The Equality Act 2010 sets out eight protected characteristics.
The protected characteristics are:
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- religion or belief
- sexual orientation
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.
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.