Reports from Stonewall indicate that every year, more young people are coming out as members of the LGBTQ+ community. Throughout our Inclusive Governance campaign we’ve been looking at different groups and issues to highlight how school governors can have constructive conversations to tackle inequality in their schools.
Today we’re going to be placing a spotlight on the LGBTQ+ community and we’ll be discussing what governors can do to ensure inclusivity is at the forefront of their work, and the legal responsibilities governors have towards these groups of pupils.
Why is this important to talk about?
Overall only 30% of LGBTQ+ pupils feel that homophobic, biphobic, and transphobic bullying is taken seriously at school while one in five (17%) LGBTQ+ young people hear negative language used about LGBTQ+ people on a daily basis. This coupled with the fact that only a third (33%) of LGBTQ+ pupils think that their school has a clear process for reporting and following up on LGBTQ+ bullying, makes this community an important one for governors to spotlight when talking about inclusion.
Discrimination Policies – The Equality Act 2010
The Equality Act 2010 is an important piece of legislation which legally protects people (in this case, pupils) from discrimination within society. School governors in public schools are responsible for ensuring schools meet the requirements laid out in The Public Sector Equality Duty (s.149 of The Equality Act 2010). The legislation outlines the following objectives for public authorities:
(a) Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010.
(b) Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it.
(c) Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
But how can these be put into practice in the context of the LGBTQ+ community? Let’s break it down…
(a) Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010.
In the context of the LGBTQ+ community, this includes ensuring LGBTQ+ people don’t feel discriminated against, harassed, victimised etc because of their sexual orientation or gender reassignment.
Important note: It doesn’t matter whether a trans and/or gender non-conforming person has undergone medical intervention or not. You don’t need to have undergone any medical treatment or surgery to change from your birth sex to your actual gender to be protected under the Equality Act 2010.
(b) Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
- In activities where participation of the LGBTQ+ community is low proportionately, encouraging this group to get involved is important.
- Ensure that LGBTQ+ pupils are not at a disadvantage for any reason because of their sexual orientation or gender identity.
- Make sure that constructive steps are taken to ensure the needs of LGBTQ+ people are met when these needs may be different to people who are not LGBTQ+ identifying.
(c) Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
This can simply refer to LGBTQ+ students and students who are not LGBTQ+ identifying.
Legally, private schools are exempt from the Public Sector Equality Duty however Ofsted often looks at how these schools meet these expectations. It is good practice for private schools to follow the above guidance to ensure LGBTQ+ students are protected.
Become a governor and check out our Inclusive Governance campaign
Interested in becoming a school governor? Find out more about the role and where to apply by clicking on the respective links.
Why not also check out our Inclusive Governance campaign for upcoming webinars, resources, and blogs focused on inclusivity, equality, equity, and diversity?