PUBLIC SECTOR EQUALITY DUTY

What is the Public Sector Equality Duty?

The PSED was introduced by the Equality Act 2010 and applies to all state-funded schools, including maintained schools, academies, maintained nursery schools, and maintained special schools. This is because they are public bodies delivering a public service.

Three Main Elements

The DFE’s advice for schools explains that the PSED has three main elements. In carrying out their functions, public bodies are required to have due regard to the need to: 

• Eliminate discrimination and other conduct that is prohibited by the Equality Act 2010

• Advance equality of opportunity between people who share a protected characteristic and people who do not share it

• Foster good relations across all characteristics, and between people who share a protected characteristic and people who do not share it

Due Regard

Paragraphs 5.4 and 5.5 of the DfE's advice explains that 'due regard' means giving "relevant and proportionate consideration to the duty".

For schools, this means:

• Awareness of the duties under the Act by assessing the impact any decision or action will have on people with protected characteristics

• Schools should consider equality implications before and at the time that they develop policy and take decisions, not as an afterthought, and they need to keep them under review on a continuing basis

• The duties are integrated into the school’s functions, and the analysis necessary to comply with the duty has to be carried out seriously, rigorously and with an open mind

Protected Characteristics

As listed in the Equality Act 2010:

• Age

• Sex

• Race

• Disability

• Religion or belief

• Gender reassignment

• Pregnancy or maternity

• Marriage and civil partnership

Note: the first and last protected characteristics above are listed in the revised Equality Act 2010, but are not listed in the DfE guidance mentioned above. Age as a protected characteristic does not apply to pupils in schools, so pupils can be treated in ways appropriate to their age and stage of development without risk of legal challenge.

How do schools demonstrate compliance with the PSED?

Schools must publish information to demonstrate how they are complying with the PSED. This information must include, in particular, information relating to people who share a protected characteristic. The requirement to publish equality information in relation to staff is only applicable for schools with more than 150 employees and therefore we are not required to publish this information.

Schools must prepare and publish equality objectives. Equality objectives usually address outcomes for pupils but they can also aim to reduce or eliminate inequalities for parents, members of the community and the school workforce.

Schools are required to update this published information at least annually and to publish objectives at least once every four years.

What does our school do to eliminate discrimination?

We have set a clear Christian vision and values which expect all our staff to act in a non-discriminating manner and be mindful to avoid actions that will be deemed as such to the public and our wider community.

Our policies demonstrate that discrimination is not tolerated, e.g. staff code of conduct, behaviour, anti-bullying, safeguarding and child protection. 

We agree to make reasonable adjustments to overcome barriers to using services caused by disability.

School leaders involved in recruitment will avoid unlawful discrimination in all aspects of employment including recruitment, promotion, opportunities for training, pay and benefits, discipline and selection for redundancy.

Through a structured RSE and PSHE curriculum, Collective Worships, reflections and visits, equalities will be discussed with and taught to the children, exemplifying the British Values and Christian Vision that we believe in. 

ON Public Sector Equality Duty