Education and Child Matters

I AM L.I.P

I am a Litigant In Person

Discrimination In Schools

 

WHAT IS DISCRIMINATION?

Discrimination is the unjust and unfair intolerance, prejudice, bias, distinction, favouritism, and bigotry with regards to an individual’s protected characteristic. 

Under article 14 of the European convention on human rights, discrimination is a human rights violation.

LINK TO ARTICLE 14 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

WHAT IS A PROTECTED CHARACTERISTIC?

A protected characteristic is one which can be the reason or cause for discrimination. 

The equality act 2010 identified 9 protected characteristics of individuals by which they can be discriminated against. They are:

  1. Age
  2. Gender/sex
  3. Sexual orientation
  4. Religion
  5. Disability
  6. Pregnancy or being on maternity leave
  7. Gender reassignment
  8. Being married or in a civil partnership
  9. Race – skin colour, nationality, ethnicity, national origin

It is against the law to discriminate against anyone due to any of the above protected characteristics in education.

It is against the law to discriminate against anyone who associates with anyone of the above protected characteristics.

It is also against the law to discriminate against anyone who has complained about discrimination or supported someone who has complained about discrimination. 

LINK TO THE EQUALITY ACT 2010

The above equality act 2010 applies to independent schools, academies, maintained, non-maintained special schools, sixth form colleges, higher and further education establishments.

WHAT IS POSITIVE ACTION? 

Positive action is something that you can do on your own free will to help a person with a protected characteristic if they have particular needs, are disadvantaged, and are under-represented somewhere.

WHAT DIFFERENT TYPES OF DISCRIMINATION HAVE BEEN IDENTIFIED?

You can experience discrimination in the following ways:

  1. DIRECTLY – This occurs when a person is treated differently than another person because of one of the above 9 protected characteristics. The discrimination is detrimental to the person in some way.
  2. INDIRECTLY – This occurs when a rule, regulation, or policy has a negative effect on individuals of one of the above 9 protected characteristics. The rule, regulation or policy puts this group at a disadvantage. 
  3. BEING VICTIMISED – This occurs when a person is treated in a negative manner because they made a complaint about discrimination or they helped a person who was discriminated against.
  4. BEING HARASSED – This occurs when one person torments another person because of one of the above 9 protected characteristics mentioned above.

HOW CAN DISCRIMINATION AFFECT YOUR CHILD?

Any form of discrimination experienced by a child can have a negative impact on them, especially their well-being. It can leave them feeling:

  1. Inadequate about themselves.
  2. Unmotivated to study and achieve.
  3. Insecure about themselves.
  4. Less confident about themselves.
  5. Critical about themselves.
  6. Hopeless.
  7. Less motivated
  8. Inferior to others

Discrimination of any form can make a child feel disadvantaged. They will start to believe what others are saying and will look at themselves and their family, their home and their attributes as a negative. This will manifest in the child having a negative attitude to life. There will be a greater chance of them not completing their education and developing mental health problems in the future. 

HOW CAN A SCHOOL MAKE SURE THEY DO NOT DISCRIMINATE?

A school must not discriminate against pupils during the admissions process and when providing education services, access to facilities, teaching and exclusions. They must also be vigilant that pupils do not feel discriminated against by other pupils.

There are many ways a school can make sure any form of discrimination is minimised and at best eliminated.

1) The school must first acknowledge that discrimination exists and it can happen. 

2) The school must identify all the forms of discrimination that is prevalent in the society and area the school is located and generally in society. 

3) They must write down in their child protection policy what measures they have put in place to safeguard all staff and pupils from these forma of discrimination the school has identified. The aim of this is to minimise all forms of discrimination whether that be from school policies, school rules, text books, school code of conduct, the teachers, teaching methods, the curriculum, careers advice, school dress, school breakfast and lunches, or from other pupils to name a few. 

LINK TO OUR L.I.P HELP GUIDE FOR PASTORAL CARE AND SCHOOL CHILD PROTECTION POLICY

4) The school must also have procedures in place to monitor and tackle discrimination when it does occur.

5) A school must be able to make changes, adapt and learn from cases that occur.

6) The school must promote democracy amongst staff and pupils.

7) The school must have policies in place to ensure the needs of all pupils are met.

8) A school should counteract the negative stereotypes present in society about different sexes and groups of people.

9) A school can try and employ a fair representation of individuals from all groups of people giving children a wide range of role models.

10) The school must understand a ‘whole school approach’ is required to minimise discrimination from all aspects of school life.

11) The school must be open to listening to student voices and parents.

12) The school must be actively proactive and inclusive of intercultural education, different languages and community awareness.

To summarise a schools role is to identify, highlight, challenge and safeguard all aspects of school life from discrimination. 

Under article 2 of protocol 1 of the European Convention of human rights, no one should be denied the right to education and the country must ensure that education must be made available to all.

LINK TO ARTICLE 2 OF PROTOCOL 1 OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS

ARE THERE ANY EXCEPTIONS WHERE CERTAIN ACTIONS AND BEHAVIOUR IS NOT DEEMED TO BE DISCRIMINATORY?

Yes there are:

  1. A single sex school can say no to members of the opposite sex during admissions. 
  2. Single sex sports can say no to members of the opposite sex if they want to participate.
  3. A single sex class in a mixed gender school can say no to members of the opposite sex if they want to participate in the class. However, the same class must be provided to the other gender.
  4. A single sex changing room can say not to members of the opposite sex if they want to enter. However, a similar changing room must be provided to the other gender.
  5. A faith school can prioritise admissions to children of the same faith. 

CAN YOU COMPLAIN TO A SCHOOL OR ANY OTHER UK EDUCATION ESTABLISHMENT IF YOU FEEL YOUR CHILD HAS BEEN DISCRIMINATED AGAINST FOR ANY REASON?

Please read our webpage on ‘complaining to and about UK education establishments’. Please click the link below.

LINK TO OUR L.I.P HELP GUIDE TO COMPLAINING TO AND ABOUT UK EDUCATION ESTABLISHMENTS

Please also read our webpage on ‘doing something about discrimination and inadequate care for special educational needs, disabled and medically ill children’. Please click the link below.

LINK TO OUR L.I.P HELP GUIDE FOR DOING SOMETHING ABOUT DISCRIMINATION AND INADEQUATE CARE FOR SEPCIAL EDUCATIONAL NEEDS, DISABLED AND MEDICALLY ILL CHILDREN.

You can contact the equality advisory support service. They will advise you on issues regarding equality and your human rights.   

LINK TO WEBSITE FOR EQUALITY ADVISORY SUPPORT SERVICE – CONTACT US