The Equality Act came into force on 1 September 2010 and Chapter 1 Part 6 of the Act provides the relevant law for all schools in England and Wales.
All maintained schools and academies are covered by the Public Sector Equality Duty (PSED) which came into force on 5 April 2011. This consists of a general Equality Duty found in section 149 of the Equality Act 2010 and the specific duties relating to schools. In summary those subject to the Equality Duty, i.e. all academies and maintained schools, must in the exercise of their functions have due regard to:
- eliminating unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act
- advance equality of opportunity between people who share a protected characteristic and those who do not
- foster good relations between people who share a protected characteristic and those who do not.
The Act explains that having due regard for advancing equality involves:
- removing or minimising disadvantages suffered by people due to their protected characteristics
- taking steps to meet the needs of people from protected groups where these are different from the needs of other people
- encouraging people from protected groups to participate in public life or other activities where their participation is disproportionately low.
In fulfilling the PSED there are various dates that must be adhered to. Schools and academies are required to publish sufficient information to demonstrate that they have complied with the general equality duty by 31 December 2011 and annually thereafter. The information to be published must include:
- information on the effect that their policies and practices have had on pupils and others from protected groups
- evidence of the analysis undertaken to establish whether their policies and practices will, or have furthered the three equality aims of the general equality duty
- details of the information used in that analysis
- details of engagement with people with an interest in the aims of the duty.
In addition, all schools and academies must prepare and publish quality objectives by 6 April 2012 and at least every four years thereafter. The objectives must be SMART, that is Specific, Measurable, Achievable, Realistic and Time limited. There must be published details of the schools engagement in developing the equality objectives at least every four years in line with the publication of those objectives.
The three main elements to the objective setting process are preparation, publication and measurement.
In setting objectives and considering the schools equality duties, it will be necessary to carry out Equality Impact Assessments (EIA). Carrying out an Equality Impact Assessment for schools or academies includes systematically assessing the actual or likely effects of their policies on pupils, parents / carers and others using the schools facilities in respect of each protected characteristic. EIA's are required of policies in the broadest sense thus embracing the full range of functions, activities and decisions for which the school / academy is responsible. This is essentially everything that it does. Note that the new Ofsted inspection regime will evaluate compliance with the Equality Act 2010.
For further information, please contact Yvonne Spencer on 0117 314 5202 or Tracey Eldridge-Hinmers, on 020 7665 0802.
This article appeared in NASBM Sector Equality Duty, November 2011.
This publication is for guidance only. Reliance should not be placed upon it and nor should action be taken, without obtaining advice in respect of the specific circumstances applicable. We will be pleased to provide such advice or assistance.
