1. Special Educational Needs and Disability
Governance and Management for Trusts and Schools
Agnes Fletcher
Goss Consultancy Ltd

2. Equality Act

3. Equality Act 2010 - protected characteristics
The Equality Act 2010 defines “protected characteristics” as:
age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief
sex
sexual orientation

4. Prohibited conduct Discrimination: direct indirect disability-related
by perception
by association
failure to make reasonable adjustments.
Harassment.
Victimisation.

5. Defining the terms Direct discrimination
A prospective employee or a current employee is treated less favorably that a comparator due to a protected characteristic.

6. Defining the terms Indirect discrimination
Indirect discrimination occurs when an organisation’s practices, which apply to everyone, result in people with particular protected characteristics being put at a disadvantage.
It is called discrimination arising from disability in the case of indirect disability discrimination.

7. Defining the terms Discrimination by perception
Where someone is treated less favourably because it is believed that they have a particular protected characteristic, even if they do not.
Does not apply to marriage / civil partnership.

8. Defining the terms Discrimination by association
Where a person is associated with someone who has a particular protected characteristic and as a result is treated less favourably.
Does not apply to marriage / civil partnership.

9. Defining the terms Failure to make reasonable adjustments
This is a form of discrimination that applies only in relation to people defined as “disabled” by the Equality Act.
Employers and service-providers must make reasonable changes to their policies, procedures and practices, alter their premises and/or provide aids and equipment where this would enable a disabled person to be employed or access a service.
Factors used to determine what is reasonable include the resources available to the organisation, the degree of disadvantage faced and the degree to which the adjustment will remove or reduce it.

10. Defining the terms Harassment
Harassment is behaviour that makes someone feel intimidated or offended.
Workplace banter effectively becomes bullying when the recipient perceives it to have crossed a line and makes that feeling known.
In general, bullying isn’t against the law (although most employers won’t tolerate it) but harassment is. This is when the unwanted behaviour is related to a protected characteristic.

11. Defining the terms Victimisation
This means treating someone badly because they have done a 'protected act' (or because you believe that a person has done or is going to do a protected act). A 'protected act' is making a claim or complaint of discrimination under the Equality Act, or being involved in one, for example as a witness or supporter.

12. Crucial to avoid
Discrimination, harassment or victimisation of a pupil:
in the way education is provided
in whether and the way in which access to a benefit, facility or service is provided.
Two crucial areas are:
discrimination arising from disability – where a disabled pupil is treated unfavourably because of something connected with their disability and this treatment cannot be justified;
Failure to make reasonable adjustments, including the provision of auxiliary aids and services for disabled children, to prevent them being put at a substantial disadvantage.

13. Public sector equality duty
Equality matters that schools need to consider when making decisions that affect pupils or staff with different protected characteristics.
The duty has three elements. In carrying out their functions, schools as public bodies are required to have ‘due regard’ when making decisions and developing policies, to the need to:
Eliminate discrimination, harassment, and victimisation.
Advance equality of opportunity between people who share a protected characteristic and people who do not share it.
Foster good relations across all protected characteristics – between people who share a protected characteristic and people who do not share it.

14. Public sector equality duty
Having due regard to the need to advance equality of opportunity is defined further in the Equality Act 2010 as having due regard to the need to:
Remove or minimise disadvantages;
Take steps to meet different needs;
Encourage participation when it is disproportionately low.

15. Public sector equality duty
There are two specific duties that schools are required to carry out. These are:
To publish information to demonstrate how they are complying with the equality duty.
To prepare and publish one or more specific and measurable equality objective.
Schools also need to ensure that when making a decision or taking an action they assess whether it may have implications in relation to equality and specific systems are usually helpful in regard to this.

16. The definition
Anyone who has a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities.
A diagnosis isn’t required – it is the impact on daily life that matters.
What is “substantial”? “More than minor or trivial.”
Long-term means that it has lasted or is likely to last more than 12 months.
You are covered for life if you have met the definition in the past.
There is no exhaustive list of what is in or out.
There are some specifics – e.g.
kleptomania, pyromania, paedophilia – out
facial disfigurement – in
cancer, HIV and multiple sclerosis from the point of diagnosis.

17. Population estimates
Estimates based on the Labour Force Survey and the Family Resources Survey say:
Around 6 per cent of under-18s fit the definition.
Around 17 per cent of the working age population fit the definition.
Around 45 per cent of those aged over 65 fit the definition.