Department of Education
The Equality Act 2010 and Public Sector Equality Duty
"Schools are required to comply with relevant requirements of the Equality Act 2010. Chapter 1 of Part 6 of the Act applies to schools.
The content of the school curriculum is exempt from the duties imposed on schools by Part 6 of the Equality Act.
This means schools are free to include a full range of issues, ideas and materials in their curriculum. Schools are not required to equally weight all of the protected characteristics within the curriculum.
The Public Sector Equality Duty (as set out in section 149 of the Equality Act 2010) requires all public authorities (including state-funded schools) in the exercise of their function, to have due regard to the need to:
eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act
advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it
foster good relations between persons who share a relevant protected characteristic and persons who do not share it
Relevant protected characteristics are:
age
disability
gender reassignment
pregnancy and maternity
race
religion or belief
sex and sexual orientation
State-funded schools must ensure that the public sector equality duty is discharged when taking decisions.
Pupils should leave school with a proper understanding of the importance of equality and respecting and understanding differences. This includes differences in religion, belief, or sexual orientation."
www.gov.uk/guidance/plan-your-relationships-sex-and-health-curriculum#using-external-agencies
UK Government
Commentary on Sections
Part 2: Equality: Key Concepts
Chapter 1: Protected characteristics
Equality Act
Section 12: Sexual orientation
Effect
55.This section defines the protected characteristic of sexual orientation as being a person’s sexual orientation towards:
people of the same sex as him or her (in other words the person is a gay man or a lesbian)
people of the opposite sex from him or her (the person is heterosexual)
people of both sexes (the person is bisexual).
Background
57.The definition is designed to replicate the effect of similar provisions in the Employment Equality (Sexual Orientation) Regulations 2003 and the Equality Act 2006.
Examples
A man who experiences sexual attraction towards both men and women is “bisexual” in terms of sexual orientation even if he has only had relationships with women.
A man and a woman who are both attracted only to people of the opposite sex from them share a sexual orientation.
A man who is attracted only to other men is a gay man. A woman who is attracted only to other women is a lesbian. So a gay man and a lesbian share a sexual orientation."
www.legislation.gov.uk/ukpga/2010/15/section/12/notes
External agencies, resources and/or facilitators suggesting to children in schools that heterosexual relationships may be lesbian or gay due to the 'gender identity' claimed by of one or more of those involved put the schools hosting in breech of their statutory responsibilities.