Equality Duties Briefing for Governors

Spring Term 2012

Peta UllmannManager

Ethnic Minority and Traveller Achievement Service

peta.ullmann@essex.gov.uk

Equality Act 2010

1. Establishes 9 ‘protected characteristics’ :

age; disability; ethnicity & race; gender; gender identity & reassignment; faith, religion & belief; marriage & civil partnership; pregnancy, maternity & breastfeeding; sexual identity & orientation

2. Creates a general public sector equality duty (from 5/04/11) which states: “A public authority must have due regard to the need to:

Eliminate discrimination, harassment, victimisation Advance equality of opportunity between persons who share a

relevant protected characteristic and persons who do not share it Foster good relations between persons who share a relevant

protected characteristic and persons who do not share it”

Specific duties for governing bodies of state schools:Collect and analyse information on progress in achieving

the 3 aims of the public sector equality duty;

Publish information which shows due regard for equalities by 6 April 2012;

Publish one or more specific and measurable objectives for the coming 4 years by 6 April 2012 to achieve the 3 aims;

Engage with people who have a legitimate interest – including all staff (both teaching and administrative), all parents and pupils, and local groups, organisations and individuals as appropriate – now & ongoing!!

Information….. Published information must be accessible (easy to read;

easy to find)

Where? Website, noticeboards, newsletter, staff handbook

What ? It would not be appropriate to publish information which enables individual pupils or members of staff to be identified. Information needs to be given about the pupil population and differences in outcome. Objective(s) should be outcome focused as distinct from being focused on making improvements in provision.

Implications for school leaders:

No longer a requirement to develop and publish equality policies & schemes but several schools have found it useful to use a scheme to clarify aims, actions, roles & responsibilities, etc. in relation to equality issues and objectives set for school.

Results of assessments on impact of policies and practice to be published but no requirement to undertake a particular process or complete a prescribed form to assess impact

No requirement to take account of national priorities or matters specified by a Minister of the Crown in formulating school equality objectives

Applies to school policies for tackling prejudice-based bullying (over and beyond racist incidents)

Equality Act 2010

Implications for school leaders (cont): New discrimination provisions: direct, indirect,

arising from disability, failure to make reasonable adjustments, by association

Schools must maintain accessibility plans It may involve more favourable treatment

(enforced only through judicial review) Breaches of school duties must be dealt with by

1st Tier Tribunal or IAP

Further information

Insted guidance on Equality at: www.insted.co.uk/equalities.html

DfE Equality Act 2010: advice for school leaders: www.education.gov.uk & search for ‘Equality Act 2010’

EHRC guidance for schools: http://www.equalityhumanrights.com/advice-and-

guidance/guidance-for-education-providers-schools/ GEO Policy review paper:

http://www.equalities.gov.uk/equality_act_2010/public_sector_equality_duty.aspx