Local council has only 7 protected characteristics in schools inclusion consultation doc?

[chestnutmares]

Hello - a local council has put out 2 schools consultations today for feedback, and when looking at the background docs to these, I noticed a discrepancy. In the info for the one on inclusion/equality in schools, they mention the 2010 Equality Act but say there's 7 protected characteristics and there's no mention of sex as one. In the bullying in schools background doc, they have the 2010 Equality Act in Appendix B with the full list of 9. I'm all for everyone feeling safe and protected but this seems a bit off - I'm thinking about writing to them but I've never done anything like this before, can anyone with more experience than me advise at all please? Thanks. Here's the link, it's the first 2 consultations: eastlothianconsultations.co.uk

There are two that don't apply in schools for children - age and marriage/civil partnership I think. Sex definitely does!

The draft Respect for All policy defines sexism on page 15: Sexism and Gender Derogatory language and the spreading of malicious rumours can be used to regulate children and young people’s behaviour e.g. suggesting that they are not being a real man or a real woman. These terms can be of an explicit sexual nature and can involve using terms for people who are gay and lesbian as a negative towards a person’s masculinity or femininity. Sexism and gender stereotypes feed into homophobia, biphobia and transphobia. Gender stereotyping, based on the notion of acceptable and unacceptable male and female behaviour, can leave children and young people, who are not perceived to conform to these notions, vulnerable to indirect and direct bullying behaviour.
Personality traits that do not fit into the unwritten rules of ‘appropriate’ male and female behaviour can lead to bullying behaviour because of their perceived difference.

This came from:
Respectme.org.uk describes prejudice-based bullying as follows (some details have been summarised):
Doesn’t appear to be a definition written by a feminist...

@chestnutmares here is a model letter you can use

Why not start but contacting them and saying that you think there's been a mistake because they seem to have omitted sex and the other one they've dropped from protected characteristics and asking them to assure you they'll correct it? You could send an email. Doesn't have to be in your own name. I might, in your position, ask a couple of GC friends to also contact the council making the same point.

Take it from there. If they don't/ won't correct it, take it here

forwomen.scot

They may be able to advise on the Scottish situation. I might, in your position, put in a Freedom of Information request to the council asking for minutes and documents relating to the meetings where it was decided to edit the characteristics.

I also noticed that they said the protected characteristics of age and marriage/civil partnership were not relevant in a school setting. 16 is the min age for marriage in Scotland?

@FindTheTruth Thanks - link seems to be broken though?

Model Letter
Dear…

Public Sector Equality Duty & Protected Characteristics

The list of protected characteristics you are using is incorrect.

There are 9 protected characteristics covered by the Equality Act 2010 (age, disability, gender reassignment, marriage & civil partnership, pregnancy & maternity, race, religion or belief, sex, sexual orientation).

You have incorrectly listed gender as a protected characteristic when the protected characteristic is sex.

Not only is this incorrect but it is misleading and may prevent people from accessing their rights under the law.

Please correct this inaccuracy in all council policies/Please confirm that you are using the correct term of ‘sex’ across all your policies (adapt as appropriate).

I look forward to hearing from you.

---------------

WPUK Please send any responses to us via our contact page

We are collating responses in a spreadsheet which we will share with you when we have it.

sorry having trouble posting links today :(

womansplaceuk.org/sex-is-a-protected-characteristic/#:~:text=Model%20Letter&text=There%20are%209%20protected%20characteristics,%2C%20sex%2C%20sexual%20orientation

Thanks @FindTheTruth and @Shedbuilder , handy info from both.

Well done for spotting it. And good luck

I'm actually really scared of doing this in my name, I've seen what happens to women in my sector who put their heads above the parapet. My mental health is easily bruised at the best of times. I think I might send the info to forwomen.scot in the first instance and see if they can assist. Thanks, everyone.

Tell them they can't rewrite an Act of Parliament to suit their own agenda. And no, it hasn't been updated. It is still the Equality Act 2010. Ask them if their insurers and their legal people would be happy with their rewriting of an Act of Parliament.

And gender reassignment can’t apply to children either...

Would using just your initial and surname give you any degree of anonymity?
This only works if you have a reasonably common surname, which I don't. But I have taken to only using my initial and not using any title when I raise these sorts of thngs so that my email isn't immediately recognised as being from a woman.

In the context they've used it, they should just list the nine protected characteristics correctly (and then comment on those which are not relevant in school context if they need to). As it stands, this is just a misrepresentation of the Equality Act:

"The Equality Act (2010) provides legislative protection to the seven protected characteristics namely: race, disability, gender, religion and belief, sexual orientation, gender reassignment, pregnancy and maternity, and places duties on local authorities related to these protected characteristics."

Chestnutmares, I'm a bit fed up of women who want other women to do something but won't do something they can safely do for themselves. There's nothing to stop you opening a gmail account or a talktalk email account in a false name and using that for this kind of correspondence.
No one will be able to trace it back to you.

I'm a bit sick of this idea that those of us fighting this issue on the frontline are superwomen with cast-iron mental health and confidence and nothing to lose.

Walk a mile in another woman's shoes shedbuilder. When this is over and we hopefully come up trumps, I'll make sure I vote for you to get an award for your bravery.

I go at this with a couldn't give a shit attitude, but I have nothing to lose. I have sympathy with any women who lacks the confidence to put their head above the parapet. If we divide, by a heirarchy of the great and the good, then we're in the same area as the wokerati.... no thanks

Yes just seven protected characteristics for education (sex is one), not nine

I just clicked the link, and all nine protected characteristics, including sex, are now listed. Maybe they've amended it?

I don't want a bloody award, highame, I'm just busy enough following through on all the stuff that's happening on my doorstep without being asked to take on someone else's stuff in another country.

I've been trying to raise this issue for more than 12 years now. It's that long ago since a transwomen took over a women's organisation that I was involved in and drove out every woman who wouldn't go along with it. I find the assumption that those of us who are actually writing letters and getting organised and Tweeting and doing something about it are invulnerable and have boundless confidence and resources and teflon-coated psyches pretty offensive. It's not difficult to create an alter-ego that will afford you anonymity.

FindTheTruth thank you.

Marriage certainly applies in a school context, given you can marry at aged 16 and still be at school. Also the issue of child brides and children being married overseas where it is permitted at a young age should be considered.

@nosswith

FindTheTruth thank you.

Marriage certainly applies in a school context, given you can marry at aged 16 and still be at school. Also the issue of child brides and children being married overseas where it is permitted at a young age should be considered.

Not as a protected characteristic it doesn’t! See Equality Act s84 (b)