Focus on Equalities

1. Focus on Equalities Standards and Learning Effectiveness Service January 2011

2. 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.”

3. 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 sevenequality strands: age disability gender gender identity race religion or belief sexual orientation New Equality Act

4. The Act protects pupils from discrimination and harassment based on ‘protected characteristics’: Disability Race Gender/Sex Sexual orientation Gender identity Religion or belief Pregnancy and maternity Remember…there is a duty to promote community cohesion and it is this duty that can bring all these strands together in a practical way What does this mean for schools?

5. 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

6. 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 ultimatelyliable and responsible for the actions of all employees and anyone working with the authority of the school.

7. 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. -

8. 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).

9. Which case study highlights…… • Direct race or sex discrimination • Failure to make reasonable adjustments • Direct sex discrimination • Indirect discrimination based on religion • Indirect race discrimination

10. Positive action • It is never unlawful to treat disabled pupils (or applicants) more favourably than non-disabled pupils (or applicants). That is, a school is permitted to positively discriminate in favour of disabled pupils (applicants).

11. Disability Discrimination • A disabled pupil could be discriminated against in two ways: 1. Less favourable treatmentIf 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 non-disabled pupils.

12. 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

13. 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

14. 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.

15. Finally… “It isn’t just about being accessible…. it’s about wanting to be accessible” (Baroness Chapman)

16. Putting Scheme into Action! January 2011 Charlotte Papworth Equality Officer

17. 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.

18. 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

19. Keep up to date Equality and Human Rights Commission http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-education-providers-schools/ http://www.equalityhumanrights.com/advice-and-guidance/public-sector-duties/new-public-sector-equality-duty-guidance/

20. ‘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.

21. Data Quiz (Exercise) What do you know about the community and school information?

22. 1. Which is the largest minority ethnic group of pupils (in % terms) in Hastings and St Leonards? In Wealden? • 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? • 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%

23. 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? • 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

24. d) Mixed (Hastings) b) White Other (Wealden) Source: School Census, January 2009

25. 2. b) Traveller of Irish heritage

27. 3. a) 20%(Hastings) b) 5%(Wealden) Source: School Census, January 2009

28. 4. c) 53% Source: Planning and Performance Team

29. 5. c) Hastings & St Leonards Source: School Census, January 2009

30. 6. a) Eastbourne From Census 2001, ESIF

31. Participation game • 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

32. Resources • All of Us • One of Us • Cultural diversity • Gender pack • Disability images pack • Equality Exemplar Scheme for Schools • Equality Strategy for Children’s Services

33. Key points for an action plan • Collect data • Engagement/ consultation • Consolidate previous policies • Analyse intervention • Set clear objectives • Measure impact?

34. ‘The problem is not how to wipe out all differences but how to unite with our differences intact‘ Rabindranath Tagore. Belonging Project, Chailey School

35. Equality and Engagement team atiya.gourlay@eastsussex.gov.uk charlotte.papworth@eastsussex.gov.uk