School equality

Navigate this page

Back to Children, families and education

The Public Sector Equality Duty within the Equality Act 2010 is made up of two elements the General and Specific duties

Introduction The Specific Duties The General Duty Having ‘Due Regard’Ofsted inspection

Part of
School equality

Information and guidance for Somerset schools on the Public Sector Equality Duty

School equality data

Steps that schools need to take when using data and equality information

Using data and other equality information

Schools publishing data

Guidance on what information you should publish to met the general equality duty

Publishing sufficient information to show you have met the general equality duty

Equality objectives

Every school through the Public Sector Equality Duty must have one or more Equality Objectives

Setting and publishing equality objectives Example equality objectives and activities – General Example equality objectives and activities – Protected Characteristics Specific Questions to help schools identify equality objectives

Introduction

What is the Public Sector Equality Duty?

These webpages provide information and guidance for Somerset schools on the Public Sector Equality Duty within the Equality Act 2010. It should provide an understanding of the legislation and practical guidance on how to best meet these duties.

The Equality Act 2010 identifies who is protected by the legislation. For schools this is:

Disability
Gender reassignment
Pregnancy and maternity
Race (this includes ethnic or national origins, colour or nationality)
Religion and belief (this includes lack of belief)
Sex
Sexual Orientation

The Public Sector Equality Duty is made up of two elements the General and Specific Duties.

The Specific Duties

The Specific Duties apply to all schools, are as follows:

1. To publish information to demonstrate compliance with the general duty and subsequently at intervals of not greater than 1 year – this to include information relating to people who share a relevant protected characteristic who are,

(a) its employees (for organisations with 150 or more employees) and
(b) other people affected by its policies and practices (in particular people benefiting from services provided, such as school pupils).

2. To prepare and publish one or more equality objectives and subsequently at intervals of not greater than 4 years beginning with the date of last publication.

In the case of most public bodies, including schools, it is unlikely that one objective would be an adequate response to needs, given the range of protected characteristics and evidence of underachievement and other poorer outcomes for some protected characteristics. Schools setting only one objective would be open to legal challenge for failure to show ‘due regard’, though for a very small school, with excellent practice, one objective might be adequate.

Two important principles underlying how schools respond to the specific duties are proportionality and flexibility. For example, more information and more equality objectives are expected from a large secondary school than from a small primary. Also, each individual school is expected to interpret the legislation in ways which are appropriate to its own context, neighbourhood, history and circumstances.

The General Duty

The General Duty requires schools and other public bodies to have due regard to the need to:

eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the 2010 Equality Act
advance equality of opportunity between people who share a protected characteristic and people who do not share it
foster good relations between people who share a protected characteristic and people who do not share it.

Advancing equality of opportunity is explained as considering the need to:

remove or minimise disadvantages suffered by people due to their protected characteristics
meet the needs of people from protected groups where these are different from the needs of other people
encourage people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

Fostering good relations involves:

tackling prejudice
promoting understanding between people from different groups.

Having ‘Due Regard’

In March 2010, Baroness Thornton in the Equality Bill debates outlined the approach of the courts to having ‘due regard’:

“I shall try to explain what “due regard” means and how the courts interpret it. The courts have made it clear that having due regard is more than having a cursory glance at a document before arriving at a preconceived conclusion. Due regard requires public authorities, in formulating a policy, to give equality considerations the weight which is proportionate in the circumstances, given the potential impact of the policy on equality. It is not a question of box-ticking; it requires the equality impact to be considered rigorously and with an open mind.“

Due regard should be able to change the outcome of the decision or change that is taking place. This due regard should be informed by evidence and data to make sure it is not based on assumptions. It is good practice for schools to keep a written record showing that they have actively considered their equality duties and asked themselves relevant questions. This will enable them to respond effectively to any challenge they receive, for example from parents or carers.

Ofsted inspection

Equality and equity of outcome play a fundamental role in the Ofsted Inspection Framework. This includes how educational settings are compliant with the legal duties in the Equality Act 2010 – Education inspection framework – GOV.UK

Last reviewed: July 17, 2024 by Jenny

Next review due: January 17, 2025