Discrimination

Are the Disability Discrimination Act obligations too burdensome for schools?

scameron — Mon, 30 Nov 2009 15:09:23 +0000

What are the obligations under the DDA?

Case law: Religious dress and effective teaching

scameron — Wed, 25 Feb 2009 16:38:43 +0000

QUESTION: Can the school restrict a teacher’s religious observance if it interferes with her work?
ANSWER: The case of Azmi v Kirklees Metropolitan Borough Council, [2007] ELR 339, concerned Mrs Azmi, a bilingual support worker at a junior school. Her job required her to work as part of a team to support the learning and welfare of pupils, and to assist with children from ethnic minority backgrounds.
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When can a religious student be exempt from uniform policy?

scameron — Wed, 25 Feb 2009 15:15:22 +0000

Fortinbras, in Hamlet, goes to war over ‘a little patch of ground that hath in it no profit but the name.’ In the recent case of Watkins-Singh, which reached the High Court, war broke out between a school and one of its pupils over a plain steel bangle about 5 millimetres wide. The bangle was a Sikh Kara, which is worn by Sikhs as a sign of their identity and faith.
The Kara did not meet the uniform requirements of the school, which stipulated that no jewellery other than a wrist watch and one pair of plain metal studs in the ear were permitted.
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School uniforms and religious symbols

scameron — Mon, 19 Jan 2009 10:36:44 +0000

In recent years a number of schoolgirls have brought legal challenges against their schools when they have been prevented from wearing items related to their religious faith. The items in question have included the Jihab, the Niqab veil and a purity ring. Each of these actions has been founded on an alleged breach of the pupil’s human rights and all of these claims have failed.
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Legal obligations on uniform policy

sara — Sat, 30 Aug 2008 12:21:33 +0100

In the first issue of Legal Expertise we have decided to look at school uniform. Over the last two years there have been a number of legal challenges mounted to aspects of school uniform policies and in response the DCFS issued new comprehensive guidance to schools last month. However, last week news broke of a further legal challenge relating to the rights of pupils to wear religious symbols, this time from a 14-year-old Sikh pupil whose school has barred her from wearing a silver Kara bangle, one of the five symbols of Sikh identity.
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When can schools specify religion or sexual orientation in staff?

admin — Sat, 30 Aug 2008 10:20:43 +0100

Employment equality regulations on religion or belief and sexual orientation became law in 2003. At first there were few cases brought under the new law, but the last 18 months have seen a series of cases, which allows us to examine the scope of the 2003 regulations through judicial decisions.
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School uniform policy and religious belief

jlee — Sat, 30 Aug 2008 10:20:43 +0100

The case of P v A Local Authority (2007) (not yet reported) looked at the issue of uniform policy and religious belief. The school uniform policy stated that jewellery was not part of the school uniform, and was not to be worn. A new female pupil joined the school. Before she joined, she and her parents signed a home-school agreement acknowledging that the school uniform policy had been explained to them, and that they would comply with it.
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Raising disability awareness in schools

jlee — Sat, 30 Aug 2008 10:20:42 +0100

The latest disability legislation (the Disability Discrimination Act 2005 ,or DDA) charges all public sector authorities with further responsibilities in relation towards disabled people. This includes schools, where it is likely that SENCOs will have a significant role to play in supporting their schools in carrying out these new duties.
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Identity, religion and uniform

jlee — Sat, 30 Aug 2008 10:20:34 +0100

Faced with the flurry of legal cases and headline-grabbing stories about the rights of children to wear dress and symbols which are related to religion, headteachers might well ask: Why here? Why now? Why religious dress rather than other issues of uniform? And what do I do about it?
They do not have the protection that France gives its educators through national legislation. They are left in the British tradition to make a pragmatic decision as to what is best in their own context.
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Uniform and religion: is your school policy watertight?

jlee — Sat, 30 Aug 2008 10:20:32 +0100

One of the functions of a school governing body is to decide whether there ought to be a school uniform, and to consider other rules relating to appearance (for example hair colour and style, the wearing of jewellery and make-up).
But governors do not have a free rein — they must take law and guidance into account, and be aware of religious and racial discrimination issues. This article sets out the latest law.
Religious belief
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Promoting disability equality

jlee — Sat, 30 Aug 2008 10:20:31 +0100

The Disability Discrimination Act (DDA) sets out a general duty to promote disability equality with a specific duty which applies to local authorities and publicly funded schools. This includes a requirement to prepare and publish a disability equality scheme showing how a public authority is meeting its general duty.
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Educational equalities: raising the stakes

jlee — Sat, 30 Aug 2008 10:20:29 +0100

Without doubt the educational attainments of young people have a profound influence on their futures and it is still the case that discrimination has a major impact on educational outcomes.
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New powers to outlaw religious discrimination

jlee — Sat, 30 Aug 2008 10:20:26 +0100

The advice comes in guidance issued to support new provisions in Part 2 of the Equality Act 2006, which came into force on April 30.
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Challenging homophobia

admin — Sat, 30 Aug 2008 10:20:17 +0100

Homophobia is a real problem in many schools for pupils who are lesbian, gay, bisexual or transgender (LGBT). Homophobic bullying destroys lives and shying away from discussion about homosexuality can help fuel a culture of non-acceptance that sets precedents for behaviour in adulthood. One way of tackling homophobia is to talk about homosexuality. Yet for many teachers, gay and straight, talking about same sex relationships with pupils, parents and colleagues, may seem like the hardest thing to do.
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Fire safety for all: alarm systems

admin — Sat, 30 Aug 2008 10:20:17 +0100

It's obvious isn't it – the fire alarm sounds and everyone evacuates the building. Or do they? What happens if you can’t actually hear the alarm? We all know that fire safety is essential in teaching areas, but current statistics show that one in seven people in the UK are deaf or hard of hearing. That's 8.7 million people who can't hear your fire alarm.
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Inclusion and homosexuality

admin — Sat, 30 Aug 2008 10:20:14 +0100

The majority of schools and colleges acknowledge that homophobia needs to be challenged alongside other forms of prejudice. However, in this article I argue that few do enough to ensure that gay relationships are recognised as being equally valid as heterosexual ones.

All children are equal…
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The veil case, employment, and religious discrimination

admin — Sat, 30 Aug 2008 10:20:11 +0100

The media spotlight has recently focused on the issue of religious discrimination in the workplace. The education environment has been particularly under its glare following the suspension of the school teacher Aishah Azmi, and her subsequent tribunal claim.

Ms Azmi, a teaching assistant in a West Yorkshire school, was asked to remove her niqab, a face veil worn by some Muslim women that leaves only the eyes visible, because pupils found it hard to understand her during English language lessons.
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Creating an inclusive environment for children with disfigurement

admin — Sat, 30 Aug 2008 10:20:10 +0100

When a child who looks different joins your nursery, children will stare and ask questions. This can be awkward as we have been taught that staring and personal questions are rude. But small children’s natural curiosity is generally considered a good thing. How can you handle difference, surprise, concern and curiosity in ways which are positive for everyone?
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Stamping out homophobic bullying

admin — Sat, 30 Aug 2008 10:20:06 +0100

Homophobic bullying is a growing cause of concern for children and young people. The NSPCC’s child protection helpline, ChildLine, reported that in April 2006 27% of their calls related to sexual orientation issues. In fact homophobic bullying was the most common single problem. Sadly, as ChildLine suggests, it may be an especially effective or powerful form of bullying because victims are particularly unwilling to seek help.
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Who says girls can't play on the same team as boys?

admin — Sat, 30 Aug 2008 10:20:05 +0100

Girl who challenged the football association

Minnie Crutwell is a 10-year-old girl from South London who plays football for the Balham Blazers. In March 2006, she reignited the debate over whether girls should be allowed to play football in mixed teams after they had reached the age of 12.
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Challenging the myths

admin — Sat, 30 Aug 2008 10:20:05 +0100

With new pupils coming into your school, it’s worth having an open discussion with colleagues about the myths surrounding gifted children. It also makes a useful introduction before looking at issues of identification.

They’re boffins/swots/nerds

If you hear these words being used it’s important to challenge them, whether it comes from a pupil, colleague, visitor or parent.
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Analysing and uprooting the prejudice against giftedness

admin — Sat, 30 Aug 2008 10:20:04 +0100

Shortly after the National Academy for Gifted and Talented Youth was set up in 2002, a primary school teacher went on to the Times Educational Supplement website and wrote:
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Your equal opportunities policy - an audit

admin — Sat, 30 Aug 2008 10:19:58 +0100

Ask yourself these questions and then discuss them with your staff. You should be able to change your policy from a filed-away document to a living reflection of your values.

Do you know where it is?
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Racist bullying: preventing and dealing with incidents

admin — Sat, 30 Aug 2008 10:19:55 +0100

Preventing and dealing with racism is not an optional extra, something to address if and when more fundamental things are in place, but is itself absolutely central to the educational enterprise.
DfES advice

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Impact of CEHR on education

admin — Sat, 30 Aug 2008 10:19:54 +0100

Recent years have seen major developments in legislation to promote equality and diversity. These include the passing of the Race Relations (Amendment) Act in 2000 and the Special Educational Needs and Disability Act in 2001. In addition, European Union directives have required member states to further develop anti-discriminatory legislation in the areas of sexual preference, age, religion and belief and race.
The CEHR

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Putting tolerance in its place

admin — Sat, 30 Aug 2008 10:19:49 +0100

Tolerance is sometimes mentioned as an important British virtue; Britain is said to be a tolerant society. But we also hear of zero-tolerance policies on some matters. What is tolerance, and is it always right? Some of the issues around tolerance are matters of law and politics that might be taken up as part of citizenship, but because tolerance is also a matter of personal attitudes and values it merits attention in PSHE too.
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