Focus on Equalities
Standards and Learning Effectiveness
Service
January 2011
New Equality Act
“The Equality Act 2010 replaces the existing
anti discrimination laws with a single Act. It
simplifies the law, removing
inconsistencies and making it easier for
people to understand and comply with it. It
also strengthens the law in important ways
to help tackle discrimination and
inequality.”
New Equality Act
• There are three
separate duties for
race, disability and
gender but they are
similar in their spirit
and intention.
• In the new Equality Act,
these three duties have
been harmonised into
one new duty, which
will cover all seven
equality strands:
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•
•
•
•
•
•
age
disability
gender
gender identity
race
religion or belief
sexual orientation
What does this mean for schools?
The Act protects pupils from discrimination and
harassment based on ‘protected characteristics’:
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•
•
•
•
•
•
Remember…there is a
Disability
duty to promote
Race
community cohesion
Gender/Sex
and it is this duty that
Sexual orientation
can bring all these
Gender identity
strands together in a
Religion or belief
practical way
Pregnancy and maternity
The categories of people covered by the
schools provisions are:
• prospective pupils (admissions)
• pupils at the school; including exclusions
• in some limited circumstances, former
pupils
The Equality Act 2010 also prohibits schools
from harassing or victimising these groups
of people
Equality Act and schools…
• All schools are covered, including pupil
referral units. The "responsible body",
which is normally the governing body, of a
school is ultimately liable and
responsible for the actions of all
employees and anyone working with the
authority of the school.
DDA Definition of Disability
• “A person has a disability if he or she has
a physical or mental impairment that has a
substantial and long-term adverse effect
on his or her ability to carry out normal
day-to-day activities.”
(Disability Discrimination Act)
• There is no need for a person to have a
medically diagnosed cause for their
impairment; what matters is the effect of
the impairment not the cause.
What is discrimination?
Unlawful discrimination is defined in the Act
as:
• Direct discrimination (including
discrimination based on perception or
association).
• Indirect discrimination.
• Discrimination arising from disability.
• Failure to make reasonable adjustments
(for disabled people).
Which case study highlights……
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•
•
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Direct race or sex discrimination
Failure to make reasonable adjustments
Direct sex discrimination
Indirect discrimination based on religion
Indirect race discrimination
Positive action
• It is never unlawful to treat disabled pupils
(or applicants) more favourably than nondisabled pupils (or applicants). That is, a
school is permitted to positively
discriminate in favour of disabled pupils
(applicants).
Disability Discrimination
• A disabled pupil could be discriminated against
in two ways:
1. Less favourable treatment
If a school treats a disabled pupil or prospective
pupil less favourably than another because of
his or her disability without justification, they may
be breaking the law.
2. Failing to make a "reasonable adjustment"
Schools can also be found to have discriminated
where they have failed to take "reasonable
steps" which leads to disabled pupils and
prospective pupils being placed at a
"substantial disadvantage" compared to nondisabled pupils.
When do you need to make reasonable
adjustments?
In pairs, discuss ways in which you or your
school has made reasonable adjustments for:
•Pupils
•Accessibility to buildings
•Accessibility to curriculum
•Staff
•Parents
Duties for schools…
• Produce an Accessibility Plan to ensure
equal access to the physical environment,
curriculum and information
• Remember…there is a duty to promote
community cohesion and it is the element
that brings all these strands together
• Ofsted will inspect and report on all
these statutory duties – Remember
Equality & Diversity is one of 3 limiting
judgements
5 key steps to help achieve better outcomes
and meet the duties:
• Gather information on how your work affects
different racial groups, disabled people and men
and women, including transsexual men and
women.
• Consult all stakeholders, and involve disabled
people.
• Assess the impact of your policies and practices.
• In the light of this evidence decide what your
priorities for taking action should be.
• Take the action that will deliver the best
outcomes in equality.
Finally…
“It isn’t just about being
accessible….
it’s about wanting to be
accessible”
(Baroness Chapman)
Putting Scheme into Action!
January 2011
Charlotte Papworth
Equality Officer
Equality duties
• Schools are currently bound by the three
separate duties for race, disability and gender
• Equality Act will introduce a single public sector
duty in April 2011 which will apply to all protected
characteristics
• Carry out Equality Impact Assessments to
assess whether our existing or new policies and
practices have a differential impact on specific
minority or marginalised groups.
Equality Act 2010
The single public sector duty will require all
public authorities, including schools to:
• Eliminate discrimination, harassment and
victimisation
• Advance equality of opportunity
• Foster good relations between groups
Keep up to date
Equality and Human Rights Commission
http://www.equalityhumanrights.com/adviceand-guidance/guidance-for-educationproviders-schools/
http://www.equalityhumanrights.com/adviceand-guidance/public-sector-duties/newpublic-sector-equality-duty-guidance/
‘Children and young people have the right
to participate in decision-making that
is relevant in their lives and to influence
decisions taken within the family, the
school or the community that affect them.’
Article 12 of the United Nations Convention
on the Rights of the Child (UNCRC)2.
Data Quiz (Exercise)
What do you know about the community and
school information?
1. Which is the largest minority ethnic group of pupils (in
% terms) in Hastings and St Leonards? In Wealden?
a) Chinese b) White Other c) Black d) Mixed e) Asian
2. Which ethnic group (pupils) has the highest proportion
of its population living in the poorer areas of East
Sussex?
a) White British b) Traveller of Irish heritage c) Mixed
d) Pakistani
3. What percentage of pupils in Hastings & St Leonards
are eligible for free school meals? In Wealden?
a) 20% b) 5% c) 60% d) 40%
4. 21% of pupils eligible for Free School Meals achieve 5
A*-C at GCSE. What % of pupils not eligible for FSM
achieve these grades?
a)75% b) 25% c)53% d) 40%
5. Which area has the highest proportion of pupils with
Special Educational Needs?
a) Rother b) Lewes c) Hastings & St Leonards
d) Wealden
6. Which area has the largest population of Muslims?
a) Eastbourne b) Hastings c) Lewes d) Rother d) Wealden
1.
d) Mixed (Hastings)
b) White Other (Wealden)
% Pupils
Minority Ethnic Groups by Children's Services Planning Groups 2009
5.0%
4.5%
4.0%
3.5%
3.0%
2.5%
2.0%
1.5%
1.0%
0.5%
0.0%
Bexhill & Rother
Eastbourne
Hastings & St
Leonards
Lewes
Wealden
White Other
Mixed
Asian
Black
Chinese
Any Other Ethnic Background
Refused
Information Not Yet Obtained
Source: School Census, January 2009
ny
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e
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se
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(M
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se
x
20
09
A
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le
Tr
av
% of Pupils
2. b) Traveller of Irish heritage
% of Pupils in the 30% Most Deprived SOAs by Ethnicity
70%
60%
50%
40%
30%
20%
10%
0%
Source: School Census (January 2009)
Note*: Minority Ethnic (ME) includes all pupils classified as
belonging to an ethnic group other than White British
3. a) 20%(Hastings)
b) 5%(Wealden)
% of Pupils Eligible for Free School Meals by CSPG
100%
Pupils
80%
60%
40%
20%
0%
Eligible
Bexhill & Rother
Hastings & St Leonards
Wealden
Source: School Census, January 2009
Not Eligible
Eastbourne
Lewes
4. c) 53%
Key Stage 4 2009 - % of Pupils Achieving 5+A*-C Grades (inc
English and Maths) at GCSE by Eligibility for Free School Meals
60
53
50
%
40
30
21
20
10
0
FSM
No FSM
5+ A*-C inc English and Maths
Source: Planning and Performance Team
5. c) Hastings & St Leonards
% of Pupils with Special Education Needs (SEN) by
CSPG
90%
80%
70%
Pupils
60%
50%
40%
30%
20%
10%
0%
Statemented
Bexhill & Rother
Source: School Census, January 2009
School Action Plus
Eastbourne
School Action
Hastings & St Leonards
None
Lewes
Wealden
6. a) Eastbourne
17.4
29.4
Eastbourne
Hastings
Lewes
18.2
Rother
Wealen
13.4
21.1
From Census 2001, ESIF
Participation game
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Girls are no good at sport
All boys muck about in class
All children should do as their told
Dyslexic children aren’t clever
It’s a good idea to have a school uniform
Resources
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All of Us
One of Us
Cultural diversity
Gender pack
Disability images
pack
• Equality Exemplar
Scheme for Schools
• Equality Strategy for
Children’s Services
Key points for an action plan
• Collect data
• Engagement/ consultation
• Consolidate previous policies
• Analyse intervention
• Set clear objectives
• Measure impact?
‘The
problem is not how to wipe
out all differences but how to
unite with our differences intact‘
Rabindranath Tagore.
Belonging Project, Chailey School
Equality and Engagement team
[email protected]
[email protected]
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