Focus on Equalities Standards and Learning Effectiveness Service January 2011

New Equality Act “The Equality Act 2010 replaces the existing anti discrimination laws with a single Act. It simplifies the law, removing inconsistencies and making it easier for people to understand and comply with it. It also strengthens the law in important ways to help tackle discrimination and inequality.”

New Equality Act There are three separate duties for race, disability and gender but they are similar in their spirit and intention. In the new Equality Act, these three duties have been harmonised into one new duty, which will cover all seven equality strands: age disability gender gender identity race religion or belief sexual orientation

What does this mean for schools? The Act protects pupils from discrimination and harassment based on ‘protected characteristics’: Disability Race Gender/Sex Sexual orientation Gender identity Religion or belief Pregnancy and maternity Remember…there is a duty to promote community cohesion and it is this duty that can bring all these strands together in a practical way

The categories of people covered by the schools provisions are: prospective pupils (admissions) pupils at the school; including exclusions in some limited circumstances, former pupils The Equality Act 2010 also prohibits schools from harassing or victimising these groups of people

Equality Act and schools… All schools are covered, including pupil referral units. The "responsible body", which is normally the governing body, of a school is ultimately liable and responsible for the actions of all employees and anyone working with the authority of the school.

DDA Definition of Disability “A person has a disability if he or she has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.” (Disability Discrimination Act) There is no need for a person to have a medically diagnosed cause for their impairment; what matters is the effect of the impairment not the cause. -

What is discrimination? Unlawful discrimination is defined in the Act as: Direct discrimination (including discrimination based on perception or association). Indirect discrimination. Discrimination arising from disability. Failure to make reasonable adjustments (for disabled people).

Which case study highlights…… Direct race or sex discrimination Failure to make reasonable adjustments Direct sex discrimination Indirect discrimination based on religion Indirect race discrimination

Positive action It is never unlawful to treat disabled pupils (or applicants) more favourably than non- disabled pupils (or applicants). That is, a school is permitted to positively discriminate in favour of disabled pupils (applicants).

Disability Discrimination A disabled pupil could be discriminated against in two ways: 1. Less favourable treatment If a school treats a disabled pupil or prospective pupil less favourably than another because of his or her disability without justification, they may be breaking the law. 2. Failing to make a "reasonable adjustment" Schools can also be found to have discriminated where they have failed to take "reasonable steps" which leads to disabled pupils and prospective pupils being placed at a "substantial disadvantage" compared to non- disabled pupils.

When do you need to make reasonable adjustments? In pairs, discuss ways in which you or your school has made reasonable adjustments for: Pupils Accessibility to buildings Accessibility to curriculum Staff Parents

Duties for schools… Produce an Accessibility Plan to ensure equal access to the physical environment, curriculum and information Remember…there is a duty to promote community cohesion and it is the element that brings all these strands together Ofsted will inspect and report on all these statutory duties – Remember Equality & Diversity is one of 3 limiting judgements

5 key steps to help achieve better outcomes and meet the duties: Gather information on how your work affects different racial groups, disabled people and men and women, including transsexual men and women. Consult all stakeholders, and involve disabled people. Assess the impact of your policies and practices. In the light of this evidence decide what your priorities for taking action should be. Take the action that will deliver the best outcomes in equality.

Finally… “It isn’t just about being accessible…. it’s about wanting to be accessible” (Baroness Chapman)

Putting Scheme into Action! January 2011 Charlotte Papworth Equality Officer

Equality duties Schools are currently bound by the three separate duties for race, disability and gender Equality Act will introduce a single public sector duty in April 2011 which will apply to all protected characteristics Carry out Equality Impact Assessments to assess whether our existing or new policies and practices have a differential impact on specific minority or marginalised groups.

Equality Act 2010 The single public sector duty will require all public authorities, including schools to: Eliminate discrimination, harassment and victimisation Advance equality of opportunity Foster good relations between groups

Keep up to date Equality and Human Rights Commission and-guidance/guidance-for-education- providers-schools/ and-guidance/public-sector-duties/new- public-sector-equality-duty-guidance/

‘Children and young people have the right to participate in decision-making that is relevant in their lives and to influence decisions taken within the family, the school or the community that affect them.’ Article 12 of the United Nations Convention on the Rights of the Child (UNCRC)2.

Data Quiz (Exercise) What do you know about the community and school information?

1.Which is the largest minority ethnic group of pupils (in % terms) in Hastings and St Leonards? In Wealden? a)Chinese b) White Other c) Black d) Mixed e) Asian 2.Which ethnic group (pupils) has the highest proportion of its population living in the poorer areas of East Sussex? a)White British b) Traveller of Irish heritage c) Mixed d) Pakistani 3.What percentage of pupils in Hastings & St Leonards are eligible for free school meals? In Wealden? a) 20% b) 5% c) 60% d) 40%

4.21% of pupils eligible for Free School Meals achieve 5 A*-C at GCSE. What % of pupils not eligible for FSM achieve these grades? a)75% b) 25% c)53% d) 40% 5. Which area has the highest proportion of pupils with Special Educational Needs? a)Rotherb) Lewes c) Hastings & St Leonards d) Wealden 6. Which area has the largest population of Muslims? a) Eastbourne b) Hastings c) Lewes d) Rother d) Wealden

1.d) Mixed (Hastings) b) White Other (Wealden) Source: School Census, January 2009

2. b) Traveller of Irish heritage Source: School Census (January 2009) Note*: Minority Ethnic (ME) includes all pupils classified as belonging to an ethnic group other than White British

3. a) 20%(Hastings) b) 5%(Wealden) Source: School Census, January 2009

4. c) 53% Source: Planning and Performance Team

5. c) Hastings & St Leonards Source: School Census, January 2009

6. a) Eastbourne From Census 2001, ESIF

Participation game Girls are no good at sport All boys muck about in class All children should do as their told Dyslexic children aren’t clever It’s a good idea to have a school uniform

Resources All of Us One of Us Cultural diversity Gender pack Disability images pack Equality Exemplar Scheme for Schools Equality Strategy for Children’s Services

Key points for an action plan Collect data Engagement/ consultation Consolidate previous policies Analyse intervention Set clear objectives Measure impact?

‘ The problem is not how to wipe out all differences but how to unite with our differences intact‘ Rabindranath Tagore. Belonging Project, Chailey School

Equality and Engagement team