ACCESS AND OPPORTUNITY

Equality Act 2006; Disability Discrimination Act 2005; Race Relations Act 1976 and Amendment 2000;

Sex Discrimination Act 1975; Equality Act 2010; Education Act 2011

• Schools have a statutory responsibility to ensure equality of opportunity for every pupil, with a duty to promote homosexual and transsexual rights

• Essentially, it is illegal to discriminate against a pupil on grounds of gender, race, disability or disadvantage and schools must not discriminate against pregnant pupils or new mothers

• Schools must have a policy on equal opportunities, based on LA models and reflecting the requirements of the Education Act 1996 for inclusion.

 For example, all pupils must be given equal access to appropriate courses and facilities. Schools must not discriminate unfairly against pupils whose parents are unable or unwilling to make financial contributions to the cost of particular activities or pupils who do not have access at home to learning resources.

SENDA (2005) relating to premises:

Schools must make adjustments to physical features of the school which may lead to disadvantage.

Important: Lamb Review – SEN

SENDA 2010 amendments:

Faster identification and more effective teaching

A school can only refuse admission for a child with a disability on the grounds that admission would prejudice the ‘efficient education’ of others or that building alterations are so expensive as to be unreasonable.

• Be careful of stereotypes• Actively promote equal opportunity• Be pro-active particularly in terms of

reviewing the ‘status quo’ and equal opportunity policy

• Be sure that there are sound educational reasons for decisions

ACCESS AND OPPORTUNITY Unfair discrimination means treating one group less

favourably than another and this includes creating conditions to be met which are more difficult or rigorous for some than others

 ‘Equal’ in this context does not have to mean ‘the

same’.

Appropriate differentiation is fine, but to avoid conflict, some schools have modified their requirements to comply with parental/majority wishes

 

INCIDENT STUDY

You set a homework assignment for one of your classes. The work involves research for which the pupils will need access to reference sources such as encyclopaedias. You indicate that credit will be given for effective use of Information Technology as a research and presentation tool.

ACCESS AND OPPORTUNITY• Where single sex provision is made, it must be

equally available to both boys and girls. •  For example, boys and girls normally pursue

different Games activities and some schools use single sex groups for certain academic subjects based on research that suggests boys and girls learn in different ways and/or respond to different stimulus materials.

• The key test of ‘equality’ is that one group or individual must not be treated ‘less favourably’ than another.

 

INCIDENT STUDY

• The school’s policy on PE and Games is that boys and girls are taught separately. As their main winter sport, the boys play soccer and the girls play hockey.

• The parents of a Year 7 girl write to ask if their daughter, a talented footballer, can play football. The school refuses the request. The parents say they are seeking legal advice on the grounds that this is unfair discrimination.

ACCESS AND OPPORTUNITY

• The same principles apply to rules on behaviour and appearance, i.e. there must be no unfair discrimination on grounds of behaviour or dress. Again, ‘equal’ in this context does not have to mean ‘the same’ but if there are different rules for certain groups of pupils, the differences have to be defensible on the basis that they represent appropriate differentiation and are not treating one group less favourably than another.

ACCESS AND OPPORTUNITY

• Some schools have continued to operate different rules for boys and girls in relation to certain aspects of dress and appearance. However, if challenged, most have amended their uniform codes rather than risk being taken to court.

• Where cultural issues are raised, a school needs to defend any decisions with ‘educationally defensible’ argument.

The advice from the DCSF is that minor breaches of school rules, eg for jewellery breaches, uniform breaches or hairstyle breaches should not result in exclusions.

NOTE: that sanction remains for serious cases of persistent bullying; possession or use of illegal drugs; threatened or actual violence against a pupil or staff member or sexual abuse or assault. In such instances, an exclusion can be given for a one-off offence.

Article 9 of the Human Rights Act, ’to freedom of thought, conscience and religion’, does not give the right to manifest religion at any time, in any place, and in any manner which accorded with their beliefs. There is a requirement to be proportionate and the uniform provided a sense of identity (school).

Cases reflecting Article 9 – 2007

A pupil denied face veil - the niqab - on the grounds that it hindered communication and compromised security. High court ruled in favour of the school.

The wearing of a purity ring symbolising chastity was disallowed and a school won on the grounds that Christian beliefs did not oblige the person to wear the ring, therefore Article 9 was disapplied.

SENDA 2001Introduced to boost the integration of pupils with special needs and/or disabilities into

mainstream schools

Appropriate provision must be made to ensure that pupils with disabilities are able to access all aspects of the curriculum.  

The Special Educational Needs and Disability Act 2001 requires that schools:

•  Make reasonable adjustments to accommodate disabled pupils so that they are not discriminated against because of their disability;

•  Anticipate likely and reasonable adjustments to accommodate disabled pupils.

SENDA 2001

• The meaning of ‘reasonable’ in this context has yet to be determined by case law but is likely to involve ensuring that disabled pupils are not placed at a substantial or avoidable disadvantage compared to their peers.

 Account will be taken of: • The financial implications and practicability of

particular changes; • The interests of all pupils in the school

CONSIDERwhen on practice and after observation and discussion

in your department

• In relation to your specialist subject, what ‘reasonable adjustments’ could be made to accommodate: 

• a pupil in a wheelchair; • a hearing-impaired pupil; • a visually-impaired pupil;• a child who currently speaks little English

BULLYING• The DfEE defined bullying as:

“Unacceptable aggression involving dominance of one pupil by another or a group of others” (DfEE Circular 8/94) Staff must act, and be seen to act, firmly against bullying. Failure to respond to reported or observed incidents may be interpreted as condoning the behaviour.

• The DCSF 2007 guidance “Safe to Learn ..” is incorporated into the document “Bullying – a Charter for Action” and defines bullying as:“Behaviour by an individual or group, usually repeated over time, that intentionally hurts another individual or group either physically or emotionally.”

BULLYING

• Policies on school behaviour should make specific reference to bullying;

• School documentation (prospectus, etc.) should state specifically that bullying will not be tolerated;

• Policies/procedures should indicate how bullied pupils can report their concerns to staff, knowing that allegations will be investigated and, if substantiated, taken seriously and acted upon.

INCIDENT STUDY

A member of your form is clearly upset. You ask him what is the matter and he tells you that several other pupils in the form are bullying him. He begs you not to take any action because ‘it will only make matters worse’.

Cyberbullying

‘The use of information and communications technology, particularly mobile phones and the Internet, deliberately to upset someone else.’

This may take many forms to include:Threats, intimidation, harassment or cyberstalking (eg

repeatedly sending unwanted texts), publication of private information or images including ‘happy slapping’ images.

A school’s response to cyberbullying should be reflected in policies, and should include reporting mechanisms, recording procedures and sanctions.

EXCLUSIONS

The right to Education and Learning (Human Rights Act 1998) and implemented in October

2000has led to exclusions being challenged. However, conversely, there has been an increase in parental complaints re: their children’s rights to a fair education being

adversely affected by Inclusion.

EXCLUSIONOnly the Head (or most Senior staff in their absence) has the power to exclude

• A pupil can be excluded for up to 45 days a year.

• ‘Leaving school site’ may no longer be an exclusion but a temporary measure and represents an authorised absence

• Parent has the right of Appeal to the School Disciplinary Committee (set up by the Governing Body )

NEW 2011 ACT:

The new Act allows for an independent review panel, but that review will not be able to compel re-instatement. A request may be made for re-instatement and the school may be required to contribute to the cost of additional support. Schools will not be forced to re-admit excluded children, but may be responsible for finding and funding alternative provision, and will be accountable for excluded pupils. Their academic performance will be reflected in performance tables. Exclusion Appeals 2012

Review Panels

• Can uphold decisions of the Governors• Can quash decisions of Governors and direct

Governors to re-consider decision• They have no power to order re-instatement

So what happens if . . .? eg Governors re-consider but still decide to exclude?

EXCLUSION

• Can be permanent or fixed-term • Schools must provide work and re-admission

is usually dependent upon parent/pupil/school agreement. A reintegration interview is mandatory after a fixed period of exclusion

• Circumstances should be clear in school policy

Schools must arrange full-time education from and including the sixth day of any period of fixed-period exclusion of 6 days or longer. LAs must arrange full-time education from and including the sixth day of a permanent exclusion.

This arose from the recommendations of the ‘Learning Behaviour: Report of the Practitioners’ Group on School Behaviour and Discipline’.

A school MUST:

• Inform parents of their responsibility to ensure that their child is not present in a public place in school hours during the first 5 days of any fixed-period exclusion. Failure to do this could lead to a £50.00 fine.

• Inform the child’s “home” LA of a permanent exclusion as well as their own authority so that suitable full-time education can be arranged from day six.

EDUCATIONAL VISITS

• There are many educational activities which involve taking pupils out of school. Theatre visits, field work, sports fixtures, outward bound courses, concerts, international exchange visits and many other activities extend and enrich the school-based curriculum.

EDUCATIONAL VISITS

• The duty of care applies just as strongly out of school as in it. Teachers taking pupils out are ‘in loco parentis’ throughout, and must take appropriate care in the supervision of pupils, having regard to the nature of the visit. The more hazardous or demanding the trip, the younger or less able the pupils, the greater will be the level of care and supervision needed. Know the pupils in your care.

EDUCATIONAL VISITS

All schools and colleges have policies and procedures in place for the conduct of visits, and teachers organising visits will be expected to comply with these. Schools must appoint a senior member of staff as Educational Visits Co-ordinator (DfEE 2002), with a brief to oversee all school visits, ensure the establishment of risk assessment and management procedures and ensure that all staff involved in trips are appropriately trained, prepared and briefed.

Risk assessmentInvolves:What can go wrong?What can be done to prevent it going wrong?What harm can be caused and to whom?Risks may be generic (common to all scenarios) or specific (in relation to

particular activities).Risk Assessment must be suitable and sufficient and leading to a

programme of action to avoid or reduce risks. Risks should be managed responsibly and with a view to providing benefits and enabling innovation and learning. Those involved should understand their responsibility with regard to the risks. The law recognises that ‘social utility’ (the importance of the objective) is a part of worthwhile challenge and to be balanced with care. Teachers will only be criminally liable if they are reckless or irresponsible.

What do you think a teacher organising a trip must do in order to comply with a full risk assessment and to find out what all the relevant pupils require in terms of care?

Consider and discuss

• Plan carefully• Have clear costings and accounts• Obtain permission for the trip from the Head• Obtain parental permission• Obtain completed medical and dietary forms outlining any

special requirements• Have a ‘dry run’ if possible to identify hazards and assess risks

or speak to accredited personnel• Establish procedures after that assessment, including staff

ratio required (normally 1:8 or 1:10)• Brief all staff on procedures, including emergency procedures

and keep them briefed during the trip • Brief pupils on conduct and procedures• Check any non-teacher adults are at least list 99 checked and

have defined responsibilities

EDUCATIONAL VISITS

• TYPE A VISITS •  ‘EDUCATIONAL, RELATIVELY LOW RISK, UP

TO ONE DAY DURATION’ • EXAMPLES:• Field studies in local community • Walking in non-remote country using established

paths • Visits to museums, theatres, galleries, etc.

EDUCATIONAL VISITS

• TYPE B VISITS • ALL VISITS INVOLVING:

• VENUES NEAR STILL OR MOVING WATER • ADVENTUROUS ACTIVITIES • OVERNIGHT STAYS / RESIDENTIAL

ACCOMMODATION • TRAVEL OUTSIDE THE U.K.

• Residential trips – LAs have policies and procedures which schools follow.

• Outdoor Activity Centres – need to be licensed and are inspected but the onus is on teachers to choose the provider. A quality badge scheme (DCSF) is in operation for all providers of ‘outside the classroom’ experiences. This covers safety and quality of learning.

• Cost must not depend on the ability pay if the activity is deemed a Curriculum entitlement. Voluntary contributions may be sought.

• From Autumn 2010, schools must provide extra staff to allow disabled pupils to access trips where this is reasonably practical.

• An STF (School Travel Forum) Assured logo (2005) ensures reputable service providers.

EDUCATIONAL VISITS

• Where licensed Activity Centres are used, qualified centre staff take responsibility for the specialist activities. However, the teachers are still responsible for supervising the general behaviour and conduct of pupils.

• Teachers should only lead activities if they are qualified to do so. If teachers lead an activity themselves, they have full responsibility for the safe and proper conduct of the activity.

EDUCATIONAL VISITS

A number of tragedies on school trips have received extensive media coverage, some of which has been hostile to and critical of teachers even though, in the majority of cases, they were absolved of blame. The prevailing ‘blame culture’ and increasing reluctance to accept that there can be such thing as a genuine accident has led one major teacher association to advise its members against taking pupils out of school.

INCIDENT STUDY

• You organise an Outdoor Pursuits trip to the Lake District for Year 10 pupils. The visit is based at an approved centre with accredited instructors for the various activities. During the rock climbing, one of your pupils falls and breaks a leg.

• What are the legal issues here? Would the issues be different if the pupil had fallen and broken his leg on an unauthorised late evening visit to the village shop?