Public Sector Equality Duty

What is the Public Sector Equality Duty

The single Public Sector Equality Duty (PSED) came into effect in April 2011 as a result of the Equality Act 2010. It requires public bodies to promote equality and replaced three pre-existing duties relating to disability, race and gender equality.

The PSED applies to all maintained and independent schools, including academies, and maintained and non-maintained special schools.

Protected Characteristics

The Department for Education (DfE) has published non-statutory advice that sets out schools' obligations under the PSED.

Paragraph 5.1 explains that the PSED extends to the following protected characteristics:

• Race, disability, sex, age, religion or belief, sexual orientation, pregnancy and maternity, gender reassignment 

Three Main Elements

Paragraph 5.1 of the document 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

Paragraph 5.4 of the DfE's advice says that 'due regard' has been defined in case law and means giving "relevant and proportionate consideration to the duty".

For schools, this means:

• Decision makers must be aware of the duty to have due regard when making a decision or taking an action, and must assess whether it may have implications for people with particular 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 PSED has to be integrated into the carrying out of 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

Specific Duties

The PSED introduces secondary legislation in the form of specific duties. The duties require schools to: 

• 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
• Prepare and publish equality objectives

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 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.
• We have up-to-date and ratified policies which set out a clear message that discrimination is not tolerated: staff code of conduct, behaviour, anti-bullying, safeguarding and child protection. 
• We understand that it is unlawful to fail to make reasonable adjustments to overcome barriers to using services caused by disability.
• The governing body and 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 PSHE curriculum offer, worship, workshops and visits, equalities will be discussed with and taught to the children, exemplifying the British Values and school values that we believe in. 

Promoting Fundamental British Values

In accordance with The Department for Education we aim to actively promote British values in schools to ensure young people leave school prepared for life in modern Britain. Pupils are encouraged to regard people of all faiths, races and cultures with respect and tolerance and understand that while different people may hold different views about what is ‘right’ and ‘wrong’, all people living in England are subject to its law.

The Key Values are:

• democracy
• rule of law
• individual liberty
• mutual respect and tolerance of those of different faiths and beliefs

Therefore we aim to prepare our pupils to become good citizens of the future. Through our curriculum we teach pupils British values and how to celebrate diversity. We aim to raise their awareness of radicalisation and extremist view, whatever the source. We have adopted the principals and advice found in ‘Keeping Children Safe in Education 2021’ and the 2011 ‘Prevent Strategy. These are incorporated into our school policy on tackling extremism.

Inclusion Statement

At St Michael’s CE (A) Primary School we are committed to ensuring equality of education and opportunity for all pupils, staff, parents and carers receiving services from the school, irrespective of race, disability, sex, sexual orientation, gender reassignment, religion or belief, pregnancy and maternity, and age for staff. We will adhere to the legal definitions of these protected characteristics as set out by the Equality and Human Rights Commission (EHRC) code of practice.

We aim to develop a culture of inclusion and diversity, in which all those connected to the school feel proud of their identity and able to participate fully in school life.

The achievement of pupils will be monitored by race, sex, age and disability and we will use this data to support pupils, raise standards and ensure inclusive teaching. We will tackle discrimination by the positive promotion of equality, challenging bullying and stereotypes and creating an environment which champions respect for all. We believe that diversity is a strength, which should be respected and celebrated by all those who learn, teach and visit here.

Equality statement

We are committed to anti-discriminatory practice and recognise children’s diverse circumstances. We ensure that all children have the same access to the curriculum, regardless of any barriers they may face.

We give special consideration to children who:

• Have special educational needs (SEN) or disabilities or health conditions (see section 10)
• Are young carers
• May experience discrimination due to their race, ethnicity, religion, gender identification or sexuality
• Have English as an additional language
• Are known to be living in difficult situations – for example, temporary accommodation or where there are issues such as substance abuse or domestic violence
• Are at risk of FGM, sexual exploitation, forced marriage, or radicalisation
• Are asylum seekers
• Are at risk due to either their own or a family member’s mental health needs
• Are looked after or previously looked after (see section 12)
• Are missing from education
• Whose parent/carer has expressed an intention to remove them from school to be home educated
• Who are deemed to be vulnerable, for any other reason