Equality Act 2010

Kiran JohnsonDKJ Support Services

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Outcomes

• What is equality and diversity• How the law applies to your school• The law regarding disability• What is the public sector equality duty (PSED)

What do you think equality and diversity means?

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The behaviour ice-berg

DiversityRecognising that people are different

EqualityLegal FrameworkFair treatmentEqual opportunities

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If we did not have equality legislation what sort of country would England be?

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The Law

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The Law• Equal Pay Act 1970, 1975, Amendment 1984

• Rehabilitation of Offenders Act 1974

• Sex Discrimination Act 1975 Amendment 1982

• Race Relations Act 1976 Amendment 2000.

• Employment Act 1989

• Disability Living Allowance and Disability Working Allowance 1991

• Management of Health and Safety at Work Regulations 1992

• Asylum and Immigration Appeals Act 1993

• Race Relations Remedies Act 1994

• Disability Discrimination Act 1995 and 2005

• National Minimum Wage 1998

• Human Rights Act 1998

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Equality Act 2010

Purpose of the Act:

Streamlining – made it conciseStrengthening – extended to all protected groupsHarmonising – made the law all the same

Equality Act 2010 and Schools

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Who is protected

• Pupils• Members of staff• Parents

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Protected Groups

• Disability• Gender reassignment• Pregnancy and maternity• Race• Religion and Belief• Gender• Sexual Orientation

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Discrimination

• Direct discrimination• Indirect discrimination• Institutional discrimination• Harassment• Victimisation

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Discrimination

• Admissions• Provides education• Access to any benefit, facility or services• Excluding a pupil

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Exceptions

• Admissions• Single sex schools• Benefit, facility or services• Schools with a religious character

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Areas not covered• Curriculum• Acts of worship• Uniforms• Bullying

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Breach of Act

Responsible body of a school • Local authority • Governing body

Liable for actions of employees and agents of the school

Does not cover the actions of pupils.

Disability Law

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Defining Disability

‘ physical or mental impairment which has substantial and long term adverse effect on that person’s ability to carry out normal day to day activities’

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Reasonable Adjustment

‘Where something a school does places a disabled pupil at a disadvantage compared to other pupils, then the school must take reasonable steps to try and avoid that disadvantage. ‘

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Auxiliary Aid

‘‘Provide an auxiliary aid or service for a disabled pupil when it would be reasonable to do so; and if such an aid would alleviate any substantial disadvantage that the pupil faces in comparison to non-disabled pupils. “

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Accessibility Duties

Ofsted & legal duty

1. Increase the extent pupils can participate in the curriculum

2. Improve the physical environment 3. Improve accessible information

Public Sector Equality Duty

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General Equality DutyPay ‘due regard’

• Eliminate discrimination, harassment and victimisation

• Advance equality of opportunity• Foster good relations

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Public Sector Equality Duty

Legal Implications

• Aware of ‘due regard’• Cannot be an after thought• Integrated into school’s decision making• Cannot delegate the responsibility

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Specific Duties

• Publish information about how they are complying with the PSED

• Prepare and publish equality objectives – update report annually and revise at least every 4 years

6th April 2012

Publication of Information

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Publication of Information

• Eliminating Discrimination – policies, staff & Governor training

• Advancing equality of opportunity – attainment data, meeting needs of cohorts

• Fostering good relations – promotion of tolerance, local communities, community projects

Equality Objectives

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Equality Objectives

• Foster an inclusive community that values diversity and recognises equality amongst its members.

• Take steps to ‘Closing the Gap’ in the performance of all gender and ability groups

• Promote and deliver an Inclusive curriculum

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Kiran JohnsonDKJ Support Services

01482 627631info@dkjsupportservices.co.uk