Equality Act 2010 and Schools Derbyshire County Council

Purpose Tell you about the main provisions and changes Consider what should schools need to do? Where else to get help

About the Equality Act 2010 Brings together previous equality law, simplifies it, and extends discrimination – covering ‘protected characteristics’ of gender, race, disability, religion or belief, sexual orientation, gender re-assignment, and pregnancy and maternity Schools have a duty as an employer, provider of services, and schools New public sector equality duty – publish information and set equality objectives

Types of discrimination Direct – less favourable treatment because of protected characteristic e.g. school refused to let a pupil be a prefect because she was a lesbian Indirect – where provision or criteria is imposed which leads to less favourable treatment e.g holding a parents evening on a Friday where it would be more difficult for observant Jewish parents to attend Association – through a relationship with someone with a protected characteristic e.g. if a school treated a white pupil less favourably because she had a black boyfriend Perception – discrimination where perceived to have protected characteristic e.g. where a teacher picks on a child believing him to be gay – whether or not he is gay would amount to discrimination

Disability Lawful to treat disabled people more favourably than non- disabled people Discrimination arising out of disability – where less favourably treatment for something linked to someone’s disability Recruitment – bans pre-employment health and disability checks other than – identify reasonable adjustments needed, equality monitoring or fulfil duties of post

Harassment and victimisation Harassment – applies on grounds of disability, race, sex or pregnancy & maternity – but if permitted on other grounds would amount to direct discrimination Victimisation – includes where a child is victimised because of something his or her parents have done e.g. if parent complains Bullying - bullyinghttp:// bullying

Single sex & religious character schools Single sex schools can still refuse to admit pupils of opposite sex, or to admit only for sixth form or ‘A’ level studies for example Religious character schools can still give priority in admissions to members of their own religion or to seek to have a mix of faiths Act states that delivery of the curriculum is now explicitly included – important to present issues fairly and in balanced way Acts of worship and school uniform – allowed but need to be handled fairly and sensitively

Single sex & religious character schools Single sex schools can still refuse to admit pupils of opposite sex, or to admit only for sixth form or ‘A’ levle studies for example Religious character schools can still give priority in admissions to members of their own religion or to seek to have a mix of faiths Act states that delivery of the curriculum is now explicitly included – important to present issues fairly and in balanced way Acts of worship and school uniform – allowed but need to be handled fairly and sensitively

Some other considerations New Ofsted inspections – much more emphasis on being active in relation to prejudice based bullying May want evidence that you have due regard for your equality duties when setting policies Schools are employers, public bodies and may also provide services and come under all parts of the act Age discrimination in services – comes into force in October 2012 – will not affect services for people under 18 years of age but will affect services for parents, governors, general public provided by schools Derbyshire is a Stonewall Education Champion – if you are tackling homophobic bullying – we want to know about it Disability – Schools must still have an Access Plan for improving access for disabled children and parents (separate legislation)

Further help School Improvement Team (Chris Tilley and his officers) Governor Support Service Disability/ SEN team/ service Government websites – Education, Government Equalities Office and the Equality and Human Rights Commission Stonewall and Schools Out – campaigning organisations who produce really useful information in relation to bullying and an inclusive school environment