| SPOTLIGHT |
The Equality and Human Rights Commission (EHRC) has updated its technical guidance for schools in England and Scotland, outlining the obligations the Equality Act places upon schools regarding pupils with protected characteristics and the provision of their education.
The technical guidance, updated last week (22 September), helps school leaders to understand and comply with the Act and “suggests steps schools can take to ensure they are meeting their obligations”, said the watchdog.
It added: “Examples from across the protected characteristics are provided, in areas such as admissions, exclusions and access to facilities and services.”
The EHRC revealed that the guidance has been reviewed to ensure its references to the protected characteristics of sex and gender reassignment reflect developments in this area of policy and law, which “continues to evolve”.
The points corrected in the updated guidance include a section on the use of names and pronouns; an example of gender reassignment discrimination in relation to school exclusion; a reference to segregation on the grounds of gender; and updated definitions of sex and gender reassignment.
The Department for Education (DfE) will be issuing separate guidance for schools in England on supporting transgender students, which it is expected to consult on “in due course”.
The EHRC revealed that it has urged the Department for Education to bring forward their guidance “as soon as possible, to help provide much-needed clarity for schools and families”.
Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said: “As the equality regulator, we have a duty to promote and uphold Britain’s equality laws. The update ensures schools have access to definitive guidance on their obligations under the Equality Act 2010.
“Schools across England and Scotland can feel confident the updated guidance will support them to comply with the law.”
Addressing calls for guidance for schools in relation to issues of sex and gender, she continued: “We reviewed our technical guidance because we recognise that this complex area of policy and law has evolved since it was first published in 2014.
“We have now revised some areas to ensure the guidance is legally correct.
“It is crucial we avoid any confusion on this important topic. Our technical guidance for schools focuses on the practical implementation of the Equality Act.
“The EHRC has additionally provided the Department for Education with advice on equality law and, where appropriate, human rights.”
Lottie Winson
