Equality and Diversity

Carlton Bolling College Equality and Diversity Statement

This policy defines the school’s commitment to equality in everything we do.  Carlton Bolling College is committed to equality in both employment and education provision.  We recognise the diverse nature of our location and service and aim to ensure students, parents, governors, employees, contractors, partners and clients and those who may potentially join the school community, are treated fairly and with dignity and respect.

 The school opposes all forms of discrimination and undertakes not to discriminate unlawfully or treat people less favourably on the grounds of gender, race, disability, religion or belief, sexual orientation, age, marital status, gender reassignment or pregnancy and maternity (“protected characteristics”), or any other ground which cannot be justified.

 We recognise that it is also unlawful to discriminate by association or perception, for example, treating a student unfairly based on the characteristics of their parents or other family members.

 This policy recognises four types of unlawful behaviour.  Appendix 1 provides these definitions. 

 This policy also recognises the Public Sector Equality Duty (PSED) and these objectives are set out in Appendix 2.

 Every possible step will be taken into account in the aim of ensuring individuals are treated fairly and decisions are based on objective criteria.  This policy applies to every procedure and guidance document which is produced in relation to students, staff, parents and governors.

 This statement is underpinned by the Equalities Act 2010

 

Equality Statement

 Carlton Bolling College will ensure that equal opportunities and the principles of fairness underpin all aspects of policy, procedure, education provision, consultation and decision making.  We are committed to equality in delivery of education, whether or not the service is directly provided by us or contracted to a third party provider.  This ensures that students acquire the skills which enable them to be proactive in their behaviour and learning and to become responsible citizens.

 We will provide high quality education services which are easily accessible.  We will continually improve by consultation with staff, students, parents, governors, community and partners regarding equality issues.  We will make every effort in creating equality of opportunity to ensure they are accessible and fair to everyone.  Every person has the right to be treated fairly regardless of race, gender, sexuality, disability, age, culture, religion, nationality or caring responsibilities.  When necessary, we will implement reasonable adjustments or additional support to ensure equality of access to an education and suitable working environment.

 Staff and governors who deliver our education provision will recognise diversity and demonstrate a proactive approach in their day to day work.  They will ensure that everyone is treated fairly, recognising special needs and understanding differences.  Behaviour will reach our high standards of conduct for staff and students and the learning environment we provide will be safe and accessible for those studying and working.

 Carlton Bolling College will adhere to statutory Government legislation and give consideration to other relevant guidance which aims to ensure that everyone is treated with equity.  We will work with others to encourage fair treatment of all and will collect information which will enable us to plan and develop services to meet the special needs of all members of the community.

 Carlton Bolling College will not tolerate any form of discriminatory behaviour against members of the school community.

 Employees

 Carlton Bolling College is committed to ensuring that employees have equal access to jobs, training and professional development opportunities. 

 All employment policies refer to the provisions of the Equalities Act 2010.  We recognise that the Act extends beyond the protected characteristics of an individual employee and has broader responsibilities to employees and situation which may be covered by the Act. 

 All recruitment will be within the provisions of the Act and applications will be monitored to report on recruitment activity in line with the Act.  Age is a protected characteristic in relation to employment but does not apply to students in school. 

 Employees who are in breach of the Act and this policy will be dealt with under the Disciplinary Procedure.

 Students

 Carlton Bolling College will ensure that students are provided with appropriate support to recognise their individual needs.  This includes protection under the Act extending the reasonable adjustment duty to require schools to provide auxiliary aids and services to disabled students. 

 Protection under the Equality Act is extended to students who are pregnant, have recently given birth or are undergoing gender reassignment.

 Contractors and Service Providers

 Carlton Bolling College will ensure that all service providers contracted to provide services to students, staff or visitors will comply with equality legislation.  Where services are deemed not to meet these standards contracts may be terminated.

 Provision will be made within service legal agreements between the school and service providers which will ensure that services are made available with due regard to fairness and equality.

 Positive Action

 Positive action provisions allow Carlton Bolling College to target measures that are designed to alleviate disadvantages experience by, or to meet the particular needs of, students with protected characteristics.  Such measures will need to be a proportionate way of achieving the relevant aim.

 Roles and Responsibilities

 The Headteacher will ensure that the policy is applied fairly and consistently at all times. 

 The Deputy Headteacher, Curriculum, will ensure that school offers an inclusive curriculum which promotes equal opportunity and good relations across all groups of students.

 The Assistant Headteacher, Pastoral & Behaviour, will be responsible for ensuring that school has SEN, Behaviour for Learning and pastoral care policies in place, all of which promote equal opportunity and good relations across all groups of students.

 The Deputy Headteacher, Teaching and Learning, will ensure that teaching and learning strategies are developed which ensure that all staff are able to deliver inclusive learning.

 The School Business Manager will ensure all employment policies are in place, ensuring the principles of the Equality Act are reflected in them all, and also monitor contractor and service provider compliance. 

 The SENco is responsible for the day to day management and co-ordination of education to students with special or disability related needs.

 Employees of Carlton Bolling College have a duty to comply with the Equality Act and the spirit thereof.

 Complaints

 Contravention or complaints under the terms of the Equality Act will be dealt with in accordance with the school’s Complaints Policy, Professional Conduct or Grievance Policy.

 Further Advice

 There is a wealth of information relevant to the provisions of the Equality Act 2010 at:

www.gov.uk/government/publications/equality-act-guidance

www.equalityhumanrights.com

www.education.gov.uk/aboutdfe/policiesandprocedures/equalityanddiversity/a0064570/-equality-act-2010

 

 Appendix 1

 The Equalities Act 2010 defines four kinds of unlawful behaviour:

·         Direct Discrimination

·         Indirect Discrimination

·         Harassment

·         Victimisation

 Direct Discrimination occurs when one person treats another less favourably because of a protected characteristic than they treat, or would treat, other people.  This describes the most clear cut and obvious examples of discrimination, for example, if a school were to refuse a student to be a prefect because she is a lesbian, or an employee was refused a promotion because of their race.

 Indirect Discrimination occurs when a “provision, criterion or practice” is applied generally but has the effect of putting people with a particular characteristic at a disadvantage when compared to people without that characteristic.  An example may be holding a parents’ meeting on a Friday evening which could make it difficult for observant Jewish parents to attend, or arranging the weekly CPD sessions for teachers on days when no part time staff are available for work.  It is a defence against a claim of indirect discrimination if it can be shown to be a “proportionate means of achieving a legitimate aim”.  This means both the reason for the rule or practice is legitimate and that it could not reasonably be achieved in a different way which did not discriminate.

 Harassment has a specific legal definition in the Act – it is “unwanted conduct related to a relevant protected characteristic which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person”.  This covers unpleasant and bullying behaviour, but potentially extends also to actions which, whether intentionally or unintentionally, cause offence to a person because of a protected characteristic.

 Where schools are concerned, the offence of harassment as defined in this way in the Act applies only to harassment because of disability, race, sex or pregnancy and maternity, and not to religion or belief, sexual orientation or gender reassignment.  It is very important, however, to recognise that this does not mean that schools are free to bully or harass on these other grounds – to do so would still be unlawful as well as unacceptable.  Any case against the school would be on the grounds of direct discrimination rather than harassment.

 Victimisation occurs when a person is treated less favourably than they otherwise would have been because of something they have done (“a protected act”) in connection with the Act.  A protected act may involve, for example, making an allegation of discrimination or bringing a case under the Act, or supporting another person’s complaint by giving evidence or information, but it includes anything that is done under or in connection with the Act.  Even if what a person did or said was incorrect or misconceived, for example, based on a misunderstanding of the situation or what the law provides, they are protected against retaliation unless they were acting in bad faith.  This reason for this is to ensure that people are not afraid to raise genuine concerns about discrimination because of fear of retaliation.

 As well as it being unlawful to victimise a person who does a protected act, a child must not be victimised because of something done by their parent or a sibling in relation to the Act.  This means that a child must not be made to suffer in any way because, for example, her mother has made a complaint of sex discrimination against the school, or her brother has claimed that a teacher is bullying him because he is gay, whether or not the mother or brother was acting in good faith.

 If a student himself or herself has done a protected act, such as making a complaint of discrimination against a teacher, then the student’s own good faith will be relevant.  For example, if the parent’s complaint is based on information from her son and the son was deliberately lying, it is not victimisation for the school to punish him in the same was as it may do any other dishonest student.  Unless it can be clear that the mother was also acting in bad faith (for example, that she knew her son was lying), it would still be unlawful to victimise her for pursuing the complaint.

Appendix 2

Equality Objectives:

We are committed to improving the attainment of vulnerable groups of students, including students with Special Educational Needs and those entitles to Free School Meals so that the gap between their attainment and that of other students is narrowed.

We will ensure that the curriculum (including our programme of enrichment and extra curricular activities) actively provides opportunities for all students and promotes understanding between different groups of people.

We will maintain a rigorous anti bullying stance so that all students and staff, including those with protected characteristics, are protected from harassment and discrimination of all kinds.

We will ensure that Carlton Bolling values promote the development of students into responsible citizens of the future.

We will demonstrate our commitment to equality and diversity through consistent application of our policies and procedures and ensure that our systems for recruiting staff actively encourage applications from candidates in all those groups protected by the Equalities Act.