Equalities watchdog issues consultation on technical guidance for schools

The watchdog has updated the guidance to:

• include updates and developments in the law relating to types of discrimination and protected characteristic groups;
• explain how the Act applies in different education settings and institutions like academies, special schools and school-based clubs;
• clarify the interaction between the Act and other related laws;
• explain how the Equality Act 2010 applies in specific circumstances, for example where restraint, isolation and seclusion is used.

The draft guidance gives a detailed explanation of the Public Sector Equality Duty (PSED) following developments in the law. It also reflects developments in the law relating to types of discrimination and protected characteristic groups.

The guidance also includes information about complaints procedures, time limits, admissions appeals panels, independent review panels and the interaction of the County Court and First-tier Tribunal (SEND).

The EHRC noted that the guidance is not a statutory code issued under section 14 of the Equality Act 2006, but it may be used as evidence in legal proceedings.

It has now launched a public consultation to gain feedback on how clearly the guidance explains schools’ obligations under the Equality Act 2010, calling on the following people to respond:

• Those with expertise in equality law;
• Special educational needs coordinators (SENCOs);   
• Those with direct experience working in or leading schools (teachers, SENCOs, school leaders, governors);
• Those responsible for supporting schools (local authorities, school boards);  
• Headteachers / school staff;
• Parents and carers;
• Those who represent pupils who have protected characteristics.

There are three separate consultations for schools in England, schools in Wales and schools in Scotland.

Lottie Winson