1. Equality Act: Governors Briefing with a focus on black and minority ethnic children and young people Yaa Asare - Mosaic Sam Beal - Standards and Achievement Team, BHCC Sarah Berliner - Ethnic Minority Achievement Service, BHCC Vannessa Crawford - Black and Minority Ethnic Young People’s Project

2. Equality Act Briefing By the end of the workshop governors will be: knowledgeable about school and governor duties under the Equality Act; including the need to show ‘due regard’ aware of the achievement and experiences of black and minority ethnic children and young people in Brighton & Hove schools able to ask questions in governing body meetings that will support the school to continue to narrow or close any attainment gaps and prevent racism and racist and religiously motivated incidents and bullying aware of support available to schools in developing this aspect of their work

3. Groundrules Respect diversity of group and rights to express different views Challenge appropriately, explore assumptions and misunderstandings Confidentiality Support participation of others

4. Equality Act 2010 The Equality Act 2010 replaces all existing equality legislation and provides a single consolidated source of discrimination law. All schools (irrespective of their status) have obligations under the Act. The ‘responsible body’ is liable for any breaches of the Act unless it can show that it took ‘all reasonable steps’ to prevent discrimination, harassment or victimisation.

5. Equality Act 2010 The “responsible body” is the governing body or the local authority for maintained schools in England and Wales, the education authority in the case of maintained schools in Scotland, and the proprietor in the case of independent schools, Academies or non-maintained special schools. In practice, any persons acting on behalf of the responsible body – including employees of the school – are liable for their own discriminatory actions, and the responsible body is also liable unless it can show that it has taken all reasonable steps to stop the individual from doing the discriminatory action or from doing anything of that kind.

6. Equality Act 2010 - schools as employers All employees of the school are protected from discrimination on the basis of: Age Disability Gender reassignment Marriage or civil partnership Sex Sexual orientation Pregnancy & maternity Race Religion or belief 1Direct discrimination  discrimination based on association or  discrimination based on perception 2Indirect discrimination 3Harassment 4Victimisation

7. Equality Act 2010 - Schools as service providers Service users, governors, and members of the public who use and find themselves on school premises are covered by the Act. Wherever a disabled person is placed at a substantial disadvantage in comparison to a non-disabled person, the duty to make reasonable adjustments will arise. If school premises are used by other organisations to run activities or provide services which are not connected with the school, then it would not be responsible for the activities or services provided.

8. Equality Act 2010 – schools as education providers The Act makes it unlawful to discriminate against, harass or victimise a pupil or potential pupil with protected characteristics… In relation to admissions In the way it provides education In the way it provides pupils access to any benefit facility or service or By excluding a pupil or subjecting them to any other detriment

9. Groups of pupils Ofsted disabled pupils, and those with SEN those with protected characteristics* Boys / girls Highest and lowest attainers looked after children pupils eligible for free school meals children of service families those receiving alternative provision *Protected Characteristics / Equality Act Gender Gender reassignment Sexual orientation Race / ethnicity Religion Disability Would include therefore: pupils who whom English is an additional language minority ethnic pupils Gypsy Roma Traveller pupils

10. Equality Act 2010 – schools as education providers The Positive Action provisions mean that schools can target measures designed to alleviate disadvantages experienced by, or to meet the particular needs of, pupils with particular protected characteristics. It is never unlawful to treat disabled pupils more favourably. Although the Act covers the way in which schools treat their pupils, former and prospective pupils, relationships between one pupil and another are not within its scope.

11. Equality Act and the curriculum The content of the school curriculum has never been caught by discrimination law, and this Act now states explicitly that it is excluded However the way in which a school provides education – the delivery of the curriculum – is explicitly included.

12. Public Sector Equality Duty (April 2011) The PSED requires schools to have ‘due regard’ to the need to: Eliminate unlawful discrimination, harassment and victimisation Advance equality of opportunity Foster good relations

13. Due regard Decision makers in schools must be aware of the duty to have “due regard” when making a decision or taking an action and must assess whether it may have implications for people with particular protected characteristics. Schools should consider equality implications before and at the time that they develop policy and take decisions, not as an afterthought, and they need to keep them under review on a continuing basis. The PSED has to be integrated into the carrying out of the school’s functions, and the analysis necessary to comply with the duty has to be carried out seriously, rigorously and with an open mind – it is not just a question of ticking boxes or following a particular process.

14. Further guidance – due regard If a school does not record its consideration of the general equality duty when making a decision or carrying out a particular function, this does not automatically mean that the duty to have ‘due regard’ has not been met. However, if challenged, it will be easier for a school to demonstrate that the duty has been met if a record has been made at the time. The duty only needs to be implemented in a light-touch way, proportionate to the issue being considered.

15. Public Sector Equality Duty (April 2011) The specific duties regulations require schools: (a) to publish information to demonstrate how they are complying with the Public Sector Equality Duty, and (b) to prepare and publish equality objectives. Key questions… 1.Has your school completed this task? 2.How involved have governors been? 3.How do you know the objectives are the right ones?

16. Inspecting equalities, Ofsted 2012 If inspection evidence raises concerns about the school’s promotion of equality of opportunity and tackling discrimination, for example where a pupil is bullied or a particular group of pupils is being bullied or is persistently underachieving, then inspectors may need to examine the school’s policies to determine whether these are sufficiently robust, and if so, whether they have been adhered to.

17. Ofsted School Inspection Handbook types, rates and patterns of bullying and the effectiveness of the school’s actions to prevent and tackle all forms of bullying and harassment – this includes cyber-bullying and prejudice- based bullying related to special educational need, sexual orientation, sex, race, religion and belief, gender reassignment or disability the effectiveness of the school’s actions to prevent and tackle discriminatory and derogatory language – this includes homophobic and racist language, and language that is derogatory about disabled people

18. What do you know about rates and types of bullying in your school? Records of reports of bullying made members of the school community School based surveys including Safe and Well School Survey

19. Bullying Summary by Type Academic Term Ending ___________ School Name ALL - but incomplete data set School Number Please complete the boxes below with the total numbers of bullying cases recorded for the academic year, relating to: Appearance 141 Disability / SEN / Medical condition 88 Home circumstances 13 Gender Identity 43 Race or Ethnicity 215 Religion or Belief 23 Sex 21 Sexual orientation 112 Other tbc Form completed by Date Please e mail your completed form (nil returns are required) to: bullying.data@brighton-hove.gov.uk by week 4 of each term.

20. I feel safe at school KS2(breakdown by demographic) 2012 94% of all pupils strongly agreed or agreed 94% of White British pupils strongly agreed or agreed 94% of Other White pupils strongly agreed or agreed 95% of Asian or Asian British pupils strongly agreed or agreed 94% of Black or Black British pupils strongly agreed or agreed 94% of Mixed Heritage background pupils strongly agreed or agreed 91% of Chinese pupils strongly agreed or agreed 92% of Other Ethnic background pupils strongly agreed or agreed 93% of those that either didn’t know their ethnicity or preferred not to say strongly agreed or agreed 93% of those who said the main language at home was not English strongly agreed or agreed

21. Been bullied this term YearPrimary 200628% 200727% 200822% 200923% 201024% 201121% 201219% 46% - 9%

22. Bullied this term KS2 (breakdown by demographic) 2012 19% of all pupils said that had been bullied this term 19% of White British 16% of Other White 15% of Asian or Asian British 16% of Black or Black British pupils 20% of Mixed Heritage 17% of Chinese pupils 24% of Other Ethnic background 28% of those they either didn’t know their ethnicity or preferred not to say 23% of those who said the main language at home was not English 23% of those who said they get extra help

23. What was the bullying about? Primary 201020112012 Bullying about how I look such as my size, height, hair colour or clothes 26% (267) 25% (259) 30% (293) Bullying about school work I find hard to do or being clever 15% (159) 15% (157) 18% (180) Bullying about my ethnicity or the ethnicity of someone in my family 5% (53) 4% (42) 10% (99) Bullying about gender, being a boy or a girl12% (121) 13% (135) 10% (99) Bullying about my family background or class, such as ‘chav’ or ‘snob’ 10% (100) 8% (86) 8% (80) Bullying about my disability or because someone in my family has a disability 5% (50) 5% (50) 5% (54) Bullying about me or a family member being lesbian, gay or bisexual or being called words like ‘gay’ as an insult Bullying about gender identity 16% (160) 15% (157) 9% (91) 5% (45) Bullying about my religion or the religion of somebody in my family 3% (35) 5% (52) 6% (56) None of these50% (519) 50% (523) 49% (485)

24. I feel safe at school KS3 & 4 (breakdown by demographic) 2012 88% of all students strongly agreed or agreed 89% of White British pupils strongly agreed or agreed 86% of Other White pupils strongly agreed or agreed 85% of Asian or Asian British pupils strongly agreed or agreed 85% of Black or Black British pupils strongly agreed or agreed 88% of Mixed Heritage background pupils strongly agreed or agreed 70% of Chinese pupils strongly agreed or agreed (56) 83% of Other Ethnic background pupils strongly agreed or agreed 78% of those that either didn’t know their ethnicity or preferred not to say strongly agreed or agreed 80% of those who said they get extra help strongly agreed or agreed

25. Have been bullied this term? YearBeen bullied this term 200526% 200625% 200726% 200822% 200915% 201017% 201116% 201214% (11% - 19%)

26. Bullied this term KS3 & 4 (breakdown by demographic) 2012 19% of all pupils said that had been bullied this term 19% of White British 16% of Other White 15% of Asian or Asian British 16% of Black or Black British pupils 20% of Mixed Heritage 17% of Chinese pupils 24% of Other Ethnic background 28% of those they either didn’t know their ethnicity or preferred not to say 23% of those who said the main language at home was not English 23% of those who said they get extra help

27. What was the bullying about? Year (KS3 & 4)20112012 Ability 15% (154)20% (227) Appearance 49% (496)48% (540) Class or family background 13% (132)12% (132) Disability or SEN 7% (76)6% (63) Gender Gender identity 6% (57)4% (50) 2% (27) Race or ethnic origin 9% (87)10% (111) Religion 6% (61)5% (53) Sexual orientation 12% (126)13% (145)