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Original poster

School Equalities policy: "gender" instead of "sex"

61 replies

Hazeldine · 26/08/2020 10:49

I have been reading the Equalities policy of my daughter's primary school and this is how they represent the protected characteristics under the Equality Act 2010:

"The Single Equality Act combines the existing three duties into one new Equality Duty that covers all seven of the equality strands: age, disability, gender, gender-identity, race, religion or belief and sexual orientation."

These seven are repeated multiple times; sex (the actual protected characteristic under the EA 2010) is not mentioned at all.

Any recommendations about how to raise this with them? Has anyone done similar?

OP posts:
midclegs · 26/08/2020 14:48

Hazeldine, completely agree with what Jeeeez has said, but if you don't get a response / it's not changed, you could then write back with:
_
Modifying the list of the 9 protected characteristics as set out in the Equality Act 2010 is not illegal, but any EIA which uses this as a template will risk generating less credible evidence to defend against Judicial Review for breach of PSED or claim of indirect discrimination.

womansplaceuk.org/2020/07/20/making-policies-equality-act-compliant/

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Is this a state school (sorry, haven't rtft)? I'm wondering if an FOI to the school LEA to find out what is in each of the EQ policies at all of their schools might come up with. I think they're beholden to respond within 20 working days as well.

Original poster
Hazeldine · 26/08/2020 12:29

Jeeeez Thanks so much for that insight. I definitely will be pleasant and polite about it as I don't want to get off on a bad footing and obviously it's been an incredibly stressful time for them. I noticed it says online that this particular policy is set for review in September 2020 so this feels like an ideal time to send a note about it.

OP posts:
Jeeeez · 26/08/2020 12:09

*tripe

Jeeeez · 26/08/2020 12:08

As a sch governor I know schs Google things and cut and paste their documents, which might also have happened at academy level. Or not...

I suggest sending a brief polite letter stating that you've seen inaccuracies in their document and containing a link to the correct characteristics. When they've corrected the policy ask them where their information came from and follow things on from there. It's going to be a particularly difficult start to the academic year so make it easy and pleasant for them to change it. Once you've established a relationship you might well be in a better position to challenge their RSE, which I suspect will be gender identity heavy if their equality documents are so full of

Original poster
Hazeldine · 26/08/2020 11:49

Brilliant, thank you Wild

OP posts:
Wildlynx · 26/08/2020 11:49

safeschoolsallianceuk.net/resources-2/letter-templates/
The LEA letter template may be of use to you. I used this but also have had no response from our school (yet?Hmm)

Original poster
Hazeldine · 26/08/2020 11:43

Thanks jelly

OP posts:
jellyfrizz · 26/08/2020 11:39

My children’s school had similar, I emailed them and they changed it.

There was a thread about school policies at the time (not started by me), I’ll see if I can find it.

Original poster
Hazeldine · 26/08/2020 11:38

Really Valancy, same wording and everything?

We're new to the school (eldest DD is just about to start Reception) so I don't want to kick up a fuss, but it's concerning how I can Google this exact, legally incorrect, wording and get lots of identical hits from schools all around the country.

Where are they copy-pasting these policies from? I can't find an official source.

OP posts:
ValancyRedfern · 26/08/2020 11:33

My dd's primary school is the same. I emailed about it in early July. No response yet. I get its an incredibly stressful time for them so I'm trying to be patient. Will be sending a nudge soon.

Original poster
Hazeldine · 26/08/2020 11:28

Googling the first part of the quoted sentence above reveals 30+ other primary schools around the country using the exact same Equalities policy wording. Does anyone know where this policy originated?

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