Equality Act 2010 Kiran Johnson DKJ Support Services

Outcomes What is equality and diversity How the law applies to your school The law regarding disability What is the public sector equality duty (PSED)

What do you think equality and diversity means?

The behaviour ice-berg

Diversity Recognising that people are different Equality Legal Framework Fair treatment Equal opportunities

If we did not have equality legislation what sort of country would England be?

The Law

The Law Equal Pay Act 1970, 1975, Amendment 1984 Rehabilitation of Offenders Act 1974 Sex Discrimination Act 1975 Amendment 1982 Race Relations Act 1976 Amendment Employment Act 1989 Disability Living Allowance and Disability Working Allowance 1991 Management of Health and Safety at Work Regulations 1992 Asylum and Immigration Appeals Act 1993 Race Relations Remedies Act 1994 Disability Discrimination Act 1995 and 2005 National Minimum Wage 1998 Human Rights Act

Equality Act 2010 Purpose of the Act: Streamlining – made it concise Strengthening – extended to all protected groups Harmonising – made the law all the same

Equality Act 2010 and Schools

Who is protected Pupils Members of staff Parents

Protected Groups Disability Gender reassignment Pregnancy and maternity Race Religion and Belief Gender Sexual Orientation

Discrimination Direct discrimination Indirect discrimination Institutional discrimination Harassment Victimisation

Discrimination Admissions Provides education Access to any benefit, facility or services Excluding a pupil

Exceptions Admissions Single sex schools Benefit, facility or services Schools with a religious character

Areas not covered Curriculum Acts of worship Uniforms Bullying

Breach of Act Responsible body of a school Local authority Governing body Liable for actions of employees and agents of the school Does not cover the actions of pupils.

Disability Law

Defining Disability ‘ physical or mental impairment which has substantial and long term adverse effect on that person’s ability to carry out normal day to day activities’

Reasonable Adjustment ‘Where something a school does places a disabled pupil at a disadvantage compared to other pupils, then the school must take reasonable steps to try and avoid that disadvantage. ‘

Auxiliary Aid ‘‘Provide an auxiliary aid or service for a disabled pupil when it would be reasonable to do so; and if such an aid would alleviate any substantial disadvantage that the pupil faces in comparison to non-disabled pupils. “

Accessibility Duties Ofsted & legal duty 1.Increase the extent pupils can participate in the curriculum 2.Improve the physical environment 3.Improve accessible information

Public Sector Equality Duty

General Equality Duty Pay ‘due regard’ Eliminate discrimination, harassment and victimisation Advance equality of opportunity Foster good relations

Public Sector Equality Duty Legal Implications Aware of ‘due regard’ Cannot be an after thought Integrated into school’s decision making Cannot delegate the responsibility

Specific Duties Publish information about how they are complying with the PSED Prepare and publish equality objectives – update report annually and revise at least every 4 years 6 th April

Publication of Information

Publication of Information Eliminating Discrimination – policies, staff & Governor training Advancing equality of opportunity – attainment data, meeting needs of cohorts Fostering good relations – promotion of tolerance, local communities, community projects

Equality Objectives

Equality Objectives Foster an inclusive community that values diversity and recognises equality amongst its members. Take steps to ‘Closing the Gap’ in the performance of all gender and ability groups Promote and deliver an Inclusive curriculum

Kiran Johnson DKJ Support Services