Discrimination in Schools

Sadly, discrimination sometimes occurs within schools, leaving young and vulnerable students feeling confused, hurt and with the possibility of compromising their academic success. Discrimination in schools is illegal as per the legislation of several Acts, and schools should aim to prohibit unfair treatment as well as address allegations promptly.

The following article explains the laws surrounding discrimination in schools more thoroughly, and the ways in which a parent can address possible concerns.

Disability Discrimination in Schools

Educational institutions, with a strong focus on schools, are considered to be acting in a discriminatory way if they treat any child less favourably because they have a disability and it is not possible for them to justify their actions. This is covered by legislation that is set out in the Disability Discrimination Act 1995, with amendments made by the Educational Needs and Disability Act in 2001.

Each school is obliged, under the Act, to lay out their plans for extending the accessibility of their establishment to students with disabilities. This includes the need to change facilities in order to ensure that disabled students are not at a disadvantage to others. Schools are further obliged to demonstrate that they understand the importance of educating children and staff on equality of opportunity and to encourage all to maintain a positive attitude towards those who have a disability. In turn, it is hoped that this will encourage disabled people to fully participate and integrate and will ensure that the student's needs are met by the school.

Gender Discrimination in Schools

It is illegal for a school to discriminate on the basis of gender, as per Section 22 of the Sexual Discrimination Act which saw amendments made in 2005. The Act sets out that it is illegal for an educational facility to discriminate against, deny access to facilities, refuse an application or unfairly exclude a student because of their gender. An exception to this ruling is given in section 26 of the Act, which considers single sex educational environments. In these settings, the establishment is authorised to discriminate with regards to their admissions processes based on gender.

Further requirements are made of educational establishments as per the Equality Act of 2006, which places a legal obligation on public authorities, including schools and colleges to help eradicate unlawful gender discrimination. To comply with this, schools must set up and carry out a Gender Equality Scheme. The scheme is required to be available for assessment and ongoing monitoring, and the school will be required to present progress reports on an annual basis.

Racial Discrimination in Schools

Section 17 of the Race Relations Act confirms that it is illegal for a school to discriminate against a student because of their race. This means that schools cannot discriminate in their admission policies, application processes, access to facilities or unfairly exclude a pupil because of their race. The Act also outlines that schools are legally entitled to make provisions for members of certain racial groups in order to meet the needs of that group.

In 2001, the Act was amended to enable public authorities a legal obligation to encourage racial equality by promoting opportunity and good relations between races. What is more, the Act stipulates the need to discourage unacceptable and discriminatory behaviours. Schools are then required to take adequate measures to publish reports on an annual basis, where as higher education establishments are obliged to submit a written statement of the equality policies in place. Each school has a legal obligation to record, in writing, incidents of racism that occur in their establishment. The record of such incidents must be given to the Local Authority unless it is deemed to be significantly serious, in which case it should be referred to the police.

How should a parent deal with discrimination in school?

If a parent believes that their child is the victim of discrimination in school because of their gender, race or disabilities, they should submit a claim with either the County Court or the Special Educational Needs and Disability (SEND) First Tier tribunal. If the claim is made through the County Court, compensation could be awarded, whereas a claim to SEND will lead to an apology, acknowledgement of the discrimination and the assurance that further training will be given to prevent future incidents.