Racial Equality Policy

Areas of School this policy relates to: Whole School
Date: Nov. 2013
Person responsible: Mr A B Reeves

Introduction

Sgoil nan Loch endorse the guidelines laid out in the Race Relations Act 1976 (see Appendix 1) & Amendment Act 2000 (see appendix 2) and the CRE Codes of Practice in Education and Employment and the Regional Policy developed by the Education Department of the Local Authority. We will endeavour to develop positive initiatives to aid the professional development & offer racial equality training to enhance the knowledge and awareness of staff within the school.

Aims

We are aim to:

promote equality of opportunity;
promote good relations between members of different racial, cultural and religious groups and communities
challenge racial discrimination aiming to eliminate unlawful discrimination

Guiding principles

In fulfilling our legal duties listed above, we are guided by three essential principles:

Every pupil should have opportunities to achieve the highest possible standards, and the best possible qualifications for the next stages of their life and education.
Every pupil should be helped to develop a sense of personal and cultural identity that is confident and open to change, and that is receptive and respectful towards other identities.
Every pupil should develop the knowledge, understandings and skills that they need in order to participate in Britain’s multi-ethnic society, and in the wider context of an interdependent world.

Policy into Practice

The Head Teacher is designated to lead on the development of this policy. The procedure for development of the policy is also aimed at raising awareness of its content and aims. The procedure for policy development is:

write a draft policy
disseminate to staff
inform parents of the existence of draft policy and the opportunity for them to have a copy and input into the development of the policy – via School Board
present draft policy to staff, School Board and School Council for amendments and ratification
review policy with staff on a 3 year rota of policy review.
As part of Sgoil nan Loch’s Development Plan cycle and self evaluation the impact and implementation of this policy will be reviewed. Any areas of concern or improvement will then be addressed through an action plan.

We ensure that the content of this policy is known to all staff and School Board members, and also, as appropriate, to all pupils and parents.

As each existing policy is reviewed we ensure that the principles listed are thought about and embedded into policy and practice.

All staff and School Board members will have access to a selection of resources which discuss and explain concepts of race equality and cultural diversity in appropriate detail.

The School Board will help to monitor that the school complies with legislation, and that this policy and its related procedures and strategies are implemented.

The headteacher is responsible for implementing the policy; for ensuring that all staff are aware of their responsibilities and are given appropriate training and support; and for taking appropriate action in any cases of unlawful discrimination.

All staff are expected to:

deal with racist incidents that may occur
to know how to identify and challenge racial and cultural bias and stereotyping
to incorporate principles of equality and diversity into all aspects of their work.

Addressing racism and xenophobia

The school is opposed to all forms of racism and xenophobia, including those forms that are directed towards religious groups and communities, for example Islamophobia, and against Travellers, refugees and asylum-seekers.

Religious observance

We respect the religious beliefs and practice of all staff, pupils and parents, and comply with all reasonable requests relating to religious observance and practice.

Breaches of the policy

Breaches of this policy will be dealt with in the same ways that breaches of other school policies are dealt with, as determined by the headteacher.

Monitoring and evaluation

We collect, study and use quantitative and qualitative data relating to the implementation of this policy, and make adjustments as appropriate. Records of racial attack are kept and monitored.

This policy will be reviewed on a 3 year cycle. Issues relating to the implementation of the policy will be reviewed annually through Sgoil nan Loch’s self evaluation procedures.

APPENDIX 1

THE LAW
RACE RELATIONS ACT 1976

What is unlawful racial discrimination?

The Race Relations Act 1976 makes it unlawful to discriminate, directly or indirectly, against a person on racial grounds. Under the Act ‘racial grounds’ is used to mean race, colour, nationality (including citizenship), ethnic or national origin. Racial groups are defined by reference to those grounds. Pakistanis, Indians, African Caribbean’s, Sikhs, Jews, Gypsies and Irish Travellers are examples of some of the groups that have been recognised as racial groups under the Race Relations Act.

Direct racial discrimination means treating a person less favourably than another person on racial grounds. An example of direct discrimination is applying harsher discipline to black students. Indirect racial discrimination is more complex. It occurs when a person is subject to a requirement or condition that is applied equally to everyone. Discrimination occurs because, in practice, disproportionately fewer people from their racial group can comply with the requirement or condition; and it is a detriment to the person because they cannot comply with it. The Race Relations Act only recognises indirect discrimination as unlawful if all of these conditions apply. An example of unlawful indirect discrimination is where a school’s uniform policy does not allow for the dress requirements of particular racial groups.

Victimisation: The Act also makes it unlawful to victimise a person because they have made a complaint of racial discrimination, are believed to have made a complaint, or have supported a person who has made a complaint of racial discrimination. An example of victimisation is where an employee is denied an opportunity for training because they supported a colleague’s complaint of racial discrimination.

In what areas is racial discrimination prohibited?

The Race Relations Act 1979 makes it unlawful for public, private and voluntary organisations to discriminate in the areas of:

· Employment

· Education

· Housing

· The provision of goods, facilities and services

The Act also makes it unlawful for a public authority to discriminate in carrying out any of its functions. Here a public authority is defined as person or body carrying out functions of a public nature. This means that regulatory and enforcement functions, for example, child protection are covered by the Act. It also means that parts of an education service that are delivered by a private or voluntary organisation, under contract or service level agreement, are covered by the Act.

What is positive action?

In very specific circumstances, the Act permits positive action as a strategy for overcoming racial inequality.

Positive action allows you to :

· Provide facilities or services (in the form of training, education or welfare) to meet the special needs of people from particular racial groups (e.g. English Language classes)(Section35)

· Target job training at particular racial groups that are under-represented in a particular area of work (S37 and S38)

· Encourage applications from racial groups that are under-represented in particular work areas (S38)

Positive action strategies are intended to be temporary measures only: they must be kept under regular review, and they cannot be used once the special needs have been met or under-representation no longer exists.

Potentially, positive action offers a valuable way to take action to comply with the general duty. However, if considering using positive action as a strategy, it is necessary to ensure that the action falls within the law.

Section 71 Statutory Public Duty

Section 71 (1) of the Race Relations Act imposes a duty on all public authorities covered by schedule 1a to the Race Relations Act to have due regard in carrying out their functions to the need to:

· Eliminate unlawful racial discrimination

· Promote equality of opportunity

· Promote good relations between persons of different racial groups.

Section 71(2-4) of the Race Relations Act permits the Home Secretary to impose specific duties on all or some of the public bodies covered by Schedule 1a to the Act. Section 71 (C) of the Act permits the Commission for Racial Equality to issue codes of practice containing practical guidance, which will help the public authorities covered by the general and statutory duties to comply with the duties. The codes must be approved by the Home Secretary.

Section 71 (D) of the Act gives the CRE the power to enforce the specific duties. If the CRE is satisfied that a person has failed to comply with, or is failing to comply with a specific duty then it can issue a compliance notice which orders the to comply. The compliance notice requires the person concerned to (a) comply and (b) inform the CRE within 28 days of the steps that it has taken or is taking to comply with the duty.

Section 71 (E) of the Act gives the CRE the power to apply to a court for an order requiring a person to comply if they have failed to provide information on compliance, or the CRE believes that they don’t intent to provide information.

APPENDIX 2

Race Relations (Amendment) Act 2000

Strengthens the Race Relations Act 1976 Section 71 in that it imposes the general duty to all public authorities to:

· Eliminate racial discrimination

· Promote racial equality

APPENDIX 3

ETHNIC MONITORING CLASSIFICATIONS

The CRE’s 2001 ethnic monitoring census categories are set out below:

SAMPLE

Full Census Ethnic Categories

To which of these groups do you consider you belong to

(please tick one or write in)

Asian or Asian British
Bangladeshi
Indian
Pakistani
Any other Asian Background (please write in)

Black or Black British
African
Caribbean
Any other Black background (please write in)

Chinese

Mixed
White and Asian
White and Black African
White and Black Caribbean
Any other mixed background (please write in)

White
British
Irish
Any other White background (please write in)

Other ethnic group (please write in)

SUGGESTED SUMMARY OPTION

To which of these groups do you consider you belong to

(please tick one or write in)

Asian or Asian British
Black or Black British
Chinese
White
Other
Please state

TERMINOLOGY

Black

Black is sometimes used as a general term for people of African, Caribbean, South Asian and other Asian origin. Black is also one of the ethnic monitoring categories used in the census. It includes Caribbeans, Africans and others who wish to describe themselves as Black.

Ethnicity

Ethnicity refers to a person’s identification with a group that shares some or all of the same culture, lifestyle, language, religion, nationality, geographical region and history. Everybody belongs to an ethnic group, including, for example, the English, Irish, Scottish and Welsh.

Ethnic monitoring

The process of collecting and comparing data by ethnic group. In the school environment, ethnic monitoring might cover attainment and progress, recruitment and promotion, behaviour, discipline and exclusion, attendance in activities and use of services, and parental involvement in school.

‘Institutional racism’

The Steven Lawrence Inquiry Report defines institutional racism as:

The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen as processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and stereotyping which disadvantage minority ethnic people.

Multiculturalism

Multiculturalism is about recognising the value and importance of diverse culture, and treating people from different ethnic and cultural backgrounds as one’s equals.

Parent

The term ‘parent’ is used to include those who have parental responsibilities, including the local authority in the case of looked after children.

Race

A term used to describe a class of people distinguished by their skin colour and physical characteristics. There is no scientific basis for the nineteenth century belief that people could be divided into four basic ‘races’ and that some were superior to others.

Racial group

The Race Relations Act 1976 defines ‘racial group’ by race, colour, nationality (including citizenship) and ethnic or national origin.

Racial harassment

The CRE defines racial harassment as “verbal or physical violence, which is suffered by individuals or groups because of their colour, race, nationality and ethnic or national origins, and where the victim believes that the perpetrator was acting on racial grounds and/or there is evidence of racism.”

Racial prejudice

Prejudice involves prejudging people on the basis of false assumptions or inadequate evidence. Racial prejudice, which is usually negative, involves holding opinions or attitudes about people because of their racial or ethnic origin, based on false assumptions or inadequate evidence.

Racial stereotyping

Racial stereotyping involves categorising a racial group based on knowledge or experience of the actions or behaviour of a few people from that particular racial group. Racial stereotyping can be seen in views that certain racial groups are ‘good at sport’, or keep to himself or herself’.

Racism

The Stephen Lawrence Inquiry Report defines racism as

… conduct or words which advantage or disadvantage people because of their colour, culture or ethnic origin. In its more subtle form it is damaging as in its more overt form.

Using this definition, Black, White or Asian people may be victims of racism. This definition of racism is consistent with the Race Relations Act. Some groups of people (for example Black people, Asians, Gypsies and asylum seekers) are much more likely to suffer racism.

Racism is sometimes used to refer to the power relationship between White people and Black people. The basis of this viewpoint is that white people make most of the social, economic and political decisions and that these decisions may systematically disadvantage Black people. ‘Black’ is used politically in this context to unite people who are not white or who are likely to be subjected to racism (for example Jewish people).

Racial incident

A racist incident that is perceived to be racist by the victim or any person.

Travellers

Travellers refer to people who are traditionally nomadic, although they may not be living in houses or on permanent sites. The term covers Gypsies (who are recognised as a racial group under the Race Relations Act), Bargees, circus people, and New Age Travellers.

APPENDIX 4

USEFUL CONTACTS

COMMISSION FOR RACIAL EQUALITY

Head Office: St Dunstan’s House.
201-211 Borough High Street,
London SE1 1GZ.

Tel. 020 7939 0000
Fax 020 7939 0001

Email info@cre.gov.uk

Website: www.cre.gov.uk

CRE SCOTLAND

The Tun, 12 Jackson’s Entry,
off Holyrood Road,
Edinburgh EH8 8PJ

Tel: 0131 524 2000
Fax 0131 524 2001

Email scotland@cre.gov.uk

Website: www.cre.gov.uk/scotland