The Equality Act 2010 covers all aspects of school life* to do with how a school treats pupils and prospective pupils, parents and carers, employees, and members of the community. Everything a school does must be fair, non-discriminatory and not put individuals or groups of people at a disadvantage. In particular, a school must not discriminate, harass or victimise a pupil or potential pupil in relation to:
• Admissions.
• The way it provides education for pupils.
• How it provides pupils access to any benefit, facility or service.
• Excluding a pupil or subjecting them to any other detriment.
What actions and behaviours are unlawful under the Act?
The Act defines a number of types of unlawful behaviour, including:
• Direct discrimination.
• Indirect discrimination.
• Failing to make reasonable adjustments for disabled pupils or staff.
• Discrimination arising from disability.
• Harassment related to a protected characteristic.
• Victimisation of someone because they have made, or helped with, a complaint about discrimination.
Protected characteristics
The Act uses the term “protected characteristics” to refer to aspects of a person’s identity.
Treating a person less favourably because they have one or more of these characteristics would be unlawful. The protected characteristics are:
• Age.
• Disability.
• Gender reassignment.
• Marriage and civil partnership.
• Pregnancy and maternity.
• Race.
• Religion or belief.
• Sex.
• Sexual orientation.
Public Sector Equality Duty
Since April 2011, schools have also been bound by a part of the Equality Act 2010 called
the Public Sector Equality Duty (also known as the PSED or simply the “Equality Duty”).
The new Equality Duty has two parts: the “general” duty and “specific” duties. The general
duty is the overarching legal requirement for schools and means they must consider how their policies, practices and day-to-day activities impact on pupils and staff. Schools are required to have “due regard” to the need to:
• Eliminate unlawful discrimination, harassment and victimisation.
• Advance equality of opportunity.
• Foster good relations.
There are two specific duties for schools aim to assist them to meet the general duty.
These are:
• To publish information to show how they are complying with the Equality Duty. This
must be updated at least annually.
• To prepare and publish one or more specific and measurable equality objectives at least every four years.
Inclusion Hampshire Equality Objectives 2020- 2024:
In Relation to Teaching and Learning
● Educate all about discrimination and prejudice and promote a harmonious environment.
● To reduce prejudice and increase understanding of equality through direct teaching across the curriculum
● To promote spiritual, moral, social and cultural development and understanding through a rich range of experiences both in and beyond the Provisions.
In Relation to Achievement
● Strive for all learners regardless of ethnicity, age, gender and ability to make progress in all aspects of their learning and personal development
● To ensure that all ‘vulnerable’ learners achieve targets
Inclusion Education Targets:
● By July 2023, 90% of the staff will feel confident in responding effectively to prejudice-related bullying, as shown by the annual staff survey.
● By the end of the 2023/ 24 school year, 100% of learners will feel they have received support and education in challenging bullying, prejudice and discrimination, as shown by end of year learner surveys
● The future outcomes of all learners with barriers to learning will be achieved, with 90% of learners securing a destination in mainstream, further education, employment or training by August 2024
1 * for the purpose of this document, ‘School’ refers to Inclusion College and Inclusion School ‘pupils’ to our students and learners.
