Equality, Diversity and Community Cohesion

Guidance for Merton Schools

October 2009

“Making All Children Matter”

Contents

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Section 1. Context

1.1 Introduction and purpose

1.2 Legislative background

1.3 What is Community Cohesion?

Section 2. A Model Framework for a Single Equality, Diversity and Community Cohesion Policy Structure for schools

2.1 Introduction

2.2 The School Context - What sort of school are we?

2.3 Our approach to promoting equality and diversity

2.4 A cohesive community

2.5 Race Equality

2.6 Disability Equality

2.7 Gender Equality

2.8 Roles and responsibilities

2.9 Monitoring, reviewing, assessing school practice implementation

Section 3. Summary of schools' statutory duties and good practice requirements

3.1 Whose responsibility is it?

3.2 Community Cohesion

3.3 Race Equality and the Race Relations Amendment Act 2000

3.4 The Disability Equality Duty

3.5 The Gender Equality Duty

3.6 Discrimination on the grounds of religion or belief

Section 4. Appendices: Putting the Equality, Diversity and Community Cohesion Single Policy together

4.1 Developing equality schemes

4.2 Community Cohesion Standards: audit for schools

4.3 SEF Guidance: The effectiveness with which the school promotes equal opportunity and tackles discrimination

4.4 SEF Guidance: The effectiveness with which the school promotes community cohesion

4.5 Useful documents, websites and contacts

Section 1: Context

1.1 Introduction and Purpose

This document provides schools with guidance and a model framework for responding to current equality, diversity and community cohesion legislative requirements on school practice. The document also provides ideas and suggestions to assist and support schools in meeting their statutory and practical duties to promote community cohesion, equality and diversity, while incorporating their disability, gender and race equality duties into school practice. It also acknowledges, updates and builds on any relative and relevant work that schools have undertaken thus far, in response to all their legislative practice requirements.

The new Ofsted framework (Sept 2009) underlines the importance of these policies. Ofsted inspections will now include a judgement on:

Schools are reminded that the Equal Opportunities judgement is a limiting judgement ie. the grade can affect the overall school grade.

Schools should note that they may either have single overarching or separate and distinct Equality, Diversity and Community Cohesion policies/schemes and action plans, as long as they have gone through the required stakeholder/partnership participatory and consultative processes of how they should develop their equality and diversity policies/ schemes and action plans.

However, Merton Local Authority's current advisory approach for schools is based on a single overarching policy and has been chosen to primarily provide schools with a model framework for a single equality, diversity and community cohesion policy which recognizes that all and any actions resulting from a policy are what make a difference and should not be hierarchical in how they subsequently need to be implemented, in order to influence school practice accordingly.

What is needed is the effective ability of school practice, based on their equality, diversity and community cohesion policies and action plans, to establish and address the real needs of all stakeholders, in order to deliver under the Every Child Matters (ECM) agenda.

It is therefore advised that schools' Equality, Diversity and Community Cohesion Policies should:

• set out in detail how the school will meet all the statutory duties and clearly define the • responsibilities for this (refer to Section 2.8)

• summarize the school's approach to equality, diversity and community cohesion, across the whole school community

• be evaluated annually as part of the school's self evaluation process to identify priorities for the school development plan (refer to Appendix 4.3 and Appendix 4.4)

Schools may, as is being advised in the model policy structure, also choose to incorporate their Disability Equality and Gender Equality Schemes into their single overarching Equality and Diversity Policies.

This document should be used as a starting point for discussion, along with ideas that schools may wish to develop further, relative to their own unique identified needs. Schools should discuss and consult with all their stakeholders, particularly the users of their services. Throughout this document the term `parents' includes carers and guardians.

1.2 Legislative Background

This document has been produced taking account of current and relevant legislation that affects school practice:

• Equal Pay Act 1970

• Sex Discrimination Act 1975

• Race Relations Act 1976 as amended in 2000

• Disability Discrimination Act 1995 as amended in 2005, Disability Equality Duty (2005)

• Code of Practice for Schools 2002

• Human Rights Act 1998

• Sex Discrimination (Gender Reassignment) Regulations 1999

• Special Educational Needs and Disability Act 2001

• The Employment Equality (Religion or Belief) Regulations 2003

• The Employment Equality (Sexual Orientation) Regulations 2003

• Equality Act 2006

• Education and Inspections Act 2006 (Duty to promote community cohesion)

• Equality Act (Sexual Orientation) Regulations 2007

•The National Curriculum (1999), which incorporates a statement on inclusion, `Providing effective learning opportunities for all children'.

The only specific requirement is for schools to publish schemes or policies in the three areas of race, gender and disability. Schools should, however, take account of and make reference to other equality strands such as age, religion or belief and sexual orientation, within their equality and diversity policies and procedures and when assessing and evaluating the implications of all their policies and procedures on all their school practice. Particular attention will need to be paid to the monitoring of data on all incidents that occur during practice implementation.

More detail about the legislation that is particularly relevant for schools is included in Section 3.

1.3 What is community cohesion?

A cohesive community is defined as one where:

• There is a common vision for all communities, an emphasis on articulating what binds communities together rather than what differences divide them, a sense of belonging, of identifying with the neighbourhood and of `looking out for each other'.

• There is a practical and evidential commitment to equality, diversity and social justice.

• The diversity of people's different backgrounds and circumstances is appreciated, respected and protected in all practice, in order to support integration and cohesion in changing and emerging communities.

• People have similar life opportunities and choices, irrespective of background.

• Everyone understands their rights and responsibilities and is given the opportunity and

encouraged to participate at all levels.

• Strong and positive relationships are being developed between people from different

backgrounds in the workplace, in schools and within neighbourhoods.

Definitions extracted from Community Cohesion Education Standards for Schools (Home Office; DfES; CRE, 2004), Our Shared Future (Commission on Cohesion and Integration, 2007), Guidance on the duty to promote community cohesion (DCSF, 2007), Local Government Association, (2002), Department for Communities and Local Government, 2006)

The national Community Cohesion Standards are framed by four strategic aims, which are to:

• Close the attainment and achievement gap between different pupil groups.

• Develop common values of citizenship based on dialogue, mutual respect based on the acceptance of diversity.

• Contribute to building good community relations and challenge all types of discrimination and inequality.

• Remove the barriers to access, participation, progression, attainment and achievement.

The DCSF Guidance on the duty to promote Community Cohesion (2007) suggests schools' contribution to community cohesion can be grouped under the following three headings:

• Teaching, learning and the curriculum - to teach pupils to understand others, to promote common values and to value diversity, to promote awareness of human rights and of the responsibility to uphold and defend them, and to develop the skills of participation and responsible action.

• Equity and excellence - to ensure equality of opportunity for all to succeed at the highest level possible, removing barriers to access and participation in learning and wider activities through the elimination of detrimental variations in outcomes for different groups of learners.

• Engagement and extended services - to provide a means for children, young people and their families to interact with people from different backgrounds and build positive relations, including links with different schools and communities locally, across the country and internationally, where appropriate.

The Ofsted criteria for judging Community Cohesion is in Appendix 4.4

Section 2: A Model Framework for a Single Equality Policy Structure

2.1 Introduction

This single Equality Policy structure sets out a model framework that schools can adapt to their context, policies and practice, to promote community cohesion, equality and diversity. It also covers a possible response by the school to meeting its statutory responsibilities in relation to disability, gender and race, as part of the same single policy. It may be that other school policies have covered parts of what is required. If so, schools should cross-refer, rather than reproducing material in full.

The framework and settings allow schools to produce their own single equality policies. Schools will be at different stages of developing their policies/ schemes so the model framework is designed in such a way:

Suggestions in this section for wording the policy are in ordinary type [ordinary type], those about the policy are in italics.

Suggested preamble to policy

The over-arching single Equality Policy statement sets out:

• The school's context.

• The school's vision, mission, aims and values. This should articulate the schools commitment to the best possible outcomes for all pupil groups

•The school's approach to promoting equality, diversity and community cohesion, recognizing and celebrating diversity and tackling all forms of unlawful discrimination within school practice as required under all the legislative requirements.

• Specific reference to community cohesion, race equality, disability equality and gender equality.

• Roles and responsibilities for all those who will be involved in the implementation of equality, diversity and community cohesion relevant school functions and activities.

• Monitoring, reviewing and evaluating the impact of school practice on all of the school's stakeholders through continually recorded data, feedback from stakeholders and annual evaluation set put in the school's SEF.

2.2 The School Context - What sort of school are we?

This section can be based on the context section of the SEF It could include a summary of information about:

• The geographical location of the school.

• The communities served by the school and parental involvement with school practice.

• Ethnic composition and data on pupils, staff and members of the school governing body in context of the local and any other community that is served by the school.

• Any travellers, refugees, asylum seekers and any other new arrivals who are part of the school's stakeholders.

• Disability data, including information on numbers of disabled pupils and staff

• Gender data.

• Socio-economic background(s) of pupils, including FSM

• Attainment and progress levels of different groups of pupils

• Religious and linguistic diversity of pupils in context of the local and any other community served by the school.

• Other disadvantaged groups of pupils e.g. LAC

• Pupil mobility.

The section above should help schools implement their policy in a way that is meaningful for their particular setting and needs. For example, if there is little linguistic diversity in a school, this should be made explicit and a statement relating to the school's approach to linguistic diversity is likely to emphasize the school's commitment to enriching the linguistic experiences of all its pupils while recognising and celebrating the linguistic diversity of British society.

2.3 Our approach to promoting equality and diversity

The school's Equality and Diversity Policy provides a framework for the school's determination to eliminate all forms of unlawful discrimination and harassment; promote equality of opportunity; and promote good relations and positive attitudes between people of diverse backgrounds, in all its relevant functions and activities.

Through the implementation of this policy, the school seeks to ensure that no member of the school community or any other person, in their contact with the school, receives less favourable treatment on any grounds that cannot be shown to be justified. If any issues of less favourable treatment are identified and/or reported, they are dealt with according to a whole school practice approach.

This covers race, colour, nationality, ethnic or national origin, religion or belief, gender, marital status, responsibility for children or other dependants, looked after children, young carers, teenage parents, disability, sexual orientation, gender reassignment, age, trade union or political activities, socio-economic background, where the person lives, spent convictions. The principles of this policy apply to all members of the extended school community - pupils, all staff, volunteers, visitors, governors, parents, community members and business partners.

2.4 A cohesive community

See section 1.3 and section 3.2 and insert a paragraph here that reflects the communities served by your school.

Ensure that you include all types of communities served by the school, i.e, the school and its extended communities, the school in its geographical community, the British community, the global community, other communities of interest (for example, environmental groups, faith groups, ethnic groups). You may wish to refer to how you make use of resources within your school clusters. You may also want to add:

In order to contribute practically, to the achievement of a cohesive community, our school aims to:

• promote understanding and meaningful engagement between different communities.

• encourage all children and families to feel part of the school and wider community.

• understand the needs and hopes of all our communities.

• identify and tackle all forms of unlawful discrimination.

• increase life opportunities and choices for all the school's stakeholders.

• ensure teaching, learning and the curriculum, explore and address adequately, issues of equality and diversity relative to the needs of all stakeholders.

2.5 Race Equality

Refer to Section 3.3 and Appendix 4.5 and use the general and specific duties of the Race Relations Amendment Act 2000, to insert a paragraph that reflects the particular context of your school. It would be advisable to incorporate your full Race Equality Policy in this section.

2.6 Disability Equality

Refer to Section 3.4 and Appendix 4.5 and use the general and specific duties of the Disability Equality Duty to insert a paragraph that reflects the context of, and approach to disability equality in, your school. It would be advisable to incorporate your Disability Equality Scheme (DES) in this section. Plus DDA and Accessibility Plan

2.7 Gender Equality

See Section 3.5 and Appendix 4.5 and use the general and specific duties of the Gender Equality Duty to insert a paragraph that reflects the context of, and approach to gender equality in, your school. Again, it would be advisable to incorporate your Gender Equality Scheme (GES) in this section.

2.8 Roles and responsibilities

The school's policy should include details of responsibilities for the policy and its actions (who, when, where and with what aims) and how they will be held accountable

All who work, learn and visit our school are expected to support, and are responsible for, the promotion of equality, diversity and meaningful inclusion in all their dealings with the school, intentionally avoiding all forms of unlawful discrimination.

School governors are responsible for:
• developing and implementing the school's equality and diversity policy.

• the school's compliance with all equality, diversity and community cohesion legislative requirements (refer to Section 1.2 and Section 3).

• the single equality and diversity policy and its procedures being regularly monitored through appropriate evidence presented in reports and recorded data.

• ensuring that this policy covers all aspects of school life.

The Head teacher is responsible for ensuring that:
• all aspects of school life reflect a commitment to equal opportunities.

• all the statutory duties are responded to appropriately, by all concerned.

• any policies and their action plans are readily available and that all members of the school community are aware of the equality and diversity policy and their role in its implementation.

• procedures are clear and followed by all staff, based on requirements, through reasonable and practicable evidence.

• regular information is provided for staff and governors about the policy and how it is working to underpin all the relevant areas of school practice.

• staff training needs are identified and addressed.

• all staff and other relevant stakeholders know and understand their responsibilities and receive training and support in carrying these out effectively.

• appropriate action is taken in cases of all forms of harassment and unlawful discrimination in all areas of school practice.

• statutory duties regarding the reporting of racist incidents are implemented rigorously and

regularly.

All staff, including supply, visiting staff and volunteers are responsible for:

• dealing proactively with all forms of unlawful discriminatory practice, recognising and tackling bias, prejudice and stereotyping, as part of implementing good school practice for all.

• following procedures for recording, addressing and/or reporting all equality and diversity

based incidents, particularly racist, sexist and homophobic incidents in every aspect of school

life

• promoting equality and good community relations and avoiding unlawfully discriminating against anyone for reasons of age, race, colour, nationality, ethnic or national origins, gender, disability, religion or belief, sexual orientation or socio-economic circumstances, in all their work.

• planning their teaching and learning and all other school activities to maximize equality of participation and remove barriers to learning especially for the most vulnerable pupils.

• keeping up to date with all the requirements on unlawful discrimination, seeking and taking training and learning opportunities that are on offer.

• contributing to the development, monitoring, implementation, assessment and review of the Equality, Diversity and Community Cohesion policy.

Parents and pupils

As part of their policy the school should include codes of conduct/homes-school agreements that reflect the aims and expectations of the equalities policy.

Visitors to the school, contractors and other business partners are responsible for:

• promoting equality and good community relations and avoiding unlawfully discriminating against

anyone for reasons of age, race, colour, nationality, ethnic or national origins, gender, disability, religion or belief, sexual orientation or socio-economic circumstances, in all their work.

Some schools may have an Equalities Working Group. If so the policy might then include details of the Working Group in a form such as this one:

Overall responsibility for overseeing equality based school practice lies with a named member of the Senior Management Team and a named governor, as part of an Equalities/Standards Working Group whose members comprise representatives of the staff, pupils, governors and parent groups. The Working Group will ensure that the relevant school functions and activities respond to all Equality and Diversity issues and their implications for all school practice, as required.

Responsibilities of the Working Group could include:

• coordinating, monitoring and reporting on work on all equality and diversity issues and

requirements regarding all of the school equality and diversity relevant functions and activities.

• dealing appropriately with and monitoring reports of, and data on, all forms of unlawful

discrimination in all areas of school functioning, (e.g. all forms of harassment, racist, homophobic and any other incidents).

• monitoring the progress and attainment of vulnerable and minority groups of pupils (e.g. Black,

working class, other minority ethnic pupils including Gypsies and Travellers).

• monitoring data on all exclusions.

• monitoring the implementation of Equality and Diversity requirements in all the relevant areas of

school practice functioning.

• ensuring the appropriate support for all stakeholders when needs are identified.

If the school does not have such a group the policy might include this:

Overall responsibility for overseeing equality based school practice lies with a named member of the Senior Management Team and a named governor.

2.9 Monitoring, reviewing, assessing impact and evaluating and managing the implications of school practice provision, on different groups of stakeholders.

The policy should include a clear description of the monitoring and evaluation arrangements

The policy will be regularly monitored, reviewed and assessed by staff and governors involved, to ensure that it is effective in tackling discrimination, promoting access and participation, equality and good relations between different groups. Also that it is not disadvantaging any particular sections of the communities served by the school and where it is found to be, appropriate action will be taken to rectify the situation, as part of ensuring good school practice for all.

The impact of the equalities policy will be assessed annually.

This may include:

This annual assessment will be judged against Ofsted criteria for equality of opportunity and community cohesion and summarised in the SEF.

The annual assessment will be presented to Governors and priorities included in the school development plan.

The School Development Plan will ensure that any findings made under any of the Equality and Diversity policy will form part of the school's action plans.

The school will also ensure that other school policies address equality issues relevantly and proportionately.

A named member of staff and a named governor/ Equalities and Standards Working Group responsible for all equality issues will monitor specific agreed outcomes (refer to section 2.8).

The Head Teacher will provide regular monitoring reports for review by the Governing Body. These will include: school population, workforce recruitment, retention and progression, key initiatives, progress against targets and future plans.

Section 3: Summary of schools' statutory duties and good practice requirements

5

3.1 Whose responsibility is it?

Schools, through all their staff, pupils, visitors and other relevant stakeholders, are directly responsible for ensuring that all their relevant functions are underpinned, as required, by Equality, Diversity and Community Cohesion requirements.

Where schools make use of a particular service or function for which the local authority has responsibility (e.g. school admissions), responsibility for compliance with the equality, diversity and community cohesion duties, in respect of this service or function, also rests with the local authority.

Services and functions that might need particular consideration are:

• Employment

• Procurement

• Provision of extended services

3.2 Community Cohesion

The Education and Inspections Act 2006 inserted a new section 21(5) to the Education Act 2002 which introduces a duty on schools' governing bodies to promote community cohesion. This came into force in September 2007. Ofsted have included the implementation of the duty in their inspection from September 2008. The legislative requirements on schools to meet this duty are in the Equality Act 2006 and outlined in the Race Relations Amendment Act (2000) (refer to Section 3.3).

The document `Community Cohesion Education Standards for Schools' (DfES, Home Office and Commission for Racial Equality 2004) provides illustrative approaches for schools to check against, draw from and adapt to reflect their own local circumstances and issues.

Appendix 4.2 uses this document and the recommendations of `Our Shared Future' (Commission on Integration and Cohesion, 2007) to provide schools with an appropriate framework on how to promote community cohesion within school practice.

3.3 Race Equality and the Race Relations Amendment Act 2000

The Act places a general duty on schools to:

• promote equality of opportunity

• promote good race relations

• eliminate unlawful racial discrimination.

Schools also have a number of specific duties that include:

• preparing a written race equality policy and action plan and keeping it reviewed and up to date as required.

• assessing and evaluating the implementation of their policies and the impact of school practice and provision on pupils, staff and parents from different racial groups, particularly the impact on pupils' attainment levels.

• assessing, monitoring and responding appropriately to the impact of policies on pupils, staff and parents and on pupils' attainment levels.

The Commission for Racial Equality recommends that all schools should:

• designate a senior teacher with overall responsibility for dealing with racist incidents.

• ensure that all members of staff are familiar with procedures and should share responsibility for

ensuring procedures are followed.

• have a trained governor with responsibility for equality.

• ensure that the senior member of staff and the governor for equalities should monitor the

nature and number of reported racist incidents and should present full and regular reports to the governing body.

• hold details of individual incidents (names etc) at school

• maintain a log of racist incidents which is shared with the LA on a regular basis (link to form)

Schools wanting more guidance may use the Commission for Racial Equality's (CRE) framework for preparing a policy. However schools in Merton are being advised to have an inclusive and overarching single Equality, Diversity and Community Cohesion Policy.

Further advice on a stand-alone equality policy is also available as an appendix in the CRE's Guide for Schools on the Code of Practice on the Duty to Promote Race Equality, available from the Equality and Human Rights Commission's website at www.equalityhumanrights.com

3.4 The Disability Equality Duty

Part 1 of the Disability Discrimination Act (DDA) 1995 defines a disabled person as someone who has “a physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities”

Definition of terms:

• `physical impairment' includes sensory impairments.

• `mental impairment' includes learning difficulties and an impairment resulting from, or consisting of, a mental illness.

• `substantial' means `more than minor or trivial'.

• `long-term' is a period longer than (or likely to be longer than) 12 months.

The definition is broad and includes a wide range of impairments, including hidden impairments such as dyslexia, autism, speech and language impairments and attention deficit hyperactivity disorder (ADHD). These may all constitute a disability, but only if the effect on the person's ability to carry out normal day-to-day activities is substantial and long-term, as defined above.

The Disability Discrimination Act (2005) expanded the definition to include automatically', i.e. whether or not the substantial/long term text applies, all those with cancer (whether in remission or not), multiple sclerosis and HIV `All with severe disfigurements are also included in the definition.

The effect on normal day-to-day activities is on one or more of the following:

• mobility

• manual dexterity

• physical co-ordination

• continence

• ability to lift, carry or otherwise move everyday objects

• speech, hearing, eyesight

• memory or ability to concentrate, learn or understand

• perception of risk of physical danger.

People with cancer, multiple sclerosis, HIV infection or a severe disfigurement are automatically covered by the definition. There are special provisions for people with progressive or recurring conditions. For children and young people in schools, there is a significant overlap between those who count as disabled under the DDA and those who have special educational needs (SEN), as defined by the Education Act 1996.

However, not all disabled children and young people have SEN, e.g. those with asthma, heart problems, cancer etc and not all pupils with SEN have a disability e.g. some children with emotional and behavioural difficulties. A disabled child has SEN if they have a disability and need special educational provision to be made for them in order to be able to access the education that is available locally.

There is no statutory requirement for schools to collect and report information on pupils' disabilities, However, it is recommended as good practice, to monitor the implementation of school policies and practices to ensure they are not disadvantaging pupils with disabilities and to monitor pupil progress, attainment, attendance and exclusions for any differential outcomes so that they can be responded to accordingly.

The amended DDA 2005 places a duty on all public authorities, including publicly funded schools, to promote disability equality. The disability equality duty includes two main elements, a general duty and specific duty.

The General Duty

The duty requires schools, when carrying out their functions, to have due regard to the need to:
• promote equality of opportunity between disabled persons and other persons

• eliminate discrimination that is unlawful under the Act

• eliminate harassment of disabled persons that is related to their disabilities

• promote positive attitudes towards disabled persons.

• encourage participation by disabled persons in public life

• take steps to meet disabled people's needs, even if this requires more favourable treatment.

Specific Duty

In addition to the general duty, which sets out what schools have to do, schools also have to meet a specific duty. This sets out how schools have to meet the general duty and what they need to record as evidence of what they have done, continue to do and intend to do in future, based on what they have recorded.

The main requirements of the specific duty are to:
• prepare and publish a Disability Equality Scheme demonstrating how the school intends to

fulfil its general and specific duties

• involve disabled people (pupils, staff, parents and any significant others) in the development of the scheme

• implement the actions in their scheme within three years

• report on their schemes annually

• review and revise their scheme every three years, earlier if review findings make it necessary.

Schools are already required to plan to improve the accessibility of their schools for their disabled pupils under the planning duties contained in Part 4 of the DDA. Schools may wish to publish a single document that contains both their access plan and DES, or a separate plan and scheme, according to what will work best for them on an individual basis. However the school chooses to present this information, the DES and the main elements of the Disability Equality Duty need to be distinct, easily identifiable, and in one place.

In meeting the accessibility requirements, schools must show how they will improve access for disabled pupils by:

• increasing access to the curriculum;

• making improvements to the physical environment of the school to increase access;

• making written information accessible to pupils in a range of different ways.

3.5 Gender Equality Duty

General Duty

The Equality Act 2006 amends the Sex Discrimination Act 1975 (SDA) to place a statutory duty on all public authorities, including schools, when carrying out their functions, to have due regard to the need to:

• eliminate unlawful sex discrimination and harassment (and)

• promote equality of opportunity between females and males.

“Due regard” comprises two linked elements: proportionality and relevance. The weight given to gender equality should therefore be proportionate to its relevance to a particular function. In terms of unlawful discrimination and harassment in employment and vocational training, the general duty also applies to people who intend to undergo, are undergoing or have undergone gender re-assignment. For more detailed information on gender equality in employment, see http://www.epm.co.uk/

Specific duties

To support progress in delivering the general duty, there is also a series of `specific duties' which school practice is required to respond to and they include the following activities:

• To prepare and publish a Gender Equality Scheme, showing how the school will meet its general and specific duties including setting out its gender equality objectives.

• In formulating its overall objectives, to consider the need to include objectives to address the causes of any gender pay gap.

• To gather and use information on how the school's policies and practices affect gender equality in the workforce and in the delivery of services, in particular education functions.

• To consult stakeholders (i.e. pupils, parents, employees, others service users or potential service users, including trade unions) and take account of relevant information in order to determine its gender equality objectives.

• To assess the impact of its current and proposed policies and practices on gender equality.

• To implement the actions set out in its scheme within three years, unless it is unreasonable or impracticable to do so.

• To report against the scheme every year and review the scheme at least every three years.

3.6 Discrimination on the grounds of religion or belief

Part 2 of the Equality Act 2006 also introduces provisions outlawing discrimination on the grounds of religion or belief in education provision in schools. The Act sets out that it is unlawful for maintained, independent and special schools to discriminate against a person on the grounds of religion or belief with reference to admissions, exclusions, access and participation.

Specifically, schools will not be allowed to, unless with legally acceptable justification, admit or refuse to admit pupils on the basis of their religion or belief and must treat pupils equally irrespective of their own or their parents' religion or belief or lack of it. This also applies to access to benefits, facilities or services. In addition, pupils cannot be excluded from school or subjected to any detriment on the basis of their (or their parents'/carers') religion or belief or lack of it.

Section 4: Appendices

Appendix 4.1: Developing schemes and policies on disability, gender and community cohesion in Merton Schools.

All schools are obliged to produce a disability equality scheme (DES), a gender equality scheme (GES), a race equality policy and a community cohesion policy. The purpose of the schemes/policies is to show how the school is going to meet the general and specific disability, gender, race and community cohesion duties through mainstreaming the duty requirements within all relevant school practice, as required. Schools are required to develop their schemes/policies in a particular way and to include specific elements.

School practice must involve users and providers of school practice (pupils, staff and parents and other significant stakeholders) in the development, implementation, monitoring, assessment and review of the schemes/policies as part of school practice provision. Schools are also now required to have reasonable and practicable evidence to show what, why, who and how inclusion and involvement of all stakeholders is and will continue to be part of school practice.

Merton LA advises that the schemes/policies be embedded within a Single Equality, Diversity and Community Cohesion Policy though they will need to show explicitly how the specific race, disability, community cohesion and gender statutory requirements are to be met and who will be responsible for ensuring that this happens appropriately.

For instance the DES needs to be closely linked practically, with the school's Accessibility Plan that, in turn, will inform part of the school's disability action plan. The processes for developing the Race Equality Policy, the DES and GES are similar in a lot of ways therefore schools may choose to develop them together in those aspects where they are connected.

Schools must set out in their Schemes/Policies:

• the way in which service users and others (pupils, parents, staff, Governors and other partners, particularly those who are disabled) have been involved, consulted and will be continuously and meaningfully communicated with, in the preparation, implementation, monitoring, assessment and review of the Schemes/Policies

• their arrangements for gathering information on the effects of their schemes/policies on:-

• the recruitment, development and retention of all employees, particularly those who are disabled (DDA Part 2)

• the educational opportunities available to, and the achievements of, disabled pupils (DDA Part 4)

• the school's methods for assessing the impact of its existing or proposed policies and practices on all equality areas of need, for all their stakeholders.

• steps that the school will take to meet the general duty (the school's `action plan') for all areas of the single policy and within all the relevant functions and activities of school practice.

• the school's arrangements for putting the information and data gathered to use, particularly in reviewing, assessing and improving the effectiveness of its action and school improvement plans and in preparing subsequent schemes/policies and taking remedial action.

For a detailed outline for a disability equality scheme, see Promoting Disability Equality in Schools http://www.teachernet.gov.uk/wholeschool/disability/disabilityandthedda/guidancedisabilityequalityinschools

The Gender Equality Scheme must include the school's gender equality objectives, including any pay objectives, and show the actions that the school has taken or intends to take to:

• Gather and use information that is relevant to promoting gender equality and eliminating discrimination

• Consult and involve stakeholders in the preparation of the scheme (including setting objectives)

• Assess the impact or likely impact of existing and proposed policies and practices on gender equality

• Implement the actions set out in the scheme (the school's `action plan') For further detailed

guidance on developing gender equality objectives and a gender equality scheme, see:

www.equalityhumanrights.com/uploaded_files/PSD/1_overview_of_the_gender_duty.doc

Suggested approaches to developing disability, gender, race and community cohesion equality schemes/policies

Under their scheme/policy requirements schools are only expected to do what is reasonable and practical, as the best way of responding both to the spirit of the law and ensuring the outcomes desired under the ECM Agenda. Schools are also advised to determine some of the action they are already undertaking in order to include it in their scheme/policy statements and action plans. A suitable starting point might therefore be to identify factors that will determine what is reasonable and practicable for the particular school. Information from the school SEF and from section 2.2 of the single policy framework, `The school context - what sort of school are we?' should be of use here. The school will also need to consider their budgetary confines and their building stock for their disability equality scheme.

Schools may begin by:

• Identifying where they currently are through their existing policies, plans and schemes which might incorporate or provide a starting point for the equality and community cohesion schemes and plans. For example:

• For the disability equality scheme, the school's accessibility plan might be extended and strengthened to meet the requirements of a scheme that is based on the statutory duties. It will need to include disabled staff, parents, and other community members as well as pupils; involvement of disabled people and gathering of information are both requirements for a scheme.

• The gender equality scheme may be combined with the School Development Plan (SDP). The process for setting priorities for improvement in the SDP is similar to the process of setting gender objectives (e.g. collection and analysis of data, consultation with stakeholders), so schools may choose to combine their processes to inform all their relevant but separate documents or their single over-arching document.

• Establish a working group which should include:

• A senior manager who will take a lead on all the equality, diversity and community cohesion schemes, policies and action plans that the school needs to produce in its response to legal and good practice requirements.

• The governor(s) with responsibility for equality/inclusion/SEN/community cohesion

• All members of staff, pupil and parent representatives so that a range of perspectives are represented

• Invite pupils, parents, members of the wider community and other members of staff to be involved - either on the working party or in a consultation, partnership working and dialogue exercises.

• It may be helpful to have a disabled representative on the working group for the disability equality scheme. This should be in addition to the wider involvement of disabled pupils, staff and parents, which should be kept under review throughout the development of the scheme.

• Use the SEF Guidance on Equality of Opportunity (appendix 4.3) to gather required information and to identify actions to be included in the school's action plan(s).

• Identify necessary resources, both human and financial, for the implementation of action plans.

• Identify and draw upon appropriate support from the local authority and other schools within the county.

• Set a timescale and mechanism for review, to include consultation with stakeholders: what has been the impact of the scheme to date and what still needs to be done? When and by whom?

Appendix 4.2: Community Cohesion Standards

Family, Community & Partnerships

The school maintains regular proactive consultation with all parents, pupils and community groups aimed at narrowing the attainment gap, increasing inclusion and reducing exclusion.

Evidence

Governors monitoring the participation of various groups represented in the school population in governing body and parent-teacher consultations

Service providers comply with the school's equality and diversity policies as well as other policies such as health and safety.

Evidence

All contractors are briefed prior to commencing work with the school.

The governing body takes active steps for the school to be representative of the backgrounds reflected within the school population and community.

Evidence

An action plan for the recruitment of both staff and governors from under-represented communities is part of the Equality and Diversity single policy Action Plan.

All parents and pupils have access to high quality information, guidance and advice on transition at all stages.

Evidence

The school offers access to interpreters when the need is identified.

Schools work collaboratively to be involved in the provision of relevant resources, education and training opportunities for all their communities (e.g. migrant workers, Gypsies and Travellers, disabled people and any other identified groups.

Evidence

Key skills development programmes e.g. ESOL and Citizenship and the use of school premises, are offered to the community by the school.

The school organise opportunities for and participates in, regular inter-cultural exchanges aimed at promoting good community relations.

Evidence

Urban schools could twin with rural schools to share good community cohesion and equality practice.

A member of the Senior Management Team is responsible for home school and community relations.

Evidence

Job descriptions are amended to include community relations and community cohesion work where appropriate.

Pupils

Governors operate a robust system for monitoring patterns of admissions, exclusions, curriculum participation and narrowing the attainment gap with defined triggers for action and points for intervention.

Evidence

Standing items on Committee and whole governing body agendas and differential impact data and other evidence is analysed and addressed through action planning that is continuously monitored, assessed and reviewed for influencing school practice appropriately.

Schemes of work explicitly address the causes and consequences of unlawful discrimination and assist pupils and staff to recognize, understand and challenge prejudice and stereotypes.

Evidence

Pupil and staff discussions on issues like the Equal Rights Movement, Black History Month and other Diversity School Calendar and social activities and their links to community cohesion and other equality implications.

Planning and teaching are based on high expectations and learning approaches maximize the participation and interest of all pupils.

Evidence

Monitoring of teaching and learning indicates an appropriate match of teaching to the identified needs of all pupils. Examples of identified needs are given.

Target setting, grouping and resource allocation are used to ensure progression for all pupils, aimed at narrowing the attainment gap between different groups of pupils.

Evidence

School policy is seen to place pupils who are new to English in high ability groups unless there is clear evidence that this would be inappropriate.

The school works with its local cluster or network to ensure that all pupils have access to a rich, broad and personalised curriculum.

Evidence

The provision of Bengali classes in another school, to a group of Bangladeshi pupils from different schools.

Staff Guidelines

Governors and SLT have an action plan for recruiting, selecting and retaining people from under-represented minority ethnic groups and people with disabilities from a range of backgrounds at all levels in the school.

Evidence

Audit from personnel committee to identify whether teaching and non-teaching staff fairly represent the demographic profile of the local community and/ or the national/school population.

All those involved in recruitment, selection and training have received high-quality equality, diversity and community cohesion employment training.

Evidence

Advertisements and recruitment packs illustrate that key features of equality, diversity and community cohesion have been applied effectively and feedback discussed and appropriate action taken.

All school staff, (including support and volunteers) have received regular training in how to deal effectively with racist, homophobic, harassment and bullying incidents.

Evidence

Uniform and robust whole school practice that is based on the single equality, diversity and community cohesion policy that informs records of data on all incidents of all forms of unlawful discriminatory and bad school practice.

All new staff have participated in an induction programme that includes good equality and diversity, community cohesion and anti-discriminatory practice

Evidence

Members of staff responding confidently and comfortably in dealing with requests from some Muslim pupils around participation during Ramadan or any other forms of equality and diversity based need.

Governors and all staff know their responsibilities under relevant equality and diversity areas and are aware of the legislative requirements on their areas of practice.

Evidence

Non-teaching staff appraisal objectives indicate requests for training in this area.

Governors and SMT have allocated adequate time and resources for regular staff training how to use target setting, grouping and resource allocation to ensure progression for all pupils, aimed at narrowing the attainment gap.

Evidence

The school Development Plan identifies committed training time and resources on achievement of those pupil groups identified to be in need of targeted support e.g Gypsy, Roma, Traveller and other Minority group pupils.

Appendix 4.3: SEF Guidance: The effectiveness with which the school promotes equal opportunity and tackles discrimination

Ofsted will evaluate:

Ofsted will take account of the following:

The effectiveness with which the school promotes equal opportunity and tackles discrimination: grade descriptors

Unsatisfactory schools are where few of the above are in place

Appendix 4.4: SEF Guidance: The effectiveness with which the school promotes community cohesion

Ofsted will evaluate:

Ofsted will take account of:

The effectiveness with which the school promotes community cohesion: grade descriptors

Unsatisfactory schools are where few of the above are in placeAppendix 4.5: Useful documents, websites and contacts on Equality and Community Cohesion

Community Cohesion

Community Cohesion Education Standards for Schools (Home Office; DfES; CRE, 2004)

www.standards.dfes.gov.uk/pdf/commcohesion.pdf

DCSF Guidance on the duty to promote community cohesion (ref. 00598-2007DOM-EN)

http://www.teachernet.gov.uk/publications

Our Shared Future (Commission on Cohesion and Integration, 2007)

www.integrationandcohesion.org.uk

Disability Equality

Implementing the Disability Discrimination Act in schools and early years settings (ref. 0160-2006DOC-EN) DfES Publications, PO Box 5050, Sherwood Park, Annesley, Nottingham NG15 0DJ www.teachernet.gov.uk/publications

Promoting disability equality in school

http://www.teachernet.gov.uk/wholeschool/disability/disabilityandthedda/guidancedisabilityequalityinschools

Disability Equality Schemes (DES) and schools: A duty under the Disability Discrimination Act (DDA) 2005

http://nationalstrategies.standards.dcsf.gov.uk/node/245305 -

Disability Equality Scheme in Schools - a Self-Evaluation Resource http://nationalstrategies.standards.dcsf.gov.uk/node/243920 -

Gender Equality

For detailed guidance on developing, gender equality objectives and a gender equality scheme, see: The Gender Equality Duty and schools:

www.equalityhumanrights.com/uploaded_files/PSD/1_overview_of_the_gender_duty.doc

For further information relating to the Gender Equality Duty, including a model gender equality scheme for employment, see www.epm.co.uk

Race Equality

Race equality framework published by the Commission for Racial Equality (now known as the Equality and Human Rights Commission). Details how to write a Race Equality Policy and how to link into other policies.

http://www.equalityhumanrights.com/uploaded_files/PSD/52_framework_schools.pdf

An Ofsted document that highlights good race equality practice in schools and how it can contribute to learning and teaching.

http://www.ofsted.gov.uk/Ofsted-home/Publications-and-research/Browse-all-by/Education/Inclusion/Minority-ethnic-children/Race-equality-in-education

Practical steps to mainstream race equality into school life provided by the standards site.

www.standards.dfes.gov.uk/ethnicminorities/resources/Issues_to_Outcomes_Dec04.pdf

The General Teaching Council for England combines research with practical strategies and solutions to promote equality.

http://www.gtce.org.uk/documents/publicationpdfs/promoting_race_equality.pdf

The standards site provides a list of frequently asked questions about race equality with links for further help and advice.

www.standards.dfes.gov.uk/ethnicminorities/faqs/raceequality

If you have any queries, comments or need any further information, please contact either:

Francis Stewart, ESCA Consultant Tel: 020 8288 5651 [email address]

Ann Long, ESCA Consultant Tel: 0208 28 85632 [email address]

The Chaucer Centre, Canterbury Road, Morden, Surrey. SM4 6PX

32

Equality, Diversity

and

Community Cohesion

October 2009

Guidance for Merton Schools

“Making All Children Matter”

Children Schools and Families