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Public Sector Equality Duty

What is the Public Sector Equality Duty?

The single Public Sector Equality Duty (PSED) came into effect in April 2011 as a result of the Equality Act 2010. It requires public bodies to promote equality and replaced three pre-existing duties relating to disability, race and gender equality.

The PSED applies to all maintained and independent schools, including academies, and maintained and non-maintained special schools.

Protected Characteristics

The Department for Education (DfE) has published non-statutory advice that sets out schools' obligations under the PSED.

Paragraph 5.1 explains that the PSED extends to the following protected characteristics:

  • Race, disability, sex, age, religion or belief, sexual orientation, pregnancy and maternity, gender reassignment 
Three Main Elements

Paragraph 5.1 of the document explains that the PSED has three main elements. In carrying out their functions, public bodies are required to have due regard to the need to: 

  • Eliminate discrimination and other conduct that is prohibited by the Equality Act 2010;
  • Advance equality of opportunity between people who share a protected characteristic and people who do not share it;
  • Foster good relations across all characteristics, and between people who share a protected characteristic and people who do not share it.
Due Regard

Paragraph 5.4 of the DfE's advice says that 'due regard' has been defined in case law and means giving "relevant and proportionate consideration to the duty".

For schools, this means:

  • Decision makers must be aware of the duty to have due regard when making a decision or taking an action, and must assess whether it may have implications for people with particular protected characteristics;
  • Schools should consider equality implications before and at the time that they develop policy and take decisions, not as an afterthought, and they need to keep them under review on a continuing basis;
  • The PSED has to be integrated into the carrying out of the school’s functions, and the analysis necessary to comply with the duty has to be carried out seriously, rigorously and with an open mind.
Specific Duties

The PSED introduces secondary legislation in the form of specific duties. The duties require schools to: 

  • Publish information to demonstrate how they are complying with the PSED. This information must include, in particular, information relating to people who share a protected characteristic
  • Prepare and publish equality objectives

Schools are required to update this published information at least annually and to publish objectives at least once every four years.

What does Stanburn do to eliminate discrimination?

  • Expectations for staff: We have a rigorous staff code of conduct, a detailed staff handbook and clear expectations for all staff that ensure our staff act in a non-discriminating manner and are mindful to avoid actions that will be deemed as such to the public and our wider community.
  • School policies:  All our policies set out a clear message that discrimination is not tolerated: staff safer-recruitment, behaviour, anti-bullying, safeguarding and child protection. 
  • Reasonable adjustments: We make reasonable adjustments for all protected characteristics to overcome barriers to success.
  • Recruitment: The governing body and school leaders involved in recruitment will avoid unlawful discrimination in all aspects of employment including recruitment, promotion, opportunities for training, pay and benefits, discipline and selection for redundancy. 
  • Teaching: Through a structured PSHE curriculum offer, assemblies, workshops and visits, equalities will be discussed with and taught to the children, exemplifying the British Values and our school values
A selection of ways we improve equality of opportunity:
  • Celebration of events such as Black History Month, Chinese New Year, Martisor, Diwali and more;
  • The PSHE curriculum covers issues such as difference, belonging and prejudice;
  • Pupil achievement is monitored for low-income families;
  • Class assemblies reflect the diversity of the school through the themes chosen;
  • Displays, photos, Dojo posts reflect the diversity of the school;
  • Curriculum resources such as books, photos and online content is monitored to reflect diversity;
  • The classroom environment is monitored to make it accessible to all pupils;
  • The accessibility needs of parents are considered when sending out information;
  • Information on the race of new staff/leaving staff is monitored;

Our Equality Information and Objectives Policy can be found here.

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