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

[Hazeldine]

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?

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?

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.

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.

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.

Thanks jelly

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?)

Brilliant, thank you Wild

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

*tripe

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.

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.

If you scan through existing threads you will see this is happening in a lot of places not just schools.

The main point is they are incorrectly stating what the law is.

There is no protected characteristic of gender. It is Sex. They are not complying with the law.

It is on the Government web site.

You can be polite and just let them know there seems to be an error.

This is the link they need to look at www.legislation.gov.uk/ukpga/2010/15/section/4

dcs secondary schools policy was reviewed last year - it mentions gender not sex and additionally it says:

Additional Notes on Gender Equality The Duties
The Equality Act 2006 created the gender equality duty for all public sector bodies, including schools. The gender equality duty is in two sections... ?

is this right?

I think the gender section of 2006 EA is from earlier sex discrimination law and demonstrates how sex and gender are often conflated. I'd suggest sticking with the 2010 EA as it's the most recent, bringing together dozens of acts, and is very clear cut.

You may also find that the vast majority of secondary schools are now part of academy chains and no longer under the LEA. So each school/multi academy trust needs to be picked off individually on these kinds of issues. Primaries not so much.

i will write because the school prides itself on its high performance, detail, logic and science...

It was this thread I was thinking of Hazeldine:

www.mumsnet.com/Talk/womens_rights/3379144-Feminist-school-governor

Thank you jelly, I will give it a read.

midclegs Yes, a state primary. Thanks for the link!

stumbled Thank you!

Thanks for that. Especially enjoyed the Posie rant link on p5.

Thanks for this post, it has prompted me to check my DD's school policy and indeed, it has gender instead of sex so I have just this minute emailed them.
I also noticed I've had a reply from one of the universities we visited, that had the same, with an apology and a promise that it will be amended

ach, i havent done my school yet/ youve inspired me...will do it this werkend.

Got a reply from my DDs school.
“Thank you for bringing this to my attention. I will make sure the policy is amended appropriately.”
I also looked on other schools websites and contacted some.

Well done!

Thanks but I really want to thank those who posted about this type of thing and those who said what can be done. I'm also looking at various schools over the country and if I find many. I'll be writing to my MP to ask why this happening

I've just emailed DC's school over this - massive college group.
Let's see if they reply!

Ive just checked my DCs school and it has the exact same statement.

Not fucking impressed, tbh. Ive emailed and asked WTF because I dont care who provides the training, anyone educated enough to work in a school should be capable of basic fucking fact checking before they take it upon themselves to re-write the law.