Equality and DiversityEquality and Diversity1313thth June 2011 June 2011Wallands C.P.Wallands C.P.

SchoolSchool

Outline of DayOutline of Day9:00 Introduction and Rationale9:00 Introduction and Rationale9:20 The equality Act9:20 The equality Act10:00 Short film10:00 Short film10:45 Break10:45 Break

ObjectivesObjectives• To understand the importance of Equality To understand the importance of Equality

and Diversity Education for our school.and Diversity Education for our school.• To know schools’ statutory duties for To know schools’ statutory duties for

equalities and diversity and what this equalities and diversity and what this means for our school.means for our school.

• To raise awareness of the resources we To raise awareness of the resources we have to aid our teaching of Equality and have to aid our teaching of Equality and diversity and how that is going to be diversity and how that is going to be implemented into our curriculum.implemented into our curriculum.

RationaleRationale

Bullying can take many forms in schools Bullying can take many forms in schools – from name-calling to more serious – from name-calling to more serious forms of assault or harassment. As a forms of assault or harassment. As a

school we are committed to establishing school we are committed to establishing and maintaining a safe and positive and maintaining a safe and positive

learning environment for all pupils and learning environment for all pupils and staff.staff.

Under the Equality Act, Human Rights Under the Equality Act, Human Rights Act and other laws schools must Act and other laws schools must provide a safe environment, free provide a safe environment, free from harassment and discrimination.from harassment and discrimination.

We need to work pro-actively to We need to work pro-actively to implement strategies and guidelines implement strategies and guidelines to ensure that all pupils, staff and to ensure that all pupils, staff and families are welcomed and included families are welcomed and included in all aspects of education and school in all aspects of education and school life and treated with respect and life and treated with respect and dignity.dignity.

We need to teach tolerance and understanding of We need to teach tolerance and understanding of difference to all pupils in our school.difference to all pupils in our school.

At KS1 children need to learn about diverse family At KS1 children need to learn about diverse family models. They also need to learn the skills needed models. They also need to learn the skills needed to work with and respect people who are the to work with and respect people who are the same as well as different from themselves.same as well as different from themselves.

At KS2 children need to learn more specifically At KS2 children need to learn more specifically about the harmful effects of discrimination. They about the harmful effects of discrimination. They also need to learn how they can help make also need to learn how they can help make society a safer and more welcoming space for society a safer and more welcoming space for everyone.everyone.

TOLERANCE IS ALWAYS AGE APPROPRIATE.TOLERANCE IS ALWAYS AGE APPROPRIATE.

REMEMBERREMEMBER

We need to be:We need to be:Responding to discrimination in all of its Responding to discrimination in all of its

forms, and making sure that our school forms, and making sure that our school is a safe and affirming space for all of is a safe and affirming space for all of our children, families and staff.our children, families and staff.

IT IT IS EVERYONE’S JOB.IS EVERYONE’S JOB.

The 7 Equality StrandsThe 7 Equality StrandsBy ‘equality strands’ we mean groups By ‘equality strands’ we mean groups

of people who experience particular of people who experience particular forms of discrimination, whether or forms of discrimination, whether or not the discrimination is intentional. not the discrimination is intentional. There are important differences in There are important differences in the forms of discrimination the forms of discrimination experienced by different groups, but experienced by different groups, but there are also common factors.there are also common factors.

The U.K government currently recognises seven The U.K government currently recognises seven ‘equality strands’. They are:‘equality strands’. They are:

1.1. AgeAge2.2. DisabilityDisability3.3. GenderGender

4.4. Sexual OrientationSexual Orientation5.5. TransgenderTransgender

6.6. Race and EthnicityRace and Ethnicity7.7. Religion and BeliefReligion and Belief

where people are protected by law from discrimination where people are protected by law from discrimination (direct or indirect), harassment and victimisation. (direct or indirect), harassment and victimisation. Other equality strands, not covered by protecting Other equality strands, not covered by protecting legislation, might include deprived communities, legislation, might include deprived communities, social origin (‘class’) or income.social origin (‘class’) or income.

New Equality ActNew Equality Act

The equality Act 2010 replaces the The equality Act 2010 replaces the existing anti discrimination laws with a existing anti discrimination laws with a single Act. It came in last October and single Act. It came in last October and final decisions were made April 2011.final decisions were made April 2011.

It simplifies the law, removing It simplifies the law, removing inconsistencies and making it easier inconsistencies and making it easier for people to understand and comply for people to understand and comply with it. It also strengthens the law in with it. It also strengthens the law in important ways to help tackle important ways to help tackle discrimination and inequality. discrimination and inequality.

New Equality ActNew Equality Act

Before this new Act there were three Before this new Act there were three separate duties for race, disability and separate duties for race, disability and gender. gender.

In the new Act, these three duties have been In the new Act, these three duties have been harmonised into one new duty which will harmonised into one new duty which will cover all seven equality strands.cover all seven equality strands.

There are four new strands therefore: age, There are four new strands therefore: age, transgender or gender identity, religion or transgender or gender identity, religion or belief and sexual orientation.belief and sexual orientation.

Equality Act and SchoolsEquality Act and SchoolsThe Act protects pupils from discrimination and The Act protects pupils from discrimination and

harassment based on ‘protected harassment based on ‘protected characteristics’. Prospective pupils characteristics’. Prospective pupils (admissions), pupils at school including (admissions), pupils at school including exclusions, and in limited circumstances, exclusions, and in limited circumstances, former pupils are all protected. It also former pupils are all protected. It also protects staff, parents and visitors.protects staff, parents and visitors.

There is a duty to promote community There is a duty to promote community cohesion and it is this duty that can bring all cohesion and it is this duty that can bring all these strands together in a practical way.these strands together in a practical way.

Schools need to produce one ‘Equality Scheme’ Schools need to produce one ‘Equality Scheme’ (policy) which includes community cohesion. (policy) which includes community cohesion. This must be published by December 2011.This must be published by December 2011.

Equality act and SchoolsEquality act and SchoolsAll schools are covered, including pupil All schools are covered, including pupil

referral units. The ‘responsible body’, which referral units. The ‘responsible body’, which is normally the governing body, of a school is normally the governing body, of a school is is ultimately liable ultimately liable and responsible for and responsible for the actions of all employees and anyone the actions of all employees and anyone working with the authority of the school.working with the authority of the school.

It will therefore be important for It will therefore be important for all all to be ‘on to be ‘on board’ with the school’s equality scheme board’ with the school’s equality scheme (policy).(policy).

DDA Definition of DisabilityDDA Definition of Disability““A person has a disability if he or she has a A person has a disability if he or she has a

physical or mental impairment that has a physical or mental impairment that has a substantial and long-term adverse effect on substantial and long-term adverse effect on his or her ability to carry out normal day-to-his or her ability to carry out normal day-to-day activities.” day activities.” (Disability Discrimination Act).(Disability Discrimination Act).

There is no need for the person to have a There is no need for the person to have a medically diagnosed cause for their medically diagnosed cause for their impairment; what matters is the effect of the impairment; what matters is the effect of the impairment not the cause.impairment not the cause.

Groups includedGroups includedObesity ASD Wheelchair usersObesity ASD Wheelchair usersSensory AHD S,L&C DyslexiaSensory AHD S,L&C DyslexiaAsthma Mobility Attachment EBD Asthma Mobility Attachment EBD Learning difficulties Visually ImpairedLearning difficulties Visually ImpairedHearing Impaired OCD DepressionHearing Impaired OCD DepressionBi-polarBi-polar

These are some of the groups included and are These are some of the groups included and are listed here to ensure that there is an awareness listed here to ensure that there is an awareness for what can be classed as a ‘disability’.for what can be classed as a ‘disability’.

What is Discrimination?What is Discrimination?Unlawful discrimination is defined in the Act Unlawful discrimination is defined in the Act

as:as:• Direct discrimination (including Direct discrimination (including

discrimination based on perception or discrimination based on perception or association).association).

• Indirect discrimination.Indirect discrimination.• Discrimination arising from disability.Discrimination arising from disability.• Failure to make reasonable adjustments (for Failure to make reasonable adjustments (for

disabled people).disabled people).

Direct & IndirectDirect & Indirect• DirectDirect - treating someone less favourably - treating someone less favourably

because they belong to a protected group. because they belong to a protected group. E.g you discriminate against a child because E.g you discriminate against a child because their parent made a complaint.their parent made a complaint.

• IndirectIndirect – something you do that ends up – something you do that ends up disadvantaging someone from the 7 strands. disadvantaging someone from the 7 strands. E.g. all boys must wear caps whereby a E.g. all boys must wear caps whereby a protected group (in this case Sikhs) is treated protected group (in this case Sikhs) is treated less favourably because of a rule or practice. less favourably because of a rule or practice.

Positive ActionPositive ActionIt is never unlawful to treat disabled pupils (or It is never unlawful to treat disabled pupils (or

applicants) more favourably than non-disabled applicants) more favourably than non-disabled pupils (or applicants). That is, a school is pupils (or applicants). That is, a school is permitted to positively discriminate in favour permitted to positively discriminate in favour of disabled pupils (applicants). If a disabled of disabled pupils (applicants). If a disabled person applies for a job and meets the person applies for a job and meets the personal spec. then you have to shortlist and personal spec. then you have to shortlist and interview them.interview them.

If under representative in men or ethnic minority If under representative in men or ethnic minority and candidates are equally good then you can and candidates are equally good then you can positively discriminate.positively discriminate.

Disability DiscriminationDisability DiscriminationA disabled person could be discriminated against in two ways:A disabled person could be discriminated against in two ways:1.1. Less favourable treatmentLess favourable treatmentIf a school treats a disabled pupil or prospective pupil less If a school treats a disabled pupil or prospective pupil less

favourably than another because of his or her disability favourably than another because of his or her disability without justification, they may be breaking the law.without justification, they may be breaking the law.

2.2. Failing to make a ‘reasonable adjustment’Failing to make a ‘reasonable adjustment’If a school fails to take ‘reasonable steps’ which leads to disabled If a school fails to take ‘reasonable steps’ which leads to disabled

pupils and prospective pupils being placed at a ‘substantial pupils and prospective pupils being placed at a ‘substantial disadvantage’ compared to non-disabled pupils. This is disadvantage’ compared to non-disabled pupils. This is about ‘wants and needs’ e.g. dyslexia friendly classrooms – if about ‘wants and needs’ e.g. dyslexia friendly classrooms – if the majority of the class don’t like a coloured background the majority of the class don’t like a coloured background and there is no need in the class for it then you don’t have to and there is no need in the class for it then you don’t have to have it.have it.

The policy should encourage staff to express needs. Showing that The policy should encourage staff to express needs. Showing that the school is willing is what is important here. Reasonable the school is willing is what is important here. Reasonable adjustments need to be considered for: Pupils, accessibility adjustments need to be considered for: Pupils, accessibility to buildings, accessibility to curriculum, staff and parents.to buildings, accessibility to curriculum, staff and parents.

Duties for SchoolsDuties for Schools• Produce an Accessibility Plan to ensure Produce an Accessibility Plan to ensure

equal access to the physical environment, equal access to the physical environment, curriculum and information. This can be curriculum and information. This can be part the E & D policy but must be clear part the E & D policy but must be clear that it is an Accessibility Plan.that it is an Accessibility Plan.

• Remember….. There is a duty to promote Remember….. There is a duty to promote community cohesion and it is this element community cohesion and it is this element that brings all the strands together.that brings all the strands together.

• Ofsted will inspect and report on all these Ofsted will inspect and report on all these statutory duties.statutory duties.

5 Key Steps to help better 5 Key Steps to help better outcomes and meet the outcomes and meet the

duties.duties.1.1. Gather information on how your work affects Gather information on how your work affects

different racial groups, religious groups, disabled different racial groups, religious groups, disabled people, men and women of all ages, including people, men and women of all ages, including transsexual, gay and lesbian men and women, transsexual, gay and lesbian men and women,

2.2. Consult (engage and involve) all stakeholders.Consult (engage and involve) all stakeholders.3.3. Assess the impact of your policies and practices.Assess the impact of your policies and practices.4.4. In the light of this evidence decide what your In the light of this evidence decide what your

priorities for taking action should be.priorities for taking action should be.5.5. Take the action that will deliver the best outcome Take the action that will deliver the best outcome

in equality.in equality.

Incident LoggingIncident LoggingAs a school we currently log all incidents that As a school we currently log all incidents that

discriminate against race. One simple way to move discriminate against race. One simple way to move the school forward in term of Equality and diversity the school forward in term of Equality and diversity is to log any incident that discriminates against any is to log any incident that discriminates against any of the groups that fall within the seven strands.of the groups that fall within the seven strands.

Remember this includes incidents which have Remember this includes incidents which have involved pupils, staff, visitors or parents.involved pupils, staff, visitors or parents.

Currently racist incidents are recorded on pink sheets Currently racist incidents are recorded on pink sheets which are circulated to relevant staff. Debbie then which are circulated to relevant staff. Debbie then reports them to County.reports them to County.

What we will do from now on is record any incident What we will do from now on is record any incident involving any of the groups from the seven strands involving any of the groups from the seven strands on a separate Incident form which will be circulated on a separate Incident form which will be circulated in the same way.in the same way.

Here is the form.Here is the form.