EQUALITY

Public Sector Equality Duty

What is the duty?

General Duty

The Public Sector Equality Duty (PSED) is part of the Equality Act 2010. It requires public authorities, including schools, to take equality into account when carrying out their responsibilities and making decisions.

The general duty has three main aims. Schools must have due regard to the need to:

  • Eliminate discrimination: Prevent unlawful discrimination, harassment, victimisation and other conduct prohibited by the Equality Act 2010.

  • Advance equality of opportunity: Reduce disadvantages experienced by people who share a relevant protected characteristic, meet different needs and encourage participation where it is limited.

  • Foster good relations: Promote understanding and respect between people who share a protected characteristic and those who do not, while challenging prejudice and discrimination.

These are commonly referred to as the three aims of the Public Sector Equality Duty.

Protected Characteristics

The Equality Act 2010 identifies the following protected characteristics:

  • Age

  • Disability

  • Gender reassignment

  • Pregnancy and maternity

  • Race

  • Religion or belief

  • Sex

  • Sexual orientation

Marriage and civil partnership is also a protected characteristic under the Act. However, its application to the Public Sector Equality Duty differs from the other characteristics and relates to the duty to eliminate unlawful discrimination.

What does having due regard mean?

Having due regard means properly considering how decisions and activities may affect equality, taking account of the circumstances and potential impact involved.

The level of consideration required will depend on the nature of the decision and the possible effects on people with protected characteristics. Equality considerations should be taken into account as part of the decision-making process, rather than only after a decision has been made.

Schools should consider both positive and negative effects. This includes identifying barriers that may disadvantage particular groups, recognising opportunities to improve inclusion and taking appropriate steps to address any concerns.

Eliminating unlawful conduct

The duty to eliminate unlawful conduct includes discrimination, harassment, victimisation and other behaviour prohibited by the Equality Act 2010. It also includes a failure to make reasonable adjustments where the law requires them.

Further guidance is available in the government's publication:

Equality Act 2010: Duty on employers to make reasonable adjustments for their staff (PDF)

Advancing equality of opportunity

Advancing equality of opportunity involves considering the different needs and circumstances of people with protected characteristics. This may include:

  • Removing or reducing disadvantages associated with a protected characteristic.

  • Taking steps to meet different needs.

  • Encouraging participation in activities where certain groups are underrepresented.

  • Considering the reasonable adjustments required for disabled people.

Positive action may sometimes be appropriate where evidence identifies disadvantage, particular needs or underrepresentation. Any such measures must be lawful and proportionate.

Further information is available in the government guidance:

Positive action in the workplace: guidance for employers

Fostering good relations

Fostering good relations means promoting understanding, challenging prejudice and encouraging positive relationships between people from different backgrounds and with different protected characteristics.

At Shamblehurst Primary School, we aim to promote an inclusive environment in which pupils, staff and families are treated with respect and differences are recognised and valued. Equality should be considered throughout school life, including our policies, practices and decisions.

Specific Duties

The specific duties support public authorities in meeting the general duty. They establish requirements for publishing equality information and setting equality objectives, helping organisations demonstrate how they are fulfilling their responsibilities.

The requirements that apply depend on the type of public authority and the relevant regulations.

For schools in England, the applicable requirements include publishing information demonstrating compliance with the Public Sector Equality Duty and publishing equality objectives. Maintained schools must update their equality information annually and review their objectives at least every four years.

Shamblehurst Primary School's equality information and objectives should be read alongside the school's current approved policies and other relevant documents.

Please refer to the school's published equality documents for further information.

Equality Policy
EQUALITY STATEMENT