Creating Safe Learning Environments for all Sam Beal – Partnership Advisor Health and Wellbeing November 2012 ‘Everyone is an insider, there are no outsiders – whatever their beliefs, whatever their colour, gender or sexuality.’ Archbishop Desmond Tutu, February 2004

Aim: To develop staff awareness of the purpose of bullying and prejudice based incident recording To develop confidence in identifying, challenging and recording prejudice By the end of the workshop participants will have: Increased knowledge of the Equality Act and Ofsted as it relates to bullying Revisited definitions of bullying and prejudice- related incidents Developed skills in challenging and responding to prejudiced language Identifying and responding to prejudice

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

‘Givens’ for the workshop Our ongoing commitment to ensuring a safe, learning environment for all… we are already doing a lot, but there is more to do The equality agenda is complex and challenging…this workshop will just be focusing on a small aspect of it (followed by curriculum focused workshop) We will not always get it right, but can seek to challenge ourselves and others appropriately and sensitively

Paired discussion What do we know about bullying in our school already? What do we know about prejudice based incidents in our school already? Who do we report information on bullying and prejudiced based incidents to? How is this data used to inform and develop practice in our school?

What is bullying? Bullying is behaviour by an individual or group, repeated over time, that intentionally hurts another individual or group either physically or emotionally. Bullying can take many forms (for instance, cyber- bullying via social media or the internet). It can involve verbal taunts, name calling, physical injury, and damage to property, rumour spreading, shunning or ridicule and is often motivated by prejudice against particular groups, for example on grounds of ethnicity, religion, belief, gender or gender identity, sexual orientation or disability, or because a child is in care, has caring responsibilities or mental health issues. It might be motivated by actual differences, perceived differences or as a result of association with someone else. Adapted from; Preventing and Tackling Bullying Advice for Head Teachers, Staff and Governing Bodies, DfE, 2011

Prejudiced based incident / Hate Incident This is a one-off incident which is perceived by the victim or any other person, to be motivated by hostility, prejudice or ignorance, based on a person’s perceived or actual ethnicity, gender, disability, religion, beliefs, sexual orientation or gender identity or their association with someone from one of these groups. These can also include indirect prejudice driven behaviour that is not targeted at one individual. The impact of this expression of prejudice against an equality group whether intentional or not can be damaging and must therefore be responded to as a prejudice based or hate incident. Brighton & Hove Equality and Anti-Bullying Strategic Group, 2012

Framework for School Inspection, September 2012 Key judgements: achievement of pupils at the school quality of teaching in the school behaviour and safety of pupils at the school quality of leadership and management of the school.

Framework for School Inspection, September 2012 Inspection will focus on the needs of pupils and parents by evaluating the extent to which schools provide an inclusive environment which meets the needs of all pupils irrespective of age, disability, gender reassignment, race, religion or belief, sex or sexual orientation pupils’ behaviour towards, and respect for, other young people and adults, and their freedom from bullying, harassment, and discrimination Spiritual, moral, social and cultural development

Ofsted School Inspection Handbook, September 2012 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

Subsidiary guidance: Supporting the inspection of maintained schools and academies from September 2012 Consider how well schools analyse their information about bullying and use this analysis to plan future actions. Note that a record that shows a large number of bullying incidents may reflect careful record keeping rather than a high level of bullying. Take account of whether pupils respond to the action taken or whether incidents of bullying are repeated. Consider whether there are any links between bullying and pupils’ absence from school.

Subsidiary guidance: Supporting the inspection of maintained schools and academies from September 2012 In order to evaluate pupils’ attitudes to homophobia and other forms of prejudice, inspectors should specifically ask pupils about the type of language they hear around the school. This should be compared to responses from staff in order to test the school’s attitudes to such issues.

Subsidiary guidance: Supporting the inspection of maintained schools and academies from September 2012 Inspectors should explore with a range of staff, the training they have had about different aspects of bullying, including prejudice-based bullying; how confident they feel as result; how well supported they are by senior staff when they encounter bullying and how they promote an understanding of individual differences through the curriculum. In particular, inspectors should consider how pupils are taught about diversity in subjects such as personal, social and health education (PSHE) and citizenship.

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

Equality Act 2010 All members of the school are protected from discrimination on the basis of: Age (adults only) Disability Gender reassignment Marriage or civil partnership (adults only) Sex Sexual orientation Pregnancy & maternity Race Religion or belief Direct discrimination and  discrimination based on association or  discrimination based on perception Indirect discrimination Discrimination arising from disability Harassment Victimisation Failure to make reasonable adjustments for a disabled person

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

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.

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

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. What are the school’s equality objectives?

Questions to consider… How are we recording and monitoring bullying and prejudice based incidents? How does the curriculum build a positive sense of identity, a valuing of diversity and pupils’ ability to stand up for themselves and others? How well are we monitoring the progress of different groups? How well do we engage with parents / carers (including those from protected groups) around these issues? Do we have further training needs?

Links Community Cohesion Narrowing / Closing the Gap Pupil Premium Ofsted Domestic Violence Prevention Healthy Schools / PSHE Extremism