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Has the school failed in their public sector equality duty?

Has the school failed in their public sector equality duty?

Introduction

The Equality Act 2010 sets out eight protected characteristics.

The protected characteristics are:

For more information on discrimination in school exclusions, see the Quick Guide: A headteacher's power to exclude

Consider the school's pack, the exclusion letter, and any evidence you have obtained from the school. Look for any evidence that would suggest that the school has treated the young person less favourably because of a protected characteristic. In addition, look for evidence that would suggest that the school has applied a policy or practice to the young person, despite the fact that this has disadvantaged them because of a protected characteristic.

Next step? 

Answer the question: does the young person have a protected characteristic that has contributed to them being excluded?

If the answer is yes, consider using the Suggested Wording document: Argument to the governing board: Public Sector Equality Duty not satisfied

Note: if the answer is yes, you will follow the discrimination flow, which will prompt you to consider different forms of discrimination. Selecting no will take you to the next part of the guide.

 

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This information is correct at the time of writing, 5th September 2023. The law in this area is subject to change.

Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.

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