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Eliminating discrimination, harassment and victimisation: guidance for schools

Wedi ei gyhoeddi: 1 Awst 2022

Diweddarwyd diwethaf: 1 Awst 2022

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The general equality duty explains what schools need to think about before making significant decisions and considering new policies and procedures. Schools need to consider whether the policy or decision is likely to result in discrimination against pupils with protected characteristics.

Our technical guidance on the public sector equality duty: England includes definitions of:

  • direct and indirect discrimination
  • harassment, victimisation
  • reasonable adjustments
  •  discrimination arising from disability.

Schools should use the PSED when making decisions, including about school activities, to identify what pupils need. The needs of pupils should be weighed against the school's other priorities.

Good practice example: planning school trips

A primary school is planning a trip to a local history museum. Before confirming the trip, it checks the accessibility of the venue. One of its pupils is deaf and the museum does not have a hearing loop. This would mean the pupil is unable to participate fully in the trip.

The school decides to change the trip to attend a museum that has a hearing loop. Although it will take longer to travel to the other museum, the school decides that this is a reasonable adjustment to make because the original plan would put their disabled pupil at a substantial disadvantage.

The school has eliminated potential discrimination and balanced the interests of its pupils for the best educational outcomes. It also met the second aim of the general equality duty (to advance equality of opportunity) by responding to the needs of its deaf pupil.

Hair discrimination

Schools can eliminate discrimination by reviewing their policies and practices and making sure they comply with the Equality Act 2010.

For example, schools may have particular policies or rules related to hair or hairstyles which indirectly discriminate against pupils with certain protected characteristics, such as:

  • race
  • religion or belief
  • sex
  • disability
  • sexual orientation
  • gender reassignment.

Case law example: hair discrimination

A school had a policy banning boys from wearing certain hairstyles, including cornrows (also known as canerows). A pupil challenged the ban, arguing that exceptions should be made when cornrows were worn for cultural and family reasons.

A court found that the policy was indirectly discriminatory. Family and social customs can be part of ethnicity and so they are included in the protected characteristic of race. The school would need to change the policy to avoid breaking the law.

You can find detailed information and more examples in our guidance on preventing hair discrimination in schools.

Exclusions

The Equality Act 2010 prohibits schools from excluding or discriminating against pupils because of their protected characteristics during the exclusions process. Schools must consider the general equality duty when making decisions about discipline and exclusions. Take care not to make assumptions that may lead to unlawful discrimination.

To eliminate discrimination, schools are encouraged to analyse, monitor, review and publish their non-confidential data about how they use temporary and permanent exclusions. This is to make sure pupils with specific protected characteristics are not being affected by exclusions disproportionately.

The Equality Act also says schools must make reasonable adjustments for disabled pupils when imposing discipline or exclusions. Disabled pupils should not be put at a substantial disadvantage to their non-disabled classmates by a school's exclusion policy or disciplinary action. For example, you might need to adapt your disciplinary action or use a different one.

You can find additional information in our guidance on exclusions

Good practice example: exclusion policies

A pupil with a learning disability has been excluded for repeatedly getting up from his seat during lessons and disrupting other pupils. It is the school’s policy that repeated disruptive behaviour is punished by exclusion.

The school has a duty to consciously consider (have due regard to) the need to remove or minimise disadvantages suffered by disabled pupils. It decides to consider making reasonable adjustments to its policy, such as: 

  • working with the pupil to find a way to help him remain in his seat during lessons, which would minimise disruption to the class
  • developing strategies to be added to the pupil’s education health and care plan 

The school also decides to:

  • inform relevant staff about the pupil's needs and the reasonable adjustments they need to make to avoid discriminating against him
  • record the pupil's requirements on classroom management systems.

Good practice example: using data on exclusions

To meet the PSED, a school reviews its information (data) on exclusions. It finds that a disproportionate number of pupils who have been temporarily or permanently excluded are boys of mixed White and Black Caribbean ethnicity.

The school also looks at local and national data which supports its own evidence. It has identified possible discrimination. The school decides to re-write its exclusion policy to include clear thresholds on exclusion that are applied consistently for all pupils.

The school runs some focus groups with teachers, pupils and their parents or carers from mixed White and Black Caribbean backgrounds. This helps to identify other things the school can do to reduce the high number of exclusions among these groups.

After the focus groups the school organises a range of activities and events, including:

  • parent and pupil workshops
  • visits from role models from a range of backgrounds
  • assigning mentors and teaching classes to promote emotional literacy
  • teaching skills on assertiveness, socialisation and behaviour management.

Over time there is a significant decline in exclusions of boys of mixed White and Black Caribbean ethnicity.

Good practice example: offering courses to excluded pupils

A local authority offers vocational but not academic courses to excluded pupils through its pupil referral unit. It is aware from national statistics that a high proportion of Gypsy and Roma pupils are excluded from school. It recognises the potential for indirect discrimination if academic courses are not offered at the pupil referral units.

As a result, the pupil referral unit starts offering academic options to all pupils referred there. The local authority includes information on this change of policy as part of the data it publishes to demonstrate how it has complied with the Public Sector Equality Duty (PSED).

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