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Equality INSET

Equality INSET. Spring 2012. What the Government means by equality. Equality can mean many different things to many different people. This strategy focuses on two principles of equality: equal treatment and equal opportunity.

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Equality INSET

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  1. Equality INSET Spring 2012

  2. What the Government means by equality • Equality can mean many different things to many different people. This strategy focuses on two principles of equality: equal treatment and equal opportunity. • It is not right or fair that people are discriminated against because of who they are or what they believe. So we need to stop that discrimination and change behaviour. • And it is not right or fair that the opportunities open to people are not based on their ambition, ability or hard work, but on who their parents are or where they live. So we need to break down the barriers that hold people back and give them the opportunities to succeed.

  3. The question that needs to be asked: • Schools must not consider current patterns of provision as fixed and ask ‘can this young person fit into our school?’ but to assume that all young people who live locally belong to the school community and ask: • How can we provide for this young person?

  4. Key Points of The Equality Act 2010 • It provides a single, consolidated source of discrimination law. It simplifies the law and it extends protection from discrimination in some areas. • As far as schools are concerned, for the most part, the effect of the new law is the same as it has been in the past – meaning that schools cannot unlawfully discriminate against pupils because of their sex, race, disability, religion or belief and sexual orientation. • The exceptions to the discrimination provisions for schools are all replicated in the new act – such as the content of the curriculum, collective worship and admissions to single sex schools and schools of a religious character. • Schools that were already complying with previous equality legislation should not find major differences in what they need to do. However, there are some changes that will have an impact on schools as follows:

  5. New Protection in Schools  • Protection against discrimination is now extended to pupils who are pregnant or have recently given birth, or who are undergoing gender reassignment. Health Related Questions for Job Applicants • It is now unlawful for employers to ask health-related questions of applicants before job offer, unless the questions are specifically related to an intrinsic function of the work. This means that schools should no longer, as a matter of course, require job applicants to complete a generic health questionnaire as part of the application procedure.

  6. Positive Action New Positive Action provisions will allow schools to target measures that are designed to alleviate disadvantages experienced by, or to meet the particular needs of, pupils with particular protected characteristics. Such measures will need to be a proportionate way of achieving the relevant aim. Previously a school providing – for example - special catch-up classes for Roma children or a project to engage specifically with alienated Asian boys might have been discriminating unlawfully by excluding children who didn’t belong to these groups.

  7. Victimisation • It is now unlawful to victimise a child for anything done in relation to the Act by their parent or sibling. Auxiliary Aids • The Act will extend the reasonable adjustment duty to require schools to provide auxiliary aids and services to disabled pupils. However this duty is not due to come into effect until a later date, following consultation on implementation and approach.

  8. Protected Characteristics It is unlawful for a school to discriminate against a pupil or prospective pupil by treating them less favourably because of their ; • sex, • race, • disability, • religion or belief • sexual orientation • gender reassignment, • pregnancy or maternity

  9. Equality Duties The three existing general and specific equality duties on schools (race, disability and gender) to eliminate discrimination and advance equality of opportunity have been combined into a single, less bureaucratic and more outcome-focused duty extending to all of the protected characteristics. Race Equality Dutyschools currently have a statutory duty which requires them to take proactive steps to tackle racial discrimination, and promote equality of opportunity and good race relations. Gender Equality Duty– schools currently have a statutory duty to promote gender equality. Disability Equality Duty – schools currently have a statutory duty to promote disability equality.) However, rather than having 3 separate policies and 3 separate action plans schools can now combine these policies and plans into one equality policy and one action plan.

  10. Unlawful behaviour The Act defines four kinds of unlawful behaviour • direct discrimination; • indirect discrimination; • harassment; • victimisation.

  11. Special provision for Disability The law on disability discrimination is different from the rest of the Act in a number of ways. In particular, it works in only one direction – that is to say, it protects disabled people but not people who are not disabled. This means that schools are allowed to treat disabled pupils more favourably than non-disabled pupils, and in some cases are required to do so, by making reasonable adjustments to put them on a more level footing with pupils without disabilities.

  12. Schools’ duties around accessibility for disabled pupils Schools and LAs need to carry out accessibility planning for disabled pupils. These are the same duties as previously existed under the DDA and have been replicated in the Equality Act 2010. Schools must implement accessibility plans which are aimed at: • increasing the extent to which disabled pupils can participate in the curriculum; • improving the physical environment of schools to enable disabled pupils to take better advantage of education, benefits, facilities and services provided; and • improving the availability of accessible information to disabled pupils. Schools will also need to have regard to the need to provide adequate resources for implementing plans and must regularly review them. An accessibility plan may also be published as part of another document such as the school development plan. OFSTED inspections may include a school’s accessibility plan as part of their review.

  13. Requirements All public bodies including schools and LAs to: • Publish separate policies or one combined policy. • Publish equality objectives every four years. • Publish information annually to demonstrate their compliance with the general Equality Duty All information must be published in a way that is accessible to the public.

  14. Next steps for staff: • Consider volunteering to join the new equality committee. • Look at draft equality policy and draft equality action plan ready for discussion at staff meeting.

  15. Next steps for Benhall: • Arrange date for sharing equality information with staff • Arrange date to provide Governors with equality information • Inform parents of Equality Act in school newsletter. • Oversee pupil response.

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