we will create an Inclusive Boards Charter by June 2020.

We will achieve Objective 4 through the following actions:

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Next steps

Annual Monitoring ReportIt is the government’s ambition that, taken together, these four objectives and the actions contained within them will help make a meaningful impact on the levels of diversity in public appointments. However, this ambition is not a static one; the government recognises that it must continue to work with all parties to both monitor the impact of our 2019 commitments and explore what more needs to be done. Better data will help us to understand the diversity of those applying for public appointments and where we may need to take further action to ensure these opportunities are open to talented people from all backgrounds.

Therefore, in order to regularly monitor progress in the data reporting and measure impact, we will publish an annual monitoring report on the Diversity Action Plan. Not only will this capture the annual stock of public appointments, it will provide an update on the commitments outlined in this document. The Commissioner for Public Appointments plays an important role with his independent reports and commentary on the data alongside this.

Further workAlongside our work to deliver the actions in this document, we will continue to explore wider issues that remain within the public appointment process. For example, building on from our work to improve data reporting set out in Objective 1, we will consider how to test improved succession planning models and how a better management and sharing of talent pipelines across government may increase diversity in public appointments.

In addition, we will undertake further exploratory work on remuneration for public appointees, with the understanding that a clarified and consistent approach to pay, adjustments and expenses may attract, and continue to support, diverse applicants.

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Ways to find out more

The Cabinet Office supports all government departments in the appointment of individuals to the boards of public bodies and other types of public appointment, from Commissioners to Ombudsmen.

The Cabinet Office provides leadership and guidance to departments on the appointments process, supporting them to operate in line with the Governance Code, and work hard to increase the quality and diversity of candidates applying for and successfully taking up appointments.

Public appointments for all government departments are advertised on the HM Government public appointments website alongside further information about the public appointments process and insights from public appointees. You can register on the website to receive a fortnightly newsletter and alerts about public appointments of interest to you.

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