Governor training

The Equalities Act – a governors role and responsibility to vulnerable groups.

Pat BarrJudy Fox

14th March 2015

Aims

• To update knowledge on the Equality Act and PSE Duty

• To assist Governors in ensuring the Equality Act duties are implemented in schools.

The History of the Equality Act

• Previously public bodies were bound by three sets of duties to promote disability, race and gender equality. In April 2011 these were replaced by a single public sector equality duty (known as the PSED or the equality duty).

Public Sector Equality Duty- Remove or minimise disadvantages- Take steps to meet the needs that are

different from the needs of those that do not share it

- Encourage persons sharing a relevant Protected Characteristic to participate in activities in which participation is disproportionately low

Public Sector Equality Duty

A public authority must have due regard to the need to:– Eliminate discrimination – Advance equality of opportunity – Foster good relations between different people when carrying

out their activities.• Need to have due regard and consider ‘seriously, rigorously and with an open

mind’– When making a decision – When developing a policy and keep under review – How to integrate into carrying out the school’s functions– A proportionate and light touch approach

Having Due Regard. The General 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:

• 1. Remove or minimise disadvantages • 2. Take steps to meet different needs • 3. Encourage participation when it is

disproportionately low.

What does the Act cover?

• It makes it unlawful to discriminate against, harass or victimise a pupil or potential pupil– In relation to admissions – In the way it provides education for

pupils– 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

Meeting the specific Equality duties

Schools need to update the published information at least annually and publish objectives at least once every four years.There are two specific duties that they 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 objectives.

Protected Characteristics

Gender Reassignment

Religion or Belief (including

lack of)

Marriage and Civil Partnership

Pregnancy and Maternity

Protected Characteristics

Age Disability Sex

Race Sexual orientation

Identify your vulnerable groups

• There is not single accepted definition of vulnerability but it is important that schools can identify key indicators. These could be

• Looked After Children • FSM • Minority Ethnic • Socially Disadvantaged/Economically Disadvantaged• Young Carers • Migrant workers/Asylum Seeker • Long term illness • Gay Lesbian Bisexual • Forces children• Protected characteristics

Public Sector Equality Duty

- Audit your environment- Look at your forms- Look at your statistics- Identify gaps- Engage with under-represented

groups

Data (School Census 2014)

• Primary schools (881 pupils)– 6% pupils are BME (not including Cornish or GRT)– 72% have at least one EAL pupil – 2.2% pupils are EAL

• Secondary schools (508 pupils)– 5% pupils are BME (not including Cornish or GRT)– 100% have at least one EAL pupil –1.7% of pupils are EAL

EAL in Cornwall• Currently over 1300+ pupils in schools in Cornwall

with English as an Additional Language• Our largest language communities are:– Polish– Lithuanian– Portuguese– Chinese (including Mandarin and Cantonese)– Spanish– Latvian

Gypsies are a minority ethnic group

The Mandla Criteria:

• They have a common history• They share their own separate culture• They have an oral literature separate from the rest

of society• Their practices of religious nature fit the Mandla

Criteria• Unlike the Saxons and Vikings,

they have not been absorbed into the English nation

•In 1988 The Court of Appeal confirmed that “Gypsies” are legally recognised in Britain as an Ethnic group. •Irish Travellers were recognised as an Ethnic group in 2000

An inclusive school is one where

• Teaching, learning, attitudes, achievements and well-being of every child matters

• Genuine account is taken of children’s varied life experiences and needs

• The school has an understanding of how well different groups achieve

An inclusive school is one where• There are strategies for promoting good

relationships and managing behaviour• Steps are taken to ensure that particular

groups are not disadvantaged• Practical steps are taken to meet

children’s needs effectively in order to promote tolerance and understanding within a diverse society

• Racism, sexism, phobic bullying and all forms of discrimination are addressed

• The curriculum for all maintained schools should promote social, moral, spiritual & cultural development of pupils and prepare them for the opportunities, responsibilities and experiences of later life.

The Ofsted Principles of School Inspection state that:• ‘School inspection acts in the interests of

children, young people, their parents and employers. It encourages high-quality provision that meets diverse needs and fosters equality.

• School inspectors will focus on pupils’, parents’ and carers’ needs by:

• evaluating the work of schools in eliminating discrimination, advancing equal opportunities and fostering good relations

• encouraging schools to strive to meet the diverse needs of all pupils’.

• These are all significant factors in raising aspirations and attainment.

How does the Equality Act help schools?The equality duty supports good education and improves pupil outcomes. It helps a school to identify priorities such as underperformance, poor progression, and bullying. It does this by requiring it to collate evidence, take a look at the issues and consider taking action to improve the experience of different groups of pupils. It then helps it to focus on what can be done to tackle these issues and to improve outcomes by developing measurable equality objectives.