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Equality Diversity and Community Cohesion

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					     Children Schools and Families




    Equality, Diversity
                            and
 Community Cohesion
           April 2011

  Ricards Lodge High School
Based on Guidance for Merton Schools
             document




                                       1
                                             Outline of public duty under the Equality Act 2010




                                                                                                                                                                                                    Marriage & civil partnership
                                                                                                                                                                            Pregnancy & maternity
                                                                                                                                                      Gender reassignment
                                                                                                                                 Sexual orientation
                                                                                                      Religion or belief
                                                                                         Disability
                                                                            Race




                                                                                                                           Age
                                                                                   Sex
Protected characteristics

Protection against unlawful discrimination                                 ●       ●     ●            ●                    ●     ●                    ●                     ●                       ●


Advance equality of opportunity                                            ●       ●     ●            ●                    ●     ●                    ●                     ●


Foster good relations                                                      ●       ●     ●            ●                    ●     ●                    ●                     ●



Favorable treatment' (s.13(3)) and "special treatment" (s.13(6)                          ●                                                                                  ●

Implementation timing of public sector equality duty
● Comes into force: April 2011
● Guidance published: December 2010
● Draft code of practice laid before Parliament: January 2011




                                                                                                                                                                                                                                   2
             Ricards Lodge High School
Equality, Diversity and Community Cohesion
             Based on Guidance for Merton Schools
                               October 2009
“Making All Children Matter”


Contents
-

Section 1. Context


1.1 Introduction and purpose
1.2 Legislative background
1.3 What is Community Cohesion?


Section 2.   A Framework for a Single Equality, Diversity and Community
             Cohesion Policy.


2.1 Introduction (Including EDCC Statement) and Equality Act Public
      Sector Duty 2011
2.2 The School Context – What sort of school are we?
2.3 Our approach to promoting equality and diversity
2.4 A cohesive community
2.5 Age Equality
2.6 Disability Equality
2.7 Gender (Sex) Equality
2.8 Gender Reassignment Equality
2.9 Marriage and Civil Partnerships Equality
2.10 Pregnancy and Maternity Equality

                                                                          3
2.11 Race Equality
2.12 Religious Belief Equality
2.13 Sexual Orientation Equality
2.14 Roles and responsibilities
2.15 Monitoring



Section 3.   Summary of schools‟ statutory duties and good practice
             requirements


3.1 Whose responsibility is it?
3.2 Community Cohesion
3.3 Race Equality and the Race Relations Amendment Act 2000
3.4 The Disability Equality Duty
3.5 The Gender Equality Duty


Section 4.   Appendices: Putting the Equality, Diversity and Community
             Cohesion Single Policy into Practice


4.1 Developing equality schemes
4.2 Community Cohesion Standards: audit for schools
4.3 SEF Guidance: The effectiveness with which the school promotes equal
opportunity and tackles discrimination
4.4 SEF Guidance: The effectiveness with which the school promotes
community cohesion
4.5 Useful documents, websites and contact
4.6 Equality Act Summary Guide
4.7 Dignity at Work Policy
4.8 Anti-Bullying Policy
4.9 Family Support Provision Policy
4.10 Equality Incident Reporting Procedures
4.11 Self Review Cycle (See attached)

                                                                         4
Section 1: Context

1.1 Introduction and Purpose
This document responds to current equality, diversity and community cohesion
legislative requirements on school practice. The document also meets the
school‟s statutory and practical duties to promote community cohesion, equality
and diversity. It also acknowledges updates and builds on relative and relevant
work that Ricards Lodge High School have undertaken thus far, in response to all
legislative practice requirements. The impact of the Equality Act 2010 is outlined
in the document: What equality laws means for you as an education provider:
schools (Also see Equality and Human Rights Commission, EHRC employers
guides x7)


The new Ofsted framework (Sept 2009) underlines the importance of these
policies. Ofsted inspections will now include a judgment on:
         “The effectiveness with which the school promotes equal opportunities
          and tackles discrimination”(refer to Appendix 4.3)
         “The effectiveness with which the school promotes community
          cohesion” (refer to Appendix 4.4 )
         Consideration of the outcomes for all pupil groups within the
          achievement judgment.


(Ofsted framework under review 2011)


The Equal Opportunities judgment is a limiting judgment i.e. the grade can affect
the overall school grade.


This document is an overarching equality, diversity and community cohesion
policy which recognizes that all and any actions resulting from a policy are what
make a difference and should not be hierarchical in how they subsequently need
to be implemented, in order to influence school practice accordingly. This

                                                                                    5
document aims to establish and address the real needs of all stakeholders, in
order to deliver under the Every Child Matters (ECM) agenda.



It is therefore advised that schools‟ Equality, Diversity and Community
Cohesion Policies should:


      Set out in detail how the school will meet all the statutory duties and
       clearly define the responsibilities for this (refer to Section 2.8)
      Summarize the school‟s approach to equality, diversity and community
       cohesion, across the whole school community.
      Be evaluated annually as part of the school‟s self evaluation process to
       identify priorities for the school development plan (refer to Appendix 4.3
       and Appendix 4.4)


Ricards Lodge High School has a single overarching Equality, Diversity and
Community Cohesion Policy (EDCC).


This document will be used as a starting point for discussion, relative to the
school‟s own unique identified needs. This policy recognises and considers with
equal detail all aspects of equality and diversity policy (Age, Disability, Gender,
Gender Reassignment, Marriage and Civil Partnership, Pregnancy and Maternity,
Race, Religious Belief, Sex, Sexual Orientation). Ricards Lodge will annually
discuss and consult with all their stakeholders, particularly the users of their
services. Throughout this document the term „parents‟ includes carers and
guardians.




                                                                                      6
1.2 Legislative Background
This document has been produced taking account of current and relevant
legislation that affects school practice:


       Equality Act 2010 (See EHRC Guidance 2.1 and 4.6)
       Equal Pay Act 1970
       Civil Partnership Act 2004
       Sex Discrimination Act 1975
       Race Relations Act 1976 as amended in 2000
       Disability Discrimination Act 1995 as amended in 2005, Disability Equality
        Duty (2005)
       Code of Practice for Schools 2002
       Human Rights Act 1998
       Sex Discrimination (Gender Reassignment) Regulations 1999
       Special Educational Needs and Disability Act 2001
       The Employment Equality (Religion or Belief) Regulations 2003
       The Employment Equality (Sexual Orientation) Regulations 2003
       Equality Act 2006
       Education and Inspections Act 2006 (Duty to promote community
        cohesion)
       Equality Act (Sexual Orientation) Regulations 2007
       The National Curriculum (1999), which incorporates a statement on
        inclusion, „Providing effective learning opportunities for all children‟.


Previously the only specific requirement is for schools to publish schemes or
policies in the three areas of race, gender and disability (new public sector duty
implemented April 2011). However Ricards Lodge have published policies for all
equality strands (age, gender reassignment, marriage and civil partnerships,
pregnancy and maternity, religious belief, sex and sexual orientation) These
strands are full considered when assessing and evaluating the implications of all
our policies and procedures on all aspects of school practice. (This will become a

                                                                                     7
general requirement April 2011). Particular attention will need to be paid to the
monitoring of data on all incidents that occur during practice implementation.
(See Appendix 4.10 / 4.11). Each equality strand (protected characteristics) will
have published objectives by April 2012 (specific requirement)


More detail about the legislation that is particularly relevant for schools is
included in Section 3.


1.3 What is community cohesion?
   A cohesive community is defined as one where:


      There is a common vision for all communities, an emphasis on articulating
       what binds communities together rather than what differences divide them,
       a sense of belonging, of identifying with the neighbourhood and of „looking
       out for each other‟.
      There is a practical and evidential commitment to equality, diversity and
       social justice.
      The diversity of people‟s different backgrounds and circumstances is
       appreciated, respected and protected in all practice, in order to support
       integration and cohesion in changing and emerging communities.
      People have similar life opportunities and choices, irrespective of
       background.
      Everyone understands their rights and responsibilities and is given the
       opportunity and encouraged to participate at all levels.
      Strong and positive relationships are being developed between people
       from different backgrounds in the workplace, in schools and within
       neighbourhoods.


Definitions extracted from Community Cohesion Education Standards for Schools
(Home Office; DfES; CRE, 2004), Our Shared Future (Commission on Cohesion
and Integration, 2007), Guidance on the duty to promote community cohesion

                                                                                    8
(DCSF, 2007), Local Government Association, (2002), Department for
Communities and Local Government, 2006)




The national Community Cohesion Standards are framed by four strategic
aims, which are to:


       Close the attainment and achievement gap between different pupil
        groups.
       Develop common values of citizenship based on dialogue, mutual
        respect based on the acceptance of diversity.
       Contribute to building good community relations and challenge all types
        of discrimination and inequality.
       Remove the barriers to access, participation, progression, attainment and
        achievement.


The DCSF Guidance on the duty to promote Community Cohesion (2007)
suggests schools‟ contribution to community cohesion can be grouped
under the following three headings:


       Teaching, learning and the curriculum – to teach pupils to understand
        others, to promote common values and to value diversity, to promote
        awareness of human rights and of the responsibility to uphold and defend
        them, and to develop the skills of participation and responsible action.


       Equity and excellence – to ensure equality of opportunity for all to
        succeed at the highest level possible, removing barriers to access and
        participation in learning and wider activities through the elimination of
        detrimental variations in outcomes for different groups of learners.




                                                                                   9
      Engagement and extended services – to provide a means for children,
       young people and their families to interact with people from different
       backgrounds and build positive relations, including links with different
       schools and communities locally, across the country and internationally,
       where appropriate.
The Ofsted criteria for judging Community Cohesion is in Appendix 4.4


(Community Cohesion under review Jan 2011).




                                                                             10
Section 2: Ricards Lodge High School: A Framework for
                 a Single Equality, Diversity and Community
                 Cohesion Policy

2.1 Introduction
This single Equality Policy Document sets out a framework for Ricards Lodge
High School with the aim of promoting equality, diversity and community
cohesion. It relates in particular to the context, policies and practice of the school.
It also covers the school‟s statutory responsibilities as part of the same single
policy (and the Equality Act 2010).


This policy has been developed by a working party representative of the school
stakeholders. The policy aims to set out our school‟s expectations in regard to
equality and diversity issues. This policy is intended to be a practical working
document that will instruct and advise all members of the Ricards Lodge
community of their duties and responsibilities under legislation relating to equality
and diversity.




                                                                                    11
Equality Act 2010:
Public Sector Equality Duty
What do I need to know?
A quick start guide for public sector organisations




Introduction

The Equality Act 2010 replaces the previous anti-discrimination laws with a single
Act. It simplifies the law, removing inconsistencies and making it easier for
people to understand and comply with it. It also strengthens the law in important
ways, to help tackle discrimination and inequality. The majority of the Act came
into force on 1 October 2010.

This quick start guide is intended to help public sector organisations understand
and prepare for a key remaining measure in the Act – the public sector Equality
Duty, which comes into force on 6 April 2011.

Sources of further information about the Equality Duty are listed at the end of the
guide.



What is the Equality Duty?

The Equality Duty is a duty on public bodies and others carrying out public
functions. The aim of the Equality Duty is to embed equality considerations into
the day to day work of public authorities, so that they tackle discrimination and
inequality and contribute to making society fairer.

The Equality Duty supports good management practice - it encourages public
bodies to engage with the diverse communities affected by their activities so that
policies and services are appropriate and accessible to all and meet different
people‟s needs. By understanding the effect of their activities on different groups,
and how inclusive public services can support and open up people‟s
opportunities, public bodies are better placed to deliver policies and services that
are efficient and effective. The Equality Duty therefore helps public bodies to
deliver their overall objectives for public services.


                                                                                    12
The Equality Duty consists of a general duty, with three main aims (set out in
section 149 of the Equality Act 2010); and specific duties (set out in secondary
legislation to accompany the Equality Act 2010).The specific duties are designed
to help public bodies meet the general duty. 1 A public function is a function of a
public nature for the purposes of the Human Rights Act 1998.


What’s changed?
The new Equality Duty replaces the three existing public sector equality duties -
for disability, race, and gender. The Equality Duty covers the following protected
characteristics:

•      age
•      disability
•      gender reassignment
•      pregnancy and maternity
•      race – this includes ethnic or national origins, colour or nationality
•      religion or belief – this includes lack of belief
•      sex
•      sexual orientation


It also applies to marriage and civil partnership, but only in respect of the
requirement to have due regard to the need to eliminate discrimination.

The new Equality Duty is designed to reduce bureaucracy while helping public
bodies to deliver equality outcomes. It devolves power from central government
to public bodies so they are better able to meet the needs of the people they
serve. It will require public bodies to publish more information on equality than
before, and to demonstrate how they are delivering improvement so that the
public can hold them to account.



Who does the Equality Duty apply to?

The general duty applies across Great Britain to public bodies listed in Schedule
19 to the Equality Act 2010, and to other organisations when they are carrying
out public functions.

The specific duties covered by this guide apply to certain public bodies in
England, Scotland and Wales in relation to their non-devolved functions. The
relevant public bodies are listed in secondary legislation available at
www.equalities.gov.uk. Separate specific duties apply to Scottish and Welsh
bodies in respect of their devolved functions.

                                                                                    13
The general duty

The general duty has three aims; it requires public bodies to have due regard
to the need to:

•      eliminate unlawful discrimination, harassment and victimisation and
       other conduct prohibited by the Equality Act 2010;
•      advance equality of opportunity between people from different groups;
       and
•      foster good relations between people from different groups.


Having due regard means consciously thinking about the three aims of the
general duty as part of the process of decision-making. This means that
consideration of equality issues must influence the decisions reached by public
bodies – in how they act as employers; how they develop, evaluate and review
policy; how they design, deliver and evaluate services, and how they
commission and procure from others.

Having due regard to the need to advance equality of opportunity involves
considering the need to:

•      remove or minimise disadvantages suffered by people due to their
       protected characteristics;
•      meet the needs of people with protected characteristics; and
•      encourage people with protected characteristics to participate in public
       life or in other activities where their participation is low.


Fostering good relations involves tackling prejudice and promoting understanding
between people from different groups.

Complying with the general duty may involve treating some people better than
others, as far as this is allowed by discrimination law. For example, it may involve
making use of an exception or the positive action provisions in order to provide a
service in a way which is appropriate for a particular group.

The general duty also explicitly recognises that disabled people‟s needs are
different from those of non-disabled people. In considering the need to meet the
needs of disabled people, public bodies should therefore take account of
disabled people‟s disabilities. This might mean making reasonable adjustments
for them or treating them better than other people.




                                                                                  14
Example
A police authority reviews its recruitment procedures to ensure the height
requirements do not unintentionally discriminate against women applicants,
with the aim of eliminating unlawful sex discrimination.


Example
A local council provides funding for a women‟s refuge for victims of domestic
violence, with the aim of advancing equality of opportunity for women, and in
particular meeting the needs of women.



Example
A local authority focuses training and mentoring schemes towards disabled
members of the community to help them to stand as local councillors, with the
aim of advancing equality of opportunity for disabled people, and in particular
encouraging their participation in public life.


Example
A school hosts a series of cultural events providing information to its pupils about
different cultures and religions, to remove barriers and so enable them to engage
with each other, with the aim of fostering good relations between different groups.



The specific duties

The general duty is underpinned by a number of specific duties which provide a
framework to help public bodies meet the general duty. Most public bodies
subject to the general duty are also subject to the specific duties. The specific
duties require public bodies to set specific, measurable equality objectives and to
publish information about their performance on equality, so that the public can
hold them to account. All information must be published in a way which makes it
easy for people to access it.




                                                                                  15
Information showing that they have complied with the general duty
Public bodies covered by the specific duties must publish sufficient information
to show that they have considered the three aims of the general duty across
their functions. Public bodies other than educational bodies must publish this
information by 31 July 2011. Educational bodies must publish it by 31 December
2011. Subsequent information must be published at least annually.

The information published must include information on the effect that the public
body‟s policies and practices have on equality for service users, and (for those
with 150 or more staff) on equality for their employees. Public bodies with 150 or
more staff will be expected to publish information on significant and long-standing
inequalities such as the gender pay gap and the proportion and distribution of
disabled employees and staff from ethnic minority communities.



Evidence of equality analysis undertaken
To comply with the general duty, public bodies need to understand how their
policies and practices will affect equality for different groups, and do this early
enough to influence how things are done. Under the specific duties, they must
publish evidence of equality analysis they have undertaken to establish whether
their policies and practices would further, or have furthered, the three aims of the
general duty. They must also publish details of the information they considered in
conducting that analysis.

Public bodies other than educational bodies must publish this evidence and
information by 31 July 2011. Educational bodies must publish it by 31 December
2011. Subsequent information must be published at least annually.



Equality objectives
Public bodies covered by the specific duties must publish equality objectives
that will help them to further the aims of the general duty .These must be based
on published equality evidence and analysis, and they must be specific and
measurable. Public bodies must also publish how they will measure progress
towards their equality objectives.

Public bodies must publish their equality objectives and how they will measure
progress by 6 April 2012. Subsequent objectives and accompanying information
must be prepared and published at least every four years.




                                                                                   16
Details of engagement undertaken
Public bodies covered by the specific duties must publish information about
engagement they have undertaken with people who have an interest in
furthering the three aims of the general duty.

They must also publish details of the engagement they undertook in
developing their equality objectives.

Public bodies other than educational bodies must publish details of their general
engagement activity by 31 July 2011 and then at least annually. Educational
bodies must publish this information by 31 December 2011 and then at least
annually. Details of engagement undertaken in developing equality objectives
must be published at the same time as the objectives.



Implementing the Equality Duty

So that public bodies can meet their responsibilities, it is important for people
throughout the organisation to know about and understand the Equality Duty and
what it means for how they do their work. Complying with the Equality Duty
requires active consideration of equality across the functions of the organisation,
so staff need to be aware of its requirements and have access to the right
training, information and tools to help them embed consideration of equality into
their work. You should consider what this means in particular for:

•     Board members – in how they set strategic direction, review performance
      and ensure good governance of the organisation.
      Senior managers – in how they oversee the design, delivery, quality
      and effectiveness of the organisation‟s functions, and how they ensure
      the organisation has the capability and capacity to deliver on its
      equality responsibilities.
•     Equality and diversity staff – in how they raise awareness about the
      Equality Duty within the organisation and how they support staff to deliver
      on their responsibilities.
•     Human resources staff – in how they embed equality considerations in
      employment policies and procedures.
•     Policy makers – in how they embed equality considerations in all stages
      of the policy making process.
•     Communications staff – in how they ensure equality messages are built
      into the organisation‟s communications strategy, and how they ensure
      equality information is available and all information is accessible.



                                                                                 17
•      Analysts – in how they support the organisation to understand the effect
       of its policies and practices on equality for different groups.
•      Front line staff – in how they embed equality considerations in the
       delivery of services to the public.
•      Procurement and commissioning staff – in how they embed equality
       considerations in the organisation‟s relationships with suppliers,
       through specifications and contract management.
       The following examples illustrate how the Equality Duty could work in
       practice:



Example

A local authority is implementing the new Equality Duty and considering how this
will affect its services. One of its functions is maintenance and development of
local parks and green spaces. It reviews the information it has on the usage of
the main local park by different groups of people. This shows that the park is
used well by a wide range of people in the mornings and early evenings, but that
usage in the middle of the day is predominantly by pre-school children and their
parents. Despite a large local population of older people, the information shows
they tend not to use the park very much in the middle of the day. The local
authority publishes the information it has about the protected characteristics of
park users (except where there are fewer than ten people in any group, to protect
individuals‟ confidentiality). It publishes this information on 31 July 2011 on its
website.

The local authority commissions research and engages with local community
groups involving older people, to explore the reasons for this. The research and
engagement shows that older people tend not to use the park during the day
because there are few quiet seating areas. Talking to groups of older people
reveals that they would also use the park more if they could have lunch there, but
the café sells only snacks rather than hot meals and is often noisy because of the
number of young children.

As a result of this research and engagement activity, the local authority decides
to set an equality objective to deliver a measurable increase in the number of
older people using the park between 11am and 3pm over the next two years. It
decides to measure this by adding a question about age to its annual survey of
park users, and introducing customer feedback forms in the café which include
questions about protected characteristics including age. The local authority
publishes this equality objective on 6 April 2012 on its website, along with how it
will measure progress towards it and details of the research and the discussions
it held with older people.
                                                                                  18
It also produces a factsheet for local residents containing information about all its
service-related equality objectives and the information and engagement which
influenced them. Taking into account the findings of the research and
engagement, the local authority decides to place more park benches in areas
away from play and sports areas, so that older people will feel more comfortable
using the park. It also reviews its contract with the company running the café and
negotiates a variation which requires the provision of a quiet area of the café and
a “daily special” hot meal on weekday lunchtimes. These improvements are
publicised to the local community to encourage greater use of the park by older
people.



Example

A further education college with 180 employees is implementing the new Equality
Duty and considering how this will affect it as an employer. As part of this, it
reviews the information it has on the protected characteristics of its staff. It
realises that while it has good information about the age and sex of employees,
the information it holds on their ethnicity and on disability is patchy and it holds
no information about religion or belief, gender reassignment or sexual orientation.
The college realises that it needs better information if it is going to be able to
analyse the effect of its employment policies and practices on staff with different
protected characteristics.

Having engaged staff groups and trade unions and considered available
guidance on workforce equality monitoring, the human resources (HR)
department decides to send a voluntary diversity monitoring form covering
ethnicity, disability, religion or belief, gender reassignment and sexual orientation
to all staff, with a covering letter explaining why it wants to collect this
information, how the information will be used and how privacy will be protected.

This results in much more complete data on the ethnicity, disability and religion or
belief of staff, but there is a very low response rate to the questions about gender
reassignment and sexual orientation. The college publishes the data showing the
protected characteristics of staff at all grades (except where there are fewer than
ten people in any group, to protect individuals‟ confidentiality). It publishes this
information on 31 December 2011 on its website.




                                                                                   19
Because this exercise suggests that staff are not comfortable disclosing their
sexual orientation or gender reassignment, the college holds discussions with
staff and trade union representatives, other employers who have a good record
on lesbian, gay, bisexual and transgender (LGB&T) issues and organisations
representing LBG&T people. As a result, the college decides to set an equality
objective to deliver a measurable improvement in the employment experiences of
its lesbian, gay, bisexual and transgender staff over the next four years. It
decides to measure this by looking at the percentage of staff who disclose sexual
orientation or gender reassignment and by comparing the results of staff
satisfaction surveys for these groups against the results for other staff.

The college publishes this equality objective on 6 April 2012 along with how it will
measure progress towards it and details of the discussions it held with staff. It
decides to publish this information in a short web-based leaflet which also sets
out the other equality objectives it has chosen.

The college decides to do some work to improve the experiences of LGB&T staff,
to help it achieve its objective. Following further discussions with staff and others,
it joins with other educational bodies in the local area to establish a staff support
network for LGB&T staff, it ensures that HR policies and communications include
clear messages about the value it places on being an inclusive organisation and
it organises staff seminars and events to raise awareness of diversity issues.



Enforcement

The Equality and Human Rights Commission is responsible for assessing
compliance with and enforcing the general and the specific duties. It has powers
to issue compliance notices to public bodies that have failed to comply and can
apply to the courts for an order requiring compliance. The general duty can also
be enforced by judicial review. This can be done by the Commission or any
individual or group of people with an interest.



Further sources of information

The Equality and Human Rights Commission is the statutory body established
to help eliminate discrimination and reduce inequality. It will produce a statutory
Code of Practice on the public sector Equality Duty later in 2011, explaining the
law in more detail. It has also produced the following five guides providing
practical guidance on how public bodies can comply with the Equality Duty and
achieve good practice:

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1. The essential guide to the public sector equality duty.
2. Equality analysis and the equality duty. A guide for public authorities.
3. Engagement and the equality duty. A guide for public authorities.
4. Equality objectives and the equality duty. A guide for public authorities.
5. Equality information and the equality duty. A guide for public authorities.


These are available from:
www.equalityhumanrights.com

0845 604 6610

General information about the Government‟s equality strategy and legislation is
available from the Government Equalities Office at:
www.equalities.gov.uk

0303 444 1204

Information on Government guidelines for releasing data is available at:
www.data.gov.uk




                                                                                  21
                    EQUALITY, DIVERSITY AND COMMUNITY COHESION STATEMENT
     In accordance with the aims of Ricards Lodge, we are a school that recognises and celebrates the
                               similarities and differences in our community.

We strive to establish a culture and environment where each individual is valued, and where appreciation is
    given to everyone‟s age, disabilities, gender, gender reassignment, marriage and civil partnership,
pregnancy and maternity, race, religious belief, sex and sexual orientation. We are committed to ensuring
            that we treat each other and those in the wider community with dignity and respect.

    Equality, diversity and community cohesion issues are addressed within our curriculum where age,
 disabilities, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race,
    religious belief, sex and sexual orientation are regularly considered. Our curriculum is designed to
 encourage all to develop the skills necessary to become full members of society developing their abilities
                                         and reaching their potential.

We respect the equal rights of our students, staff and other partners in the school community. In particular,
we will comply with and implement the schools single Equality, Diversity and Community Cohesion Policy.




                                                                                                                22
2.2 The School Context – What sort of school are we?
This section relates to the context section of the SEF.
Since our last inspection the school has attained Specialist School Status in the
Performing and Visual Arts which as well as giving us increased capacity in the
Arts to support whole school improvement has also enabled us to work
increasingly effectively with school and community groups in Merton and beyond.
In RR6 our combined 6th form with Rutlish School opened September 2010.


Our MLD base was replaced with an ARP for students with SLCN in September
2008.


Our curriculum offer has changed significantly since the last inspection with an
increase in the range of applied learning opportunities especially at Key Stage 4.


The percentage of students on the SEN code of practice has grown since the last
inspection with the largest category of need for behavioural, emotional and social
needs. We have increased capacity in our inclusion team to increase the support
and training we provide.


Ricards is an 11 – 16 comprehensive school for girls with a co-educational sixth
form in the London Borough of Merton. Merton has 8 secondary schools in total,
4 community, 2 Voluntary Aided Catholic schools (11-18) and 2 Academies (11-
18).


We are a multi cultural school with 65% of our students from minority ethnic
backgrounds. We have 72 refugee and asylum seekers the largest group of
which are Tamils from Sri Lanka. 42.2% of our students have English as an
additional language with 5.2% at an early stage of learning English. Our most
common home languages are Urdu, Tamil and Bengali.


Students travel from all parts of the Borough and beyond to reach school with the
majority taking well over 30 minutes to reach the school using public transport.
                                                                                   23
We have a school deprivation indicator of 0.28 which is above the national
average.


      Parental involvement with school practice.


For further information please refer to: (CDP records, Data manager reports, DIP,
Governor Reports, HOD, HOY, Inclusion Team records, Kirkland Rowell, Local
authority reports, SEF, SIMS, Tell us, TTR Analysis and Whole school).


      Ethnic composition
           -    Census
           -    SIMS
       Staff:
           -    SIMS
           -    School workforce Census


       Members of the school governing body:
           -    Governing Body Records


      Any travellers, refugees, asylum seekers and any other new arrivals who
       are part of the school‟s stakeholders.
   -   SIMS


      Disability data, including information on numbers of disabled pupils:
           -    Vulnerable Children‟s list
           -    Panel Records
           -    Dottie List
           -    SIMS


           Staff:
           -    Data Manager
                                                                               24
       Governors:
       -   Governing Body Records


   Gender data
       -   Data Manager


   Socio-economic background(s) of pupils, including FSM
       -   SIMS
       -   Raise on line


   Attainment and progress levels of different groups of pupils
       -   Termly TTR Analysis


   Religious and linguistic diversity of pupils in context of the local and any
    other community served by the school (March 2010).
       -   SIMS
       -   Buddhist        1.10%
       -   Christian       32.12%
       -   Hindu           4.99%
       -   Jewish          0.17%
       -   Muslim          24.00%
       -   Other           4.56%
       -   Sikh            0.25%
       -   No religion     22.73%
       -   Refused         8.45%


   Other disadvantaged groups of pupils e.g. LAC
       -   SIMS
       -   Reports to Personnel Governors Committee (EL)



                                                                             25
       Pupil mobility
              -   SEF
              -   Census


2.3 Our approach to promoting equality and diversity
The school‟s Equality and Diversity Policy provides a framework for the school‟s
determination to eliminate all forms of unlawful discrimination and harassment;
promote equality of opportunity; and promote good relations and positive
attitudes between people of diverse backgrounds, in all its relevant functions and
activities.


Through the implementation of this policy, the school seeks to ensure that no
member of the school community or any other person, in their contact with the
school, receives less favourable treatment on any grounds that cannot be shown
to be justified. If any issues of less favourable treatment are identified and/or
reported, they are dealt with according to a whole school practice approach.


This covers race, colour, nationality, ethnic or national origin, religion or belief,
gender, marital status or civil partnership, responsibility for children or other
dependants, looked after children, young carers, teenage parents, pregnancy
and maternity, disability, sexual orientation, gender reassignment, age, trade
union or political activities, socio-economic background, where the person lives,
spent convictions. The principles of this policy apply to all members of the
extended school community – pupils, all staff, volunteers, visitors, governors,
parents, community members and business partners.




                                                                                        26
2.4 A Cohesive Community
Introduction:
Ricards Lodge High School is an 11-16 comprehensive school for girls with a co-
educational sixth form with 1187 on roll situated in Wimbledon, London Borough
of Merton. Merton is a small borough comprising two 11-18 Voluntary Aided
Catholic High Schools, two 11-16 and two 11-19 community schools and two 11-
18 Academies.


Background:
Our students come to us from over 65 primary schools both within and outside
the Borough. We serve an ethnically diverse population with over 64% of
students from minority ethnic backgrounds and 6% being asylum seekers.
42.2% have English as an Additional Language, and speak nearly 40 different
languages. We have an ethos where all students regardless of their ethnic
background have the same opportunities to succeed. Significant numbers of our
students travel long distances to reach the school, many from areas of social and
economic deprivation as identified by the government, with Free Schools Meals
at 14.4%.


In order to contribute practically, to the achievement of a cohesive community,
our school aims to:
       Promote understanding and meaningful engagement between different
        communities.

Encourage all children and families to feel part of the school and wider
community.
       Understand the needs and hopes of all our communities.
       Identify and tackle all forms of unlawful discrimination.
       Increase life opportunities and choices for all the school‟s stakeholders.
       Ensure teaching, learning and the curriculum, explore and address
        adequately, issues of equality and diversity relative to the needs of all
        stakeholders.

                                                                                     27
Local Links:
      Ricards Lodge works particularly closely with local older people
       (specifically through a strong partnership with The Wimbledon Guild); the
       parents and carers of our students (through a variety of inter-generational
       events and activities) and local businesses.


      We work particularly closely with a number of schools (Bishop Gilpin,
       Wimbledon Chase, Wimbledon Park, Holy Trinity, The Priory and St Ann‟s
       Special School) on arts related projects offering their students access to
       high quality dance, music, art and drama experiences. This is achieved by
       the sharing of our human and physical resources.


National Links:
Ricards Lodge has some very good national links. These include:
      Students taking part in the Shakespeare School‟s Festival where students
       get the opportunity to meet and work with students from other
       establishments around the country.
      Students taking part in the RSC Learning Performance Network where
       students have the opportunity to perform alongside other students in
       Stratford-upon-Avon.
      Students taking part in a special schools‟ version of Billy Elliot with the
       opportunity to work alongside students from other schools in London.
      Stuart Green leads the SW London Design and Technology Association
       meeting. Members of the Design and Technology department have fed
       into this meeting.
      Annabelle Taylor delivered a two hour session on KS3 session on KS3
       teaching Food Technology. Opportunity to share good practice and keep
       up to date with current trends within Design and Technology curriculum,
       Technology and Learning.




                                                                                     28
      Food in Schools Partnership: Annabelle Taylor is a trainer with the Food in
       Schools Partnership running training sessions for Primary School
       Teachers who want to effectively teach food in the Design Technology
       Curriculum. This is now a curriculum requirement. Two training days
       have already taken place. Next training day is booked for summer term
       2010.


International Links:
      Ricards Lodge has the International Schools‟ Award (Intermediate Level)
       and has partner schools in India, Pakistan, Tanzania and France. Projects
       include:


      A school in Paris that we are working on joint literature and drama SOW
       that we are visiting in June 2010.


      A school in India that our staff have visited and whose staff have visited
       us. The students are able to share their work and experiences.


      A school in Pakistan – as above.


      Communities in Tanzania – we are raising money for the school projects
       and working toward a visit there in the future.


      We also work with parents of students at Ricards Lodge High School (In
       particular with new students and Asian Families).


During 2010/2011/2012 all aspects for our Community Cohesion work will
significantly develop through our „prevent‟ project. We have secured significant
funding for this project.




                                                                                    29
2.5 Age Equality
Ricards Lodge High School Age Discrimination Policy (May 2010)
(incorporating retirement policy)

1. Introduction and statement of intent
2. Age discrimination and other equality policies
3. Retirement
4. Advertising
5. Recruitment and Selection
6. Absence management
7. Performance management
8. Training and promotion
9. Redundancy selection and payments
10. Monitoring
11. Implementation and responsibilities
12. Contacts


The school will meet the general and specific duty of the Equality Act 2010. (2.1)



1. Introduction and statement of intent
1.1 Ricards Lodge High School is committed to ensuring that all staff are treated
fairly irrespective of their age and has taken measures to ensure that it fully
meets the requirements of the Employment Equality (Age) Regulations 2006 and
the Equality Act 2010.


1.2 Age will not be a factor in any decisions made concerning recruitment &
selection, access to employee benefits, opportunities for promotion or training,
performance management, application of discipline or capability procedures or
selection for redundancy.




                                                                                   30
1.3 This strand of the Policy is largely based on the best practice policy of
University of Glasgow, Human Resources Department, accessed May 2010.
(http://www.gla.ac.uk/services/humanresources/)




2. Age discrimination and other equality policies
2.1 Ricards Lodge High School demonstrates through its Single Equality,
Diversity and Community Cohesion policy its commitment to ensure that all staff
are treated fairly. The implementation of this policy will support and strengthen
this commitment.


3. Retirement
3.1 Please refer to London Borough of Merton Early Retirement of Teaching
Staff: Policy


3.2 Staff who do not wish to be retired at the normal retirement age have the right
to request to remain in employment beyond this age and Ricards Lodge High
School will consider any request made. At least six months prior to the planned
retirement date, but not more than one year, the Local Authority will write to staff
informing them of their projected normal retirement date and the process to be
followed should they wish to request to continue working. Any request to remain
in employment beyond the normal retirement date must be submitted to the Head
Teacher, no later than three months before the normal retirement date.


3.3 If the School agrees to the request to continue working, any extension of
employment will normally be for a fixed period of one year. Staff who wish to
work on beyond that fixed period will again have the right to request to remain in
employment and the same process of consideration, as outlined above, will be
followed with any further extensions normally being for a fixed period of one year.
This process will be repeated until actual retirement takes place.



                                                                                    31
3.4 The School will consider all requests from staff to work on beyond the normal
retirement age and any decision reached will take into consideration a number of
factors such as workforce planning requirements, recruitment needs and training
& development needs.


3.5 Staff who are retained beyond the normal retirement date will still be subject
to normal rules regarding all school policies.


3.6 Staff who have their request to work on refused will be entitled to appeal if
they disagree with the decision.


4. Advertising
4.1 There will be no direct or indirect references to age in any recruitment adverts
unless the requirement can be objectively justified. The Personnel and inclusion
sub-committee will monitor and ensure compliance.


5. Recruitment and Selection (Please refer to Local Authority Policy)
5.1 The recruitment & selection process will be based on the skills and ability of
the individual applicant and not their age. All staff involved in recruitment &
selection will receive training to ensure compliance. The recruitment and
selection policy will reflect the need to ensure age does not form part of the
recruitment & selection process.


6. Absence management
6.1 The absence management process will be applied to all staff regardless of
age. Monitoring of absence trends in age groups will take place to ensure that the
absence management process is being fairly applied across all age groups.


7. Performance management
7.1 There is a recognition that age (young or old) can impact on performance.
Issues such as inexperience or difficulty in quickly grasping new technologies can
be as a result of age therefore performance management procedures will be
                                                                                     32
monitored to ensure that disproportionate action is not being taken against any
particular age group.




8. Training and promotion
8.1 Training and promotion opportunities will be available to all staff and in
selecting individuals for training or promotion, the criteria used will be robust
enough to ensure that individuals cannot be excluded as a result of being too
young or too old. Direct or indirect references to age in Performance &
Development Reviews will not be used.


9. Redundancy selection and payments
9.1 Any redundancy selection policy used will be based on objective criteria.


10. Monitoring
10.1 The School will monitor recruitment & selection, access to promotion &
training and the use of procedures such as the disciplinary procedure to ensure
that no particular age group is being unfairly treated on the grounds of their age.


11. Implementation and responsibilities
11.1 Heads of Departments/Line managers are responsible for familiarising
themselves with this policy. They are also responsible for making their staff
aware of the Policy.


11.2 Individual staff are also responsible for familiarising themselves with
this policy.


11.3 Any member of staff who feels his/her Line Manager is not treating him/her
fairly in accordance with this policy should first try to resolve the
matter by discussion. If that fails then he/she should take the matter up with the
Head Teacher.


                                                                                    33
11.4 All students, visitors and colleagues with whom staff come into contact have
a responsibility not to discriminate on the grounds of age. If staff feel that such
discrimination is occurring, and persists the matter should be reported to their line
manager.


11.5 Students who perceive they are being discriminated against on the grounds
of age either by other students or staff or visitors to the school should raise the
complaint with their Head of Year.


11.6 Awareness raising training should be considered for all staff. SLT will be
responsible for ensuring this takes place.


11.7 The Equality, Diversity and Community Cohesion working group will have a
role in monitoring this Policy and its operation including the number of complaints
raised.


(See Age Equality Action Plan 2011-2015)




                                                                                      34
2.6                         Ricards Lodge High School
                     Disability Equality Scheme 2010-2012


1. Introduction
2. Context
3. Vision
4. Actively Involving Disabled People
5. Leadership and Management
6. Gathering Information
7. Monitoring and evaluation.
Appendix 1: Definition of Disability


The school will meet the general and specific duty of the Equality Act 2010 (2.1)


1. Introduction: (please refer to: CDP records, Data manager reports, DIP,
Governor reports, HOD, HOY, Inclusion Team records, Kirkland Rowell, Local
authority reports, SEF, SIMS, Tell us/PASS survey TTR Analysis and Whole
school).


Ricards Lodge High School is firmly committed to promoting, celebrating and
valuing the diversity of all our staff and students. We take seriously our
commitment to equality of opportunity, and seek to challenge and address
discrimination, inequality and stereotyping in all areas, including those associated
with disability.


2. Context
Ricards Lodge High School is an 11-16 comprehensive school for girls with a co-
educational sixth form. We employ approximately 120 staff and have places for
1200 students.


The Learning Support Manager is responsible for the assessment and monitoring
of students with an identified learning need and tailored support is provided.
                                                                                  35
The Educational Inclusion panel meet weekly to review referrals from heads of
year to support students with additional needs. A profile of all students with
additional needs is updated termly. The school has an onsite ARP (additionally
resource provision) for 10 students with speech, language and communication
difficulties. The unit is managed by a dedicated ARP Manager.


Students and their Parents/carers are able to disclose any disability at an
induction interview or to a member of staff at any time. Currently 11% declared a
disability and 4% an additional need.


Staff are asked to disclose any disability on application for employment or to the
Head teacher once in post. The school has a number of resources available to
support a disabled member of staff. Currently 3% declared a disability (1 person
asked for support).


3. Vision
It is the School‟s vision that all staff and students should reach their full potential.
We aim to remove social and environmental barriers experienced by disabled
people by adopting the „social‟ model of disability, addressing attitudes and
behaviours that prevent disabled people from being fully able to participate in
School life. By producing our Disability Equality Scheme we hope to identify
ways to close the gap between the experiences of disabled and non disabled
staff and students.


We want to create an open and welcoming environment where all people feel
valued and respected, and where disabled people will feel more comfortable and
confident in disclosing their disability. The school also seeks to continuously
improve its access, systems and monitoring to ensure that appropriate support
and consideration is given to both disabled students and staff.




                                                                                      36
4. Actively Involving Disabled People
An Equality, Diversity and Community Cohesion Working Group was established
in 2008. It meets 6 times a year and is chaired by a staff Governor. Its
membership includes students and staff with disabilities.


Feedback from these activities will continue to inform our Disability Equality
Objectives.


5. Leadership and Management
The Governors are committed to ensuring that the Disability Equality Scheme is
seen as a school priority and that there is a whole organisational approach. They
are responsible for taking the lead in challenging discriminatory behaviour and
creating a positive, inclusive ethos.


The Senior Leadership Team must ensure they are aware of the School‟s
statutory duties in relation to disability legislation. They will be responsible for
ensuring implementation of the Scheme in their areas of responsibility and for
giving due regard to disability equality.


All staff have the responsibility to ensure that they advance equality of
opportunity, eliminate discrimination harassment, and victimisation and take
account of a disabled person‟s disabilities.


The Equality, Diversity and Community Cohesion working Group will report
regularly to the Governors Curriculum Sub –committee.


6. Gathering information
The School will use information and statistics gathered for staff and students to
determine areas where disability equality needs addressing. We will use
information collected on students to compare the progress made by disabled
students (where they have declared a disability) with non-disabled students.
Areas for which information on disabled learners will be gathered are:
                                                                                       37
          Admissions
          Attendance
          Attainment and Achievement
          Access to Additional Services
          Destinations
          Participation in Enrichment
          Disciplinary action
          Complaints
          Examinations – levels of entry
          Student Surveys


In addition to this we will collect and analyse the following staff data, in order to
determine areas for development:


          Recruitment
          Retention
          Pay and position
          Promotion
          Disciplinary procedures
          Staff Development
          Staff satisfaction surveys
          Exit interviews


Staff awareness needs to be raised about the definition of disability. There is a
possibility that non-disclosure may be due to uncertainty about its effect and also
lack of awareness about the support that may be available.


Action identified as a result of the information-gathering processes will be
included in the DES Action Plan.


                                                                                        38
7. Monitoring and evaluation
The School will strive to ensure that disabled learners and staff are involved in
the processes of monitoring and evaluation.


The 4-year equality objectives will be monitored by the equality, diversity and
community cohesion working group. This progress will be reported to the
Governors and School Council.


Appendix 1


Definition of Disability
The definition of a disabled person under the Disability Discrimination Act covers
people with a wide range of impairments including:


          Physical or sensory impairment
          Mental health difficulties such as depression
          Specific learning difficulties such as dyslexia
          Medical conditions such as Alzheimer‟s, arthritis, cancer


The impairment must have:


          A substantial, adverse effect on a person‟s ability to carry out normal
           day-to-day activities
          Be likely to last for more than 12 months


Normal day-to-day activities include:


          Mobility
          Manual dexterity
          Physical coordination
          Continence

                                                                                     39
         Ability to lift, carry, move everyday objects
         Speech, hearing or eyesight
         Memory or ability to concentrate, learn or understand
         Understanding of the risk of physical danger
There are some special provisions, for example:


         If a person‟s impairment has substantially affected their ability to carry
          out normal day-to-day activities, but doesn‟t any more, it will still be
          counted as having an effect if it is likely to do so again.
         If a person has a progressive condition and it will substantially affect
          their ability to carry out normal day-to-day activities in the future, then
          they will be regarded as having an impairment which has a substantial
          adverse effect on their ability to carry out normal day-to-day activities.
         Cancer, HIV infection and multiple sclerosis are covered from the point
          of diagnosis.
         People who have had a disability in the past but are no longer disabled
          are covered by certain parts of the DDA.


When considering impact on day-to-day activities, the Act says that any
treatment or correction should not be taken into account. This includes medical
treatment or the use of prosthesis or other aid, such as a hearing aid. The only
items which are taken into account are spectacles or contact lenses.


Certain conditions are not considered impairments under the DDA, including:


         Lifestyle choices, such as tattoos and non-medical piercing
         Tendency to steal, set fires, and physical and sexual abuse of others
         Exhibition and voyeurism




                                                                                        40
   Hay fever, if it doesn‟t aggravate the effects of an existing condition
   Addiction to or a dependency on alcohol, nicotine or any other
    substance, other than a substance being medically prescribed.


(see Disability Equality Action Plan 2011-15)
(see Disability Accessibility Plan 2008-10)




                                                                              41
2.7 Gender Equality (To review requirements of Equality Act 2010)

Ricards Lodge High School
Gender Equality Policy and Scheme

1. Introduction 2. Our commitment 3. Marketing and Communications
4. Teaching, Learning and Curriculum 5. Stereotyping and Segregation
6. Recruitment and Selection
7. Career Development and Occupational Segregation
8. Working Hours 9. Maternity, Parental and Caring Responsibilities (sex)
10. Pay 11. Provision for those with dependants 12. Harassment
13. Disciplinary, Dismissal and Grievances 14. Ensuring Equality
15. Monitoring and positive Action
16. Responsibility for The Gender Equality Policy
17. Publicising the School‟s Policy and Progress 18. Complaints
19. Review and Consultation
20. General



1. Introduction (Please refer to: CPD records, Data manager reports, DIP,
Governor reports, HOD, HOY, Inclusion Team records, Kirkland Rowell,          Local
authority reports, SEF, SIMS, Tellus/PASS Survey TTR Analysis and Whole
school).

The school will meet the general and specific duty of the Equality Act 2010. (2.1)


2. Our Commitment
The School celebrates and values the diversity brought to its workforce by
individuals, and believes that the School will benefit from employing both women
and men at all levels of responsibility, and across all areas of work, to provide
role models for all students in whatever area of the curriculum they are
interested. The School will treat all employees with respect and dignity, and seek
to provide a positive environment free from sex discrimination, harassment or
victimisation.
                                                                                    42
The School will seek not only to eliminate sex discrimination, but also to create
learning and working environment based on good relations between women and
men. To this end, the School undertakes to provide diverse, non-stereotypical
images of women and men in any material which it produces for students and
staff.
The aim is to create a positive inclusive ethos where issues of gender
discrimination and stereotyping can be discussed openly, with a shared
commitment to challenging and preventing sexism and sex discrimination, to
respecting diversity and difference, and to encouraging good relations between
genders.


The School will also seek to eliminate unlawful discrimination, harassment and
victimisation and promote equality of opportunity for employees and students
have made their intention known that they are a transgender person or intend to
undergo gender reassignment.

The School acknowledges that the Gender Equality Objectives must be
developed in consultation with students, employees, recognised trade unions and
relevant stakeholders.



3. Marketing and Communications
The School will ensure that the prospectus, website and other general
promotional materials reflect positive images of representative gender groups
and avoids any suggestion of discrimination or stereotyping.


4. Teaching, Learning and Curriculum
If a course has an element of work experience, the School will make every effort
to make arrangements to enable all students to participate. The School will
attempt to ensure that, where it organises placements, students undertaking
these placements do not experience discrimination. Organisations which provide
student placements will be made aware of the School‟s Equality, Diversity and
Community Cohesion Policy and be asked to provide their own. Students who
                                                                                    43
feel they have suffered discrimination or harassment while on a placement
should raise these issues with their teacher or other suitable person so that the
School can then take appropriate steps with the placement provider.


Staff will be encouraged to create a supportive environment free from prejudice,
and harassment. Documents associated with the curriculum such as student
handbooks, teaching materials and internal examination papers should actively
promote the principles of equality and diversity and use a diverse range of case
histories, illustrative examples and models.




5. Stereotyping and Segregation
The School recognises that stereotyped gender roles can be harmful to students
who may feel constrained to behave in ways, and work in areas traditionally
considered appropriate for their sex. These constraints can lead to segregation
between roles, which limit opportunities available to both sexes. Encouragement
and support will be given to students who try to step outside the constraints of
gender stereotypes in any area of the School.


6. Recruitment and Selection
The School will not discriminate on the grounds of sex in the way it recruits and
selects staff.


7. Career Development and Occupational Segregation
All employees shall have equal rights to training, promotion and other aspects of
career development.


The School will assess the impact of its policies and practices on the career
development opportunities of women and men.


The School will analyse monitoring data to assess whether there may be any
adverse impact in terms of recruitment into senior positions and in promotion.
                                                                                    44
In order to promote equality of opportunity, the School will analyse the
composition and pay of the Senior Leadership Team, Middle Leaders, and other
working groups and will take positive action to address any imbalances.


The School recognises that stereotyped gender roles can be harmful to both
women and men, who may feel constrained to behave in ways, and work in areas
traditionally considered appropriate for their sex. These constraints can lead to
occupational segregation between roles, which limit opportunities available to
both sexes. Encouragement and support will be given to staff who try to step
outside the constraints of gender stereotypes in any area of the School‟s work.
In recognition of the constraints of occupational segregation and in acceptance of
the importance of role models for students, the School will also consider the need
to take positive action, where monitoring highlights an imbalance, to increase
numbers of women teaching staff in male-dominated areas and vice-versa.


Equality training programmes will include anti-sexist material, and will have due
regard to the need to break down traditional gender stereotypes.


8. Working Hours
Working time arrangements have a significant impact on the recruitment,
progression and retention of staff with caring responsibilities (of which women
take a disproportionate share). The School will collect information on requests
for flexible working at all levels and all types of jobs.


The School recognises that a disproportionate number of its part-time workers
are women, possibly for reasons related to the greater burden of caring
responsibilities that they bear. The School therefore accepts that any unequal
treatment of part-time workers is likely to have more adverse impact on women
than on men and will closely monitor this potential situation.



                                                                                  45
9. Maternity, Parental and Caring Responsibilities
The School will ensure that all of women‟s maternity rights are met, as are
parents‟ rights to parental leave and adoption leave and the rights of carers. The
School will also monitor to identify complaints made by staff during pregnancy,
staff returning to work after maternity leave (and whether they return to jobs at
the same level of pay and responsibility) and will also assess how many male
staff take up paternity and parental leave.


10. Pay
The School recognises that, despite the Equal Pay Act 1970, a pay gap still
exists nationally between women and men. The School recognises its obligation
to gather information to determine whether a gender pay gap exists in the
School, and if a gap is found the School will seek to identify the causes of that
gap. (The impact of the Equality Act 2010 is under review)


Where barriers to equal pay are identified, the School will give serious
consideration to setting objectives for their removal.


11. Provision for those with dependants
The School recognises that staff are at times likely to have special issues in
relation to childcare and the care of other dependants, and whilst this is likely to
impact disproportionately on women, men too are sometimes affected.            The
School will make every effort to meet the needs of staff with such responsibilities
and to ensure genuine equality of access for all affected staff.


The School will provide support for staff returning after a break caused by caring
responsibilities, and will treat sympathetically requests to job share or to move to
part-time employment for a specified period.


The School will also assess the impact of caring responsibilities on both women
and men, and will consider whether any steps are needed to address any
relevant issues identified.
                                                                                 46
12. Harassment
Harassment on grounds of gender, or gender reassignment are viewed by the
School as very serious offences, which if proven may in certain circumstances
lead to the dismissal of a member of staff or the expulsion of a student. In the
case of harassment, the appropriate staff or student policy will be followed.


The School will take steps to determine the effectiveness of its policies and
improve it where necessary, by monitoring the number of complaints received
and the outcomes, and by reviewing the procedures periodically.


13. Disciplinary, Dismissal and Grievances
The School will ensure that there is no gender discrimination in relation to its
procedures for Disciplinary, Grievances and dismissal of staff.       In particular,
should a redundancy situation occur, it will ensure that gender is not a factor in
the selection of those to be made redundant.


14. Ensuring Equality
The School is committed to working to eliminate gender inequality and
harassment, and to promote equality of opportunity.            The School is also
committed to encouraging changes in individual behaviour and attitudes, and
ensuring equality of opportunity and treatment for women and men.


The School will consider the need to provide gender equality training for its staff
and students, in order to foster a learning and work environment free from the
limitations of traditional views of gender roles and opportunities.


The School believes that a whole-School approach is required to promote gender
equality and will therefore ensure that adherence to the ethos of this gender
equality policy will feature as part of the procurement process in order that
providers of contracted-out services comply with the School‟s standards as
prescribed in this document.


                                                                                 47
15. Monitoring and Positive Action
The monitoring process will be used to analyse the impact of the School‟s
policies and practices, and the extent to which they promote equality of
opportunity between women and men. The process will also help to ensure that
discrimination and harassment on the grounds of sex do not take place in the
School.


To inform the setting of equality objectives and the measurement of progress
towards achieving them, the School will collect and analyse the following
information about gender:


      Staff:
         The sex of employees by grade / salary scale, hours and type of work
          (e.g. management, teaching, support)
         The sex of employees by ethnicity, disability, age, and where possible
          also religion and sexual orientation.
         Job application and selection success rates
         Type of contract (permanent, temporary, agency)
         Rates of requests for flexible working
         Training / staff development
         Promotion
         Return rates from maternity leave, and the roles to which they return
         Pay levels
         Grievances, disciplinary and capability proceedings
         The profile of those with dependants and caring responsibilities
         Satisfaction surveys and exit interviews


The School confirms that monitoring data collated from staff and students will be
anonymous and treated in confidence.       However, the School recognises that
transgender employees may be unwilling to identify themselves as such, due to
concerns of privacy. The School will not place any obligation on staff or students

                                                                                  48
to provide monitoring data; however, the School will inform staff and students of
the importance of such data for the purpose of further improving equality of
opportunity.     No information will be published that will enable an individual
member of staff or learner to be identified.


Once the results of the monitoring and analysis are available, the School will use
the results to inform the setting of equality objectives.      Objectives will be
published.


16. Responsibility For The Gender Equality Policy


Governors
Will be asked to approve the Gender Equality Policy and are responsible for
ensuring that:


          Women and men are given an equal opportunity to be members of the
           Governing body, and in the event of significant under-representation of
           either women or men, the Governors will consider what steps can
           properly be taken to address that under-representation.
          Equality training features as part of the School‟s 3 year Improvement
           plan.
          They are aware of the School‟s responsibilities in relation to sex
           legislation as an employer and service provider.
          They receive and respond to the sex monitoring information on staff,
           students, and the equality objectives.
          The objectives identified are implemented.


Post holders are responsible for ensuring that:




                                                                               49
          The Head, Senior and Middle leaders are responsible for taking the
           lead in creating a positive, inclusive ethos that challenges sexist
           attitudes and behaviour on the part of managers, staff or students.


          They are aware of the School‟s statutory duties in relation to gender
           legislation.
          All aspects of the School‟s policies and activities are sensitive to
           gender issues.
          The procedures for the recruitment and promotion of staff reflect best
           practice in equal opportunities.
          The School‟s publicity and display materials present appropriate
           positive and non-stereotypical messages about gender.
          Staff   and    student   induction   programmes reflect the    School‟s
           commitment to promote equality of opportunity.
          Appropriate training and development is provided to support the
           appreciation and understanding of equality and diversity.


The School Business Manager is responsible for ensuring that:


          Accurate data is collected and monitored.
          Data is analysed and recommendations made regularly to the Senior
           Leadership Team and Governors.
          That the procedures for recruitment and promotion of staff reflect best
           practice in equal opportunities.


Staff are responsible for ensuring that:


          They are aware of the School‟s statutory duties in relation to sex
           legislation.
          Their schemes of work, lesson content and teaching resources
           demonstrate sensitivity to issues of equality.

                                                                                 50
           They challenge prejudiced and discriminatory behaviour by students,
            work experience providers, outside contractors or other members of
            staff whenever practicable.
           The School and each of its individual staff confront sexism, whether
            witting or unwitting, whenever it occurs.


Students are responsible for ensuring that:


           They do not demonstrate any discriminatory behaviour towards staff,
            students or anyone else in the School, or when representing the
            School at work experience, sporting events or visits.


17. Publicising the School‟s Policy and Process


To the public:
           All equality policies and objectives will be published on the school web-
            site.
           Our     commitment   to   equality   will   be   highlighted   in   all   our
            communications.
           A copy of the relevant information will be given to New Schools to
            ensure that the contractors meet the School‟s standards and
            expectations in terms of gender equality.
           The Governors Personnel Committee sub-committee will receive
            feedback on the progress of equality objectives.


To staff:
           All staff will have access to a full copy of the policy on Fronter and the
            school web-site.
           The staff induction programme will highlight the School‟s commitment
            to gender equality, action to be taken by staff who suffer discrimination



                                                                                       51
           and the action to be taken against any perpetrators of such
           discrimination.


To Students:
          All students will have access to a full copy of equality, diversity and
           community cohesion statement in their planner.
          The    student    induction   programme    will   highlight     the   School‟s
           commitment to gender equality, action to be taken by students who
           suffer discrimination and the action to be taken against any
           perpetrators of such discrimination.


18. Complaints
The School will seek to provide a supportive environment for staff and students
who make claims of discrimination or harassment.


Acts of sex discrimination (direct or indirect), harassment, victimisation or abuse
will be treated as a serious disciplinary offence.


Staff or students who feel they are being discriminated against of the grounds of
gender     by    others   should    raise   the   matter     under   the     appropriate
complaints/grievance or Harassment Procedure, which will, if the accusation is
upheld, be treated as a serious disciplinary offence.


If, in the course of their work, School staff suffer sex discrimination from
members of the public, the School will take appropriate action and provide
appropriate support.


19. Review and Consultation
The Governors Personnel Sub-Committee and the EDCC Working group will
review this policy on a regular basis in accordance with legislative developments
and the need for good practice.


                                                                                       52
As part of the review the EDCC Working group will seek and take into account
the views of stakeholders including the consultation / negotiating arrangements
within the School, and appropriate equality bodies.


20. General
This policy should not be read in isolation, but cross-referenced with all relevant
School policies.



(See Gender Equality Objectives 2011 – 2015)




                                                                                53
2.8 Gender Reassignment
Ricards Lodge High School Gender Reassignment Policy (May 2010)

1.    Introduction
2.    Aims
3.    Responsibilities
4.    What is Gender Reassignment?
5.    How is Gender Transition Achieved?
6.    What is Gender Recognition?
7.    What legislation protects Transgender People?
8     What is „Discrimination on Grounds of Gender Reassignment‟?
9.    Students
10.   Supporting Employees
11.   Supporting Students
12.   Transition Action Plan
13.   Use of single sex facilities
14.   Media Interest
15.   Sickness and Absence
16.   CRB Checks
17.   Certificates
18.   Pre-employment
19.   Implementation and responsibilities
20.   Review


The school will meet the general and specific duty of the Equality Act 2010. (2.1)


1.0   INTRODUCTION


1.1   This policy has been formulated to provide general guidance and policy
      advice to staff, students and managers about transgender and gender
      reassignment issues.



                                                                                 54
1.2   This policy applies to all stakeholders


1.3   This strand of the Policy is largely based on the best practice policy of
      University of Warwick, Human Resources Department, accessed May
      2010.
      (www2.warwick.ac.uk/.../newpolicies/gender_reassignment_policy.doc)


2.0   AIMS


2.1   Ricards Lodge High School is committed to being a fair and inclusive
      employer and will not discriminate against an applicant, employee or
      student who is considering, undergoing, or who has undergone, gender
      reassignment.


2.2   Transgender staff and students are entitled to be treated with respect and
      permitted to perform their roles free from harassment and unfair
      discrimination. The school views harassment or discrimination against any
      student or member of staff on any grounds as a serious disciplinary
      offence.


2.3   We are committed to complying with relevant legislation and codes of
      practice as a minimum benchmark. Wherever possible we strive to
      exceed legislative requirements by developing policies and procedures
      hat help us to achieve our aim of being a working environment that is fair
      and supportive to individual needs and one which it expects all staff and
      students to be treated with fairness, dignity and respect.




3.0   RESPONSIBILITIES


                                                                                  55
3.1       All members of staff are responsible for helping to ensure that individuals
          do not suffer any form of discrimination as a result of their gender
          reassignment, and that they are supportive of individual needs. Every
          person working for the School will be accountable for the operation of
          this policy as they carry responsibility for their own behaviour and actions,
          on and off site during working hours or any activity associated with their
          employment or studies.


3.2       All staff in a managerial position are responsible for seeking to prevent any
          infringement of the policy amongst the staff for which they are responsible
          and taking action where appropriate.


3.3       The school will be responsible for providing training on this policy.


4.0       WHAT IS GENDER REASSIGNMENT?


4.1       There are a small number of people in the United Kingdom whose gender
          identity does not match their appearance and/or anatomy. This is
          sometimes called gender dysphoria or gender identity disorder. People
          with this medical condition who decide to adopt the opposite gender to
          the one assigned at birth are known as „transgender people‟. Medical
          treatment to enable transgender people to alter their bodies to match
          their gender identity is highly successful. The process is known
          medically as „gender reassignment‟. Transgender also includes
          persons living in their new gender, but who have elected for personal
          reasons not to undergo surgical treatment.


         Have received gender recognition under the Gender Recognition Act 2004




                                                                                       56
5.0       HOW IS GENDER TRANSITION ACHIEVED?


5.1       Diagnosis of being transgender may take a matter of months or a period
          of years. Transition is achieved by the person undergoing gender
          reassignment. The process consists of counselling, followed by medication
          to alter the body and physical characteristics. During the early part of the
          medical process it is possible the individual may display characteristics of
          both genders. The final stage for some individuals is to undergo surgery.
          Not all persons going through gender reassignment undergo surgery, it is
          a personal choice and not a key criterion in the process of definition to
          gender change.


5.2       Being transgender is not the same as, and should not be confused with,
          „cross dressing‟, transvestism, or sexual orientation. Being transgender
          is not a life style choice, nor a facet of sexual orientation, nor a disease.


6.0       WHAT IS GENDER RECOGNITION?


6.1       The Gender Recognition Act 2004 allows transgender people (who are
          able to satisfy the necessary evidential requirements) to apply for full legal
          recognition in their acquired gender, following a successful application, by
          issuing them with a Gender Recognition Certificate, the law regards the
          transgender person, for all purposes, as being of their acquired gender.


The Equality Act 2010 protects individuals because of gender reassignment
where they:
         Make their intervention known to someone (it does not matter who this is)
         Start or continue to dress, behave or live (full or part time) according to the
          gender they identify with as a person
         Undergo treatment referred to gender reassignment, such as surgery or
          hormone therapy, or
                                                                                          57
         Have received gender recognition under the Gender Recognition Act 2004




7.0       WHAT LEGISLATION PROTECTS TRANSGENDER PEOPLE?


7.1       Sex Discrimination Act 1975 (SDA) (Gender Reassignment Regulations
          1999). The Act says that it is unlawful for an employer to discriminate
          against an employee, job applicant or contractor on the grounds of that
          person‟s gender reassignment. The Act covers recruitment, transfer,
          training and promotion, access to work-related benefits, facilities and
          services, dismissal, and any other detriment. It is also unlawful for an
          employer to instruct someone else to do something discriminatory – for
          instance, telling an employment agency not to hire a transgender person.
          Pressure to discriminate is also unlawful – for example employees
          threatening not to work unless their employer dismisses a colleague who
          has decided to undergo gender reassignment.


8.0       WHAT IS „DISCRIMINATION ON GROUNDS OF GENDER
          REASSIGNMENT‟?


          The Equality Act 2010 protects individuals because of gender
          reassignment where they:
             Make their intervention known to someone (it does not matter who this
              is)
             Start or continue to dress, behave or live (full or part time) according to
              the gender they identify within a person
             Undergo treatment referred to gender reassignment, such as surgery
              or hormone therapy




                                                                                       58
8.1    Discrimination in this context means treating a transgender person less
       favourably than you treat (or would treat) another
       applicant/employee/student who is not undergoing gender reassignment
       (or contemplating it etc), this includes harassment and victimisation.


8.2    Complaints from staff relating to Harassment and Bullying on grounds of
       gender reassignment will be dealt with under the Harassment and Bullying
       policy.




9.0    STUDENTS


9.1    Complaints from students relating to Harassment and Bullying on grounds
       of gender reassignment will be dealt with under the Anti Bullying Policy.


10.0   SUPPORTING EMPLOYEES


10.1   An employee going through the process of gender reassignment can seek
       support from their line manager or School Business Manager. Self
       referrals can also be made to the Merton Employee Assistance
       Programme. It is a matter of personal choice as to who should be
       contacted, but it is recommended that the contact person works with the
       employee to agree an action plan to cover the period of their transition. It
       is imperative that confidentiality is maintained at all times, for staff who
       may be undergoing transition or have in the past undergone gender
       reassignment.


10.2   All members of staff should try to refer to the transgender person by their
       new name and use pronouns appropriate to their new gender role.


                                                                                      59
10.3   If a member of staff or student has disclosed that they are transgender or
       intend to undergo gender reassignment it is unlawful to disclose their
       transgendered status without their consent.




11.0   SUPPORTING STUDENTS


11.1   A student who had disclosed being transgender or going through the
       process of gender reassignment can seek support from their Head of Year
       or Inclusion team. Self referrals can also be made to the School‟s
       Counselling service. It is a matter of personal choice as to who should be
       contacted, but it is recommended that the contact person works with the
       student to agree an action plan to cover the period of their transition. It is
       imperative that confidentiality is maintained at all times, for students who
       may be undergoing transition or have in the past undergone gender
       reassignment.


11.2   All members of the school staff should try to refer to the transgender
       person by their new name and use pronouns appropriate to their new
       gender role.


11.3   If a student has disclosed being transgender in a possession of a gender
       recognition certificate it is unlawful to disclose their transgender status
       without their consent.


12.0   TRANSITION ACTION PLAN


12.1   The student and parent or employee and their main contact should write
       an action plan together (see Appendices A and B) for managing the
       transition to the opposite gender from the one assigned at birth, whilst
       they are at the school. This will include agreeing dates of transition and

                                                                                      60
       communication plans, the school being guided at all times by the
       individual‟s preferences. Under no circumstances should any
       communication or actions be taken without the explicit consent of the
       individual. These action plans, together with any other notes of the
       meeting, must be kept strictly confidential in the individual‟s personnel file
       or student file, as appropriate. After a person has successfully
       transitioned into their new gender role, or obtained a gender recognition
       certificate, these records should be destroyed.


13.0   USE OF SINGLE SEX FACILITIES


13.1   The action plan will agree the point at which the use of facilities such as
       changing rooms and toilets should change from one sex to the other. A
       transgender employee should not be invited to use disabled toilet facilities,
       nor facilities of their former gender.


14.0   MEDIA INTEREST


14.1   Staff and students are advised to maintain strict confidentiality and not
       provide any information. Any media queries should be addressed to the
       Head Teacher, who will seek advice from the LA.


15.0   SICKNESS AND ABSENCE


15.1   In putting together the transition action plan the time the student or
       employee will need in order to undergo gender reassignment treatment
       should be discussed. When the individual is absent for treatment or
       surgery then normal sick pay arrangements or absence arrangements
       should apply (Check new details in Equality Act 2010). The normal
       policy for medical appointments should also apply, flexibility should be
       offered in taking holiday or rearranging working hours or academic
       commitments in order to attend medical appointments. A fit note will be
                                                                                     61
       required, but the sick note does not need to state the procedures
       performed.


15.2   For the individual, living with transgenderism produces similar personal
       responses to those associated with any other life-altering condition, which
       will naturally lead to some individuals suffering stress. However once the
       issues are identified and gender reassignment commences, such
       problems are usually resolved


16.0   CRB CHECKS


16.1   The CRB has developed a separate application procedure, which allows
       transgender applicants to exclude previous names from the Disclosure
       Application form. However, applicants will still be required to send details
       of their previous identity in a separate letter directly to the „Sensitive
       Casework Team‟.


17.0   CERTIFICATES


17.1   Under review




18.0   PRE-EMPLOYMENT


18.1   Individuals who have already adopted their new social gender have no
       obligation to inform the school of their change. Job applicants and
       interviewees should not be asked their transgender status.


19.0   IMPLEMENTATION AND RESPONSIBILITIES




                                                                                    62
19.1   Heads of Departments/Line managers are responsible for familiarising
       themselves with this policy. They are also responsible for making their
       staff aware of the Policy.




19.2   Individual staff are also responsible for familiarising themselves with
       this policy.




19.3   Any member of staff who feels his/her Line Manager is not treating him/her
       fairly in accordance with this policy should first try to resolve the
       matter by discussion. If that fails then he/she should take the matter up
       with the Head Teacher.




19.4   All students, visitors and colleagues with whom staff come into contact
       have a responsibility not to discriminate on the grounds of gender
       reassignment. If staff feel that such discrimination is occurring, and
       persists the matter should be reported to their line manager.




19.5   Students who perceive they are being discriminated against on the
       grounds of gender reassignment either by other students or staff or visitors
       to the school should raise the complaint with their Head of Year or
       Inclusion team.




19.6   Awareness raising training should be considered for all staff. SLT will be
       responsible for ensuring this takes place.




                                                                                   63
19.7   The Equality, Diversity and Community Cohesion working group will have
       a role in monitoring this Policy and its operation including the number of
       complaints raised.




20.    Review of the policy

       This Policy will be subject to annual review by the Equality, Diversity and
       Community Cohesion Working Group.




       (See Gender Reassignment Equality Objectives 2010-2015)




                                                                                     64
                                                                 APPENDIX A



Example of Action Plan to support staff



Action Plan to support staff transitioning gender



Does the employee feel comfortable continuing in their current role? Are
there any temporary or permanent changes to the role which should be
considered to support the employee? (Considerations should include
security aspects such as lone working, night working.)



What is the expected timescale of the medical and surgical procedures, if
known?



Is any time off required for medical treatment? If so how will this be dealt
with?



What will the employee‟s new title and name be?



When do they wish to start using this name and title? Will there be any
phasing?




When do they wish to start dressing and presenting as their acquired
gender? Again will this be phased? (This may not necessarily be the same
date as above.)



Are there any dress codes which need to be considered? (Do new uniforms

                                                                               65
need to be ordered?)



When does the employee wish to use toilet and changing facilities
appropriate to their acquired gender? Please note disabled toilets should
not be suggested as an

alternative.




When, how and which Human Resources records and or systems will need
amending?




When and how should colleagues be informed of the transition?

Is there any education material which could be used?



If this action plan is not drawn up with input from line manager/and or
Human Resources consider how and when they might need to be involved.




If any bullying or harassment occurs how will it be dealt with?



Actions Agreed




Date of next meeting



                                                                  APPENDIX B
                                                                            66
Example of Action Plan to support students



Action Plan to support students transitioning gender



Does the student feel comfortable continuing with their current School?
Are there any temporary or permanent changes to the student‟s experience
and obligations which should be considered to support the student?
(Consider security aspects.)



What is the expected timescale of the medical and surgical procedures, if
known?




Is any time off required for medical treatment? If so how will this be dealt
with?




What will the student‟s new title and name be?




When do they wish to start using this name and title? Will there be any
phasing?




When do they wish to start dressing and presenting as their acquired
gender? Again will this be phased? (This may not necessarily be the same
date as above.)




                                                                               67
Are there any dress codes which need to be considered?



When does the student wish to use toilet and changing facilities
appropriate to their acquired gender? Please note disabled toilets should
not be suggested as an alternative.



When will staff be informed and what records and or systems will need
amending?



When and how should other students be informed of the transition?

Is there any education material which could be used?



If any bullying or harassment occurs how will it be dealt with?



Actions Agreed




Date of next meeting




                                                                            68
ADDITIONAL INFORMATION ABOUT GENDER REASSIGNMENT

What does the legislation say about medical treatment?

Individual rights under the Disability Discrimination Act 1995 must be considered
where the individual has been diagnosed as suffering from „Gender Dysphoria‟ or
„Gender Identity Disorder‟ and the condition in likely to last for more than twelve
months, lasted twelve months or will remain with the individual for the rest of their
life.



Data Protection Act 1998 (DPA)

Under the Data Protection Act 1998, being transgender and gender reassignment
would constitute „sensitive data‟ for the purposes of the legislation. It can only be
processed for certain specified reasons set out in the Act.



Section 8 Asylum and Immigration Act 1996

Since May 2004 a potential employer must see an applicant‟s proof of identity
and right to work in the UK. This includes a UK/EEC passport or a full birth
certificate and a P45, P60, National Insurance card or a letter from a Government
agency. Some transgender people may not have any identification documents in
their acquired gender, and may have to disclose their transgender identity. It is
therefore important that this information is kept confidential.



What is the legal status of transgender people?

The Gender Recognition Act 2004 allows transgender people (who are able to
satisfy the necessary evidential requirements) to apply for full legal recognition in
their acquired gender. Following a successful application the law regards the
transgender person, for all purposes, as being of their acquired sex, they can
marry and be provided with a new birth certificate all using the acquired gender.




                                                                                   69
The Equality Act 2010 protects individuals because of gender reassignment
where they:
      Make their intervention known to someone (it does not matter who this is)
      Start or continue to dress, behave or live (full or partime) according to the
       gender they identify with as a person
      Undergo treatment refered to gender reassignment, such as surgery or
       hormone therapy, or
      Have received gender recognition under the Gender Recognition Act
       2004.


Record Keeping

All documents, public references (such as telephone directories, prospectuses,
web biographies) and employment details should be changed, in agreement with
the individual, to reflect their acquired gender. Where documents have been
seen and copies taken at the point of starting employment (such as a birth
certificate) then every effort should be made to replace those with equivalent
documents in the new name and gender. In some instances, however, it may be
necessary to retain records relating to an individual‟s identity at birth, for
example, for pension or insurance purposes prior to obtaining gender recognition.
However, once a person has obtained a Gender Recognition Certificate then
these MUST be replaced with new details and there must be no disclosure of this
previous information. Access to records showing the change of name and any
other details associated with the individual‟s transgender status, (such as records
of absence for medical treatment) must be restricted strictly to staff who need the
information to do their work. Breaches of confidentiality will be treated in a
serious manner and may result in disciplinary action.




                                                                                   70
References and certificates

References for transgender people should be given without hinting that the
person has had a change of gender. The action plan should also cover how
evidence of professional status or qualifications should be retained on file, if for
example the certificates are in the original name.


Insurance
Underwriters should be asked if they need to be informed of a transgender
employee‟s status. Should this information be required the employee should give
written consent before this information is disclosed. If this information has not
been disclosed to the Head Teacher or School Business Manager it is the
responsibility of the employee who has undergone reassignment to disclose this
information. Failure to disclose may invalidate cover and may lead to personal
liability. An employee should inform insurers, if they require the information, in
confidence, in the following cases of group insurance policies:-
a) Group life assurance
b) Group personal accident insurance (Ricards Lodge has an Insurance for staff
to use cars on school business)


This requirement does not apply if the person has a gender recognition
certificate.


Pensions
There are a number of alternative ways that an individual‟s pension history can
be dealt with. The Pensions Manager should therefore be contacted to determine
the most suitable approach in consultation with the individual. Survivor benefits
will be determined by the marriage relationship or civil partnership of the
individual as opposed to the individual‟s legal gender.




                                                                                       71
Sources of useful information

The Gender Trust                   www.gendertrust.org.uk



The trust is recognised as an authoritative centre for professional people who
encounter gender identity related issues in the course of their work.



Transgender Zone                   www.transgenderzone.com

Support for transgender persons.

Press for Change                   www.pfc.org.uk

Press for Change is a political lobbying and educational organisation, which
campaigns to achieve equal civil rights and liberties for all transgender people in
the United Kingdom through legislation and social change.




                                                                                  72
2.9 Marriage and Civil Partnership
Ricards Lodge High School Marriage and Civil Partnership Policy (April
2011)

1. Introduction
2. Gender Recognition
3. Rights and Responsibilities
4. What does the law say about discrimination?
5. What can I do if I think I've been discriminated against?

The school will meet the general and specific duty of the Equality Act 2010 (2.1).

1. Introduction

The Equality Act 2010 replaced all previous anti-discrimination legislation and
consolidated it into a single Act, making it unlawful to discriminate against
someone because they are married or are registered as a civil partner.
The law states that all men and women of marriageable age have the right to
marry and start a family. In 2002 the European Court of Human Rights ruled that
this right extends to transsexual people who are able to marry or enter a civil
partnership in their acquired gender because of the Gender Recognition Act
(2004).

2. Gender Recognition

The Gender Recognition Act does not allow a full Gender Recognition Certificate
to be issued where there is such a pre-existing marriage. The Act instead allows
for the issue of an „Interim‟ Gender Recognition Certificate. An Interim Gender
Recognition Certificate does not confer legal recognition of the applicant‟s
acquired gender. However, it does create a rapid means for the applicant‟s
marriage to be dissolved, whereupon full legal recognition follows. In principle,
following the legal recognition, the former spouses are then able to contract a
civil partnership (or marriage) as appropriate for their respective legal genders.
Special court rules allow for the complete process (dissolution, recognition, new
partnership) to be completed within the space of hours on the same day –
although local magistrates and registrars may need to be made familiar with the
correct procedure to follow. This is the only known example where the law
requires someone to forgo one right (the right to remain married to their partner)
in order to access another (the right to private life afforded by the Gender
Recognition Act). This anomaly has led to some transsexual people deciding not
to use the Gender Recognition process, as they argue their marriage vows were
for life and they object to the idea that their partner (by remaining with them and
true to those vows) would be unfairly treated by dissolving the original bond.
                                                                                 73
3. Rights and Responsibilities

Since the introduction of the Civil Partnership Act (2004) same sex couples have
had similar legal rights and responsibilities to married heterosexual couples. A
civil partnership allows same sex couples to have their relationship legally
recognised. Once a civil partnership occurs between a same sex couple, they are
entitled to receive similar treatment and benefits as that of any married couple.
During 2009 same sex couples formed 6,281 civil partnerships in England and
Wales. The Equality Act 2010 means that couples who register as a civil
partnership now have the same rights as heterosexual married couples in the
following areas:
tax
social security
inheritance
workplace benefits (such as pensions)
hospital visiting
income-related benefits, tax credits and child support
their duty to provide reasonable maintenance for their civil partner and any
children of the family
ability to apply for parental responsibility for their civil partner's child
inheritance of tenancy agreements
immigration and nationality issues.

4. What does the law say about discrimination?

The Equality Act 2010 applies to all employers, private and public sector
vocational training providers, universities, colleges, trade unions, professional
organisations, employer organisations, trustees and those providing goods or
services.

The Act makes it unlawful to:

discriminate directly against anyone because they are married or registered as
a civil partner
indirectly discriminate against someone because they are married or registered
as a civil partner
victimise someone because they have made or intend to make a complaint
refuse to offer someone goods or services because they are married or
registered as a civil partner
have policies which put people at a disadvantage because they are married or
registered as a civil partner. An example would be an employment policy that
restricts employment benefits to married couples only.
                                                                                    74
What are organisations required to do?

Employers have a legal duty to maintain confidentiality about an employee‟s
sexual orientation if they do not want it disclosed. An employee‟s sexual
orientation should not be revealed or implied by inappropriate disclosure of their
status, and employers should not force staff to identify themselves as either
married or in a civil partnership.

In most situations there should be no need for separate identification, because
the benefits given to civil partners and married people is the same. However,
some employers may want to record data for diversity monitoring. In either case,
any data which is held should be held confidentially and securely so that no one's
status can be inappropriately disclosed or deduced, and procedures to access
benefits should be similarly secure. There is no legal duty for employees to
inform their employer of registration of a civil partnership.

All policies, guidance, forms and other material should reflect the new
arrangements and make clear that wherever 'spouses' and 'marriage' are used it
includes 'civil partners' and 'civil partnerships'.
Any occupational pension schemes should give the same benefits to civil
partners as to widows and widowers. This includes survivor pensions, flexible
working, statutory paternity pay, paternity and adoption leave, health insurance or
time off before or after marriage registration.

Organisations should ensure that policies and procedures meet current
legislative requirements. Staff should be made aware (through training, notice
boards, circulars, contracts of employment, etc.) that it is unacceptable to
discriminate or victimise someone on the grounds of their civil partnership or
marriage.

5. What can I do if I think I've been discriminated against?

If you feel you've been discriminated against there are a number of things you
can do:

talk to your line manager
use the school‟s grievance procedure
bring a complaint to an employment tribunal
report the problem to the Equality and Human Rights Commission
contact Acas (Advisory, Conciliation and Arbitration Service).




                                                                                 75
2.10 Pregnancy and Maternity
     Ricards Lodge High School Pregnancy and Maternity Leave Policy &
     Procedure for Staff
     (Students refer to Policy for Supporting and Managing Teenage
     Pregnancy and young Mothers)



     1.     Policy
     2.     Maternity Provision
     2.1    Entitlement
     2.2    Maternity Leave Period
     2.3    Maternity Pay
     2.4    Keeping in Touch Days
     2.5    Contact during Maternity Leave
     2.6    Cover during Maternity Leave
     2.7    Risk assessment
     2.8    Ante-natal appointments
     2.9    Recourse to Grievance Procedure
     3.     Maternity Procedure
     3.1    Notification
     3.2    Grant of leave
     3.3    Benefits during leave
     3.4    Notification of return to work
     3.5    Non-return to work
     3.6    Repayment
     3.7    Return to work
     3.8    Fixed Term Contracts and Maternity Leave
     3.9    Statutory entitlements on return to work
     3.10   Other Family-Related Leave




                                                                     76
The school will meet the general and specify duty of the Equality Act 2010
(2.1)


1. Policy
Please refer to Family Support Provision Policy (Appendices 4.9)


2. Maternity Provision
Please refer to Family Support Provision Policy (Appendices 4.9)


2.1 Entitlement
Please refer to Family Support Provision Policy (Appendices 4.9)


2.2 Maternity Leave Period
Staff may apply for Maternity leave consisting of:


2.3 Maternity Pay
Please refer to Family Support Provision Policy (Appendices 4.9)


2.4 Keeping in Touch Days
A member of staff may, with the agreement of her Head Teacher, carry out up to
10 days' work during her statutory maternity leave period without bringing her
maternity leave to an end. In accordance with legislation, any work carried out on
any day shall constitute a full day's work. This provision does not apply during the
two week period commencing on and including the day on which childbirth
occurs.


Work means any work done under the contract of employment and may include
training, attending meetings and committees or any activity undertaken for the
purposes of keeping in touch with the workplace.


It should be noted however, that this provision does not confer any right on the
School to require any work to be carried out during the statutory maternity leave
                                                                                   77
period, nor any right on a member of staff to request work during this period.
Also, there is no obligation on either the School or the member of staff to make
use of these days.
Any days' work carried out will not have the effect of extending the total statutory
maternity leave period.


2.5 Contact during Maternity Leave
Reasonable contact between the school and the member of staff on leave is
encouraged to facilitate communication. Under legislation, either party is entitled
to initiate this during the maternity period (for example to discuss the member of
staff's return to work or potential work related issues that may concern them) and
such contact will not bring the maternity period to an end. Before leave begins,
the Head Teacher will make an appointment to meet the member of staff and
their relevant line manager to facilitate a smooth transition into maternity leave.


2.6 Cover during Maternity Leave
Cover will be provided.


2.7 Risk assessment
Risk assessments of working environments in the school are routinely carried out
in order to be able to protect the safety of mother and child for any member of
staff who may become pregnant. Should her working environment or her duties
pose a threat to her health and safety, her duties will be modified or alternative
work of a suitable nature will be found for her. Should this not be possible she will
be suspended from work on full pay on medical grounds.


2.8 Ante-natal appointments
A member of staff will be entitled to time off with pay in order to attend ante-natal
appointments. The School may require her to produce an appointments card
from her clinic.



                                                                                      78
2.9 Recourse to Grievance Procedure
A member of staff who is dissatisfied with any decision made in respect of her
maternity rights will have recourse to the relevant grievance procedure.
3. Maternity Procedure

3.1 Notification
Please refer to Family Support Provision Policy (Appendices 4.9)

3.2 Grant of leave
Please refer to Family Support Provision Policy (Appendices 4.9)

3.3 Benefits during leave
Please refer to Family Support Provision Policy (Appendices 4.9)

3.4 Notification of return to work
Please refer to Family Support Provision Policy (Appendices 4.9)

3.5 Non-return to work
Please refer to Family Support Provision Policy (Appendices 4.9)

3.6 Repayment
Please refer to Family Support Provision Policy (Appendices 4.9)

3.7 Return to work
A member of staff may request flexible working. If a member of staff wishes to
discuss any change in working arrangements on her return to work following
maternity leave, she should contact the Head Teacher at the earliest opportunity
and, where possible, not later than eight weeks before she returns to work. Any
agreement to a change in working arrangements (e.g. to work part time) will be
considered by the school governors on the basis of the operational requirements
of the department.


On return to work the Head Teacher will make an appointment to meet the
member of staff and their relevant line manager to facilitate a smooth return to
work including a briefing on current school priorities.
                                                                                   79
3.8 Fixed Term Contracts and Maternity Leave
Please refer to Family Support Provision Policy (Appendices 4.9)

3.9 Statutory entitlements on return to work
Please refer to Family Support Provision Policy (Appendices 4.9)

3.10 Other Family-Related Leave (Adoption /Paternity Leave)
Please refer to Family Support Provision Policy (Appendices 4.9)



Equality, Diversity and Community Cohesion Working Group to develop action
plan 2010/2011.




                                                                             80
POLICY FOR SUPPORTING AND MANAGING TEENAGE PREGNANCY AND
YOUNG MOTHERS AT RICARDS LODGE HIGH SCHOOL



Introduction


Britain has the highest teenage pregnancy rate in Western Europe. The rate in
Merton is slightly higher than the average in England.


The borough has a target to get more teenage parents into education, training or
employment to reduce the risk of long term social exclusion.


Ricards Lodge has always aimed to keep our pregnant pupils and school age
mothers on roll and following an appropriate learning programme.


Responsibilities

The Educational Inclusion Manager and Team

      Oversees, implements and monitors the policy.
      Liaise with outside agencies including the teenage pregnancy adviser to
       ensure appropriate support can be offered to the young person.
      Sets up a system to monitor the educational outcomes for students who
       become pregnant.
      Provides guidance and information for colleagues
      Ensure the pregnant teenager has access to the relevant information,
       support and advice.
      Organise an individual Programme with regular and, where appropriate,
       reintegration package.




                                                                                 81
HOYs

      When a girl is identified as pregnant, the HOY will take responsibility for
       overseeing her needs in school and will lead on to providing information
       and advice to colleagues.
      Liaise with parents or carers.
      Monitor the student‟s performance, attendance etc.
      Request intervention of other outside agencies, through the Inclusion
       Team
      Maintain records.
      Monitor the Support Programme.


Procedures


      When a young person is identified as pregnant, the information should be
       quickly communicated to the inclusion team, inclusion panel and HOY.
      If the family are unaware of the pregnancy, the young person should be
       encouraged and, if necessary, helped to tell their parents/carer.
      The young person should be given information about services in the area
       and encouraged to see the school nurse, the Family Planning Service or
       their own GP.
      The Teenage Pregnancy Adviser should be informed by the Educational
       Inclusion Team.
      If the young person decides to continue with the pregnancy, an individual
       Programme will be organised to plan how the student‟s safety and
       educational programme will be managed. It will be regularly reviewed.
      The student will stay in school for as long as she is able to manage and
       has medical permission to be there. She may return as soon as such
       permission is also given.
      The student is entitled to 26 authorised absence.
      There are no facilities for child care within the school and arrangements
       must be made by the family supported by outside agencies.
                                                                                     82
      Absences for ante-natal classes and other medical appointments will be
       authorised.
      The HOY/ Inclusion Team will meet regularly with the student to monitor
       that her needs are being met.
      If the young person goes on to an alternative educational programme, she
       remains on roll and the Educational Inclusion team will endeavour to keep
       in touch with progress and plan any reintegration.
      If the student is out of school for health reasons during the pregnancy, the
       school will provide and mark work.


Confidentiality


      Teachers are unable to offer young people unconditional confidentiality but
       should follow the school Child Protection guideline.
      Pupils should be encouraged to tell their parents or carers about a
       possible pregnancy.
      The school nurse can offer medical confidentiality and may provide the
       student with a „safer‟ place to discuss her condition. She can also offer
       one to one support and access to other medical services.
      Support services should also be offered to a young person who has had a
       termination or is considering one.


Child Protection


      Referrals will be made to Social Services and the Police if the pregnancy
       is the result of abuse or criminal activity or if the young person is
       vulnerable and may put herself or baby at risk.
      If there are other lower level concerns about the young person or the
       family, the school will call a CAF meeting.




                                                                                   83
                 RICARDS LODGE HIGH SCHOOL



 POLICY FOR SUPPORTING AND MANAGING THE EDUCATIONAL
    PROGRAMMES OF PREGNANT STUDENTS AND YOUNG
                       MOTHERS




Date:      February 2010

Next Review:    2012


                                                  84
2.11 Race Equality
1. Introduction 2. Roles and Responsibilities 3. Provision
4. Monitoring of Provision 5. Addressing and Reporting Racial Incidents
6. CPD 7. Parents, Governors and Community Partnerships
8. Staff Recruitment and Career Development 9. Review of Policy


The school will meet the general and specific duty of the Equality Act 2010. (2.1)


1. Introduction:
Ricards Lodge High School is committed to the promotion of equal opportunities
and good race relations. We are committed to ensuring that all staff and students
reach their potential. We value all people, regardless of age, disability, gender,
marriage and civil partnership, pregnancy and maternity, race, religious belief,
sex, sexual orientation. We see our diversity as a strength and something to
celebrate. We are firmly opposed to racism, and committed to the elimination of
any unlawful racial discrimination. We take active steps to promote/advance good
relations between people of different racial groups and will ensure that our race
equality policy is followed.


2. Roles and Responsibilities:


Governing Body
The Governors are responsible for:


       Making sure the school complies with the amended Race Relations Act
        1976; Equality Act 2010.
       Making sure the race equality policy and its procedures are followed.
       Knowing and abiding by the equality and diversity statement




                                                                                     85
Headteacher
The Headteacher is responsible for:


           Promoting the equality and diversity statement
           Making sure the race equality policy is readily available and that the
            governors, staff, students and their parents/carers know about it;
           Making sure the race equality policy and its procedures are following;
           Producing information for staff and governors about the policy and how
            it is working and providing training if necessary;
           Making sure all staff know their responsibilities and receive training and
            support in carrying these out; and
           Taking appropriate action in cases of racial harassment and racial
            discrimination and reporting on those termly to the LA and Governing
            Body.


All staff
All staff are responsible for:


           Knowing and understanding the equality and diversity statement
           Dealing with racist incidents and being able to recognise and tackle
            racist bias and stereotyping and reporting such incidents to their senior
            line manager for further action and reporting to the LA.
           Promoting equal opportunities and good race relations and avoiding
            discrimination against anyone for reasons of race, colour, nationality or
            ethnic or national origins; and
           Keeping up to date with the law on discrimination and taking up training
            and learning opportunities.




                                                                                     86
All students
All students are responsible for:


          Knowing and understanding the equality and diversity statement.
          Promoting equal opportunities and good race relations and avoiding
           discrimination against anyone for reasons of race, colour, nationality or
           ethnic or national origin.
          Reporting any actual or suspected incidents of racial abuse or
           harassment to a member of staff.


All community partners
All visitors are responsible for:
          Knowing and abiding by the equality and diversity statement.


3. Provision
          All staff have regard for the language and cultural needs of all groups
           of students. Curriculum planning, teaching methods, displays and the
           choice of learning and teaching resources are designed to promote
           racial equality and cultural diversity and challenge racism and
           discrimination. All follow the school equality statement to ensure equal
           opportunities in the curriculum. Teaching methods and materials are
           planned to encourage positive attitudes to ethnic difference, cultural
           diversity and racial equality.


          Spiritual, moral, social and cultural provision is planned to celebrate the
           diverse backgrounds of members of the school community and to
           promote cultural and racial equality. Assemblies and school events
           recognise major festivals of different religions. Arrangements are made
           for religious observance in different faiths.




                                                                                     87
         There is additional support for EAL students and recently arrived
          refugee students. We value linguistic diversity, and wherever possible,
          students are encouraged to gain GCSE qualifications in heritage
          languages.


         The allocation of students to tutor groups and teaching groups is
          carefully organised to ensure fair and equitable opportunities to
          students from all ethnic groups. Seating of students and group work
          within classes is planned to promote racial harmony and
          understanding.


         Assessment methods are checked for cultural bias and action is taken
          to remove any bias that is identified. Assessment outcomes are used
          to identify the specific needs of different groups of students, including
          ethnic minority students and to inform policies, planning and the
          allocation of resources.


         All students have equal access to extra-curricular activities.


         All students have equal access to the support and guidance they need.
          This support is allocated and monitored via the Inclusion panel.


         Careers education and guidance are planned to challenge prejudice
          and stereotyping and to promote racial equality in education, work
          experience, employment, training and career choice.


4. Monitoring of Provision (refer to: CPD records, Data manager reports, DIP,
Governor reports, HOD, HOY, Inclusion Team records, Kirkland Rowell, Local
authority reports, SEF, SIMS, Tell us, TTR Analysis and Whole school).




                                                                                      88
Ricards Lodge High School values the achievements and progress of students
from all ethnic groups and takes steps to ensure that students from all
backgrounds are able to achieve their full potential in line with our school aims.


          Students‟ attainment and progress are analysed by ethnic group. This
           is done in line with our annual self review cycle. The results of our
           analysis are used to identify and address gaps in the attainment and
           progress of different ethnic groups of students


          Attendance is routinely monitored by ethnic group and we use the data
           to develop strategies to promote and reward good attendance and
           address poor or declining attendance.


          The school‟s behaviour for learning policy is applied equally to all
           students, irrespective of ethnicity. All exclusions are monitored by
           ethnic group and the results of this are used to identify and reduce any
           gaps in rates of exclusion between ethnic groups.


          Participation in school activities and responsibilities is monitored to
           ensure that our diverse community is appropriately represented in
           awards, teams, performances, events and positions of responsibility
           such as School Council, School Representatives and the Head Girl
           Team.


          The views of students, parents and staff are gathered in line with our
           annual self review cycle to help measure the impact of our policies and
           procedures.


5. Addressing and Reporting Racial Incidents
The Stephen Lawrence Inquiry report defines racism as conduct or words which
disadvantage people because of their colour, culture or ethnic origin. This
definition, which is consistent with the Race Relations Act, recognises that black,
                                                                                     89
white or Asian people may be victims of racism. Some groups of people, for
example Black people, Asians, Gypsies and asylum seekers are much more
likely to suffer racism.


The Macpherson Report (1999) defines a racist incident as any incident which is
perceived to be racist by the victim or any other person.


          The school has clear procedures for investigating, managing, recording
           and monitoring any racist incidents, discrimination or harassment. They
           are set out in Merton‟s guidance document „Equality Matters‟.


          Immediate action is taken to remove any racist graffiti from all school
           property.


          The school‟s normal system of sanctions is used to deal with the
           perpetrators of racist incidents. This can include a period of exclusion
           from school. The police may be involved if appropriate.


          A sensitive and structured system of support is available to victims of
           racism, racial harassment, racial discrimination and racist incidents.


          Any racist incidents will be reported to the Local Authority via email.




6. CPD


          Steps are taken to ensure that everyone associated with the school is
           kept informed about the race equality policy and procedures, and
           abides by them.




                                                                                     90
        Appropriate training is provided for staff and governors to support them
         in dealing effectively with racist incidents, racism, racial harassment,
         prejudice and stereotyping.


        Students are made aware of racial equality issues through the
         curriculum as a whole, the pastoral system, PSHE lessons,
         assemblies, school events and School Council.




7. Parents, Governors and Community Partnerships


        All parents are regularly informed of their daughter‟s progress.


        All parents are encouraged to join the Friends of Ricards Lodge
         Association and attend performances, parent/teacher consultation
         evenings and other school events.


        People from ethnic minority communities are encouraged to become
         school governors.


        We try to ensure that governor support is appropriate for people from
         all ethnic groups.


        The school‟s premises and facilities are equally available for use by all
         ethnic groups.




                                                                                    91
8. Staff Recruitment and Career Development
The school takes steps to ensure that staff posts of all types and at all levels are
equally available to people from all ethnic backgrounds. Professional
development and opportunities for promotion are equally available to all staff.


      The multi-cultural nature of the school is stated on all job advertisements.


      Commitment to equal opportunities policies and practice is part of the
       person specification for all posts.


      All candidates for posts are asked at interview how they plan to ensure
       that their work takes account of the multi-cultural nature of the school.


      Proactive steps are taken to identify, support and provide opportunities for
       the professional development of staff from all ethnic groups.


      The school ensures that systems of performance management are applied
       equally to staff from all backgrounds.


      The school monitors the recruitment of staff, professional development
       opportunities and the use of personnel policies by ethnic group.




9. Review of Policy
The race equality policy will be kept under regular review by the Senior
Leadership Team and governors.


It will be subject to formal review when necessary and at least every three years.
The Governing Body is responsible for the final version of the policy.


(See Race Equality Action Plan 2011-15)

                                                                                   92
The Macpherson Report (1999) and Merton Equality Matters Policy define a racist incident
as any incident which is perceived to be racist by the victim or any other person.



                      RACIST INCIDENT REPORTING PROCEDURES

                                        (Reviewed 2010)

                                              ↓
                                     Incident happens

                                              ↓
            Incident reported to teachers, line manager, SLT or Head Teacher

                                              ↓
            Support provided to victim in a calm, kind and reassuring manner

                                              ↓
  Middle Leaders and Senior Leaders review the incident within one working day of the
      incident, to determine whether the Race Equality Policy has been breached
                   (witnesses/parents/carers involved as appropriate).




                  Yes                                                   No




Follow Procedures for racist incident              Follow Behaviour for Learning
Reporting, including:                              Policy including:

      Educate and council all parties                   Educate and council all parties
      Reconcile and discipline                          Reconcile and discipline
      E-mail details of incident to Head‟s              Undertake follow up work to
       PA                                                 address issues raised
      Undertake follow up work to
       address issues raised



                                                                                            93
2.12 Religion and Belief Policy
Ricards Lodge High School Policy on Religion or Belief

(To be implemented in conjunction with Special Leave Provision For All
Staff in Schools – Merton Council)

 1.    Introductory statement
 2.    Introduction
 3.    Aims
 4.    Definition of religion or belief
 5.    How are religion or belief defined?
 6.    Dress code
 7.    Religious observance
 8.    Leave for religious festivals and extended leave
 9.    Examinations and assessments
 10.   Dietary requirements
 11.   Monitoring
 12.   Offensive actions or behaviour
 13.   Implementation and responsibilities
 14.   Exemptions/genuine occupational requirements
 15.   Review of policy
 16.   Further information


 The school will meet the general and specific duty of the Equality Act 2010 (2.1)


1. Introductory statement

1.1 Ricards Lodge High School celebrates and values the diversity of its staff and
students and aims to create an environment where the cultural, religious and
non-religious or similar philosophical beliefs of all are respected. The School will
strive to create a positive environment through education and awareness raising
of cultures and religion or similar philosophical beliefs and will actively promote
tolerance within its community.


                                                                                      94
2. Introduction

2.1 In this context the Employment Equality (Religion or Belief) Regulations came
into force on 2 December 2003 and now mean that it will be unlawful to
discriminate against individuals because of their religion, religious belief or similar
philosophical belief. However the spirit of this policy is to encourage good
practice based on a desire to treat people equitably not simply in response to
legislation. This Policy covers staff and students.


2.2 The Policy forms part of the School‟s Single Equality, Diversity and
Community Cohesion policy.


2.3 This strand of the Policy is largely based on the best practice policy of
University of Glasgow, Human Resources Department, accessed May 2010.
(http://www.gla.ac.uk/services/humanresources/)



3. Aims

3.1 The School community is comprised of a diverse mix of nationalities, cultures
and religions or beliefs. This diversity requires that we must respond to the
increasing breadth of awareness needed to ensure that potential discrimination
and misunderstanding does not take place. Through the implementation of this
policy Ricards Lodge High School aims to ensure that:
      Recruitment and admissions are based entirely on relevant criteria, which
       do not include religious belief or non-belief or similar philosophical belief
       (except in the case of a genuine occupational requirement*).
      Members of any religion or none are treated with equal dignity and
       fairness.
      Under-represented groups in the population are encouraged to apply for
       work.



                                                                                       95
      Where possible, appropriate services are provided to meet the cultural and
       religious needs of all staff and students.


4. Definition of Religion or Belief

4.1 How are religion or belief defined?

For the purposes of this policy, „religion or belief‟ is given an interpretation
consistent with the School‟s obligations under human rights legislation, and to
this end includes religious and other similar philosophical convictions (including
atheism and agnosticism) and which relate to any „weighty and substantial aspect
of human life and behaviour‟. This policy covers individual thought, conscience
or religious belief, and also collective manifestation of that opinion or belief with
others.


4.2       Manifestation of freedom of thought, conscience and religion is not
       absolute, and intervention may be justified where this is considered
       necessary to protect the rights of others. The School in particular
       recognises that it has a positive obligation to promote pluralism and
       tolerance, and this Policy cannot be interpreted by any group or person as
       conferring the right to engage in any activity or perform any act that results
       in the destruction of the rights of others.


4.3    Political belief is not covered within the UK Regulations and this also
       applies within the context of this policy.


4.4    The Regulations prohibit direct and indirect discrimination, victimisation
       and harassment.


5. Dress code

5.1    Ricards Lodge High school expects staff to follow the school dress code
       guidance (2007 Dress Code under review); students are expected to
       follow the school uniform policy (See student planner). The wearing of
                                                                                        96
       items arising from particular cultural/religious norms (e. g. hijab, kippah,
       mangal sutra) is seen as part of this welcome diversity (Unless specific
       items conflict with health and safety policy).
ii) The only limitations to the above are that:
      Health and safety requirements may mean that for certain tasks specific
       items of clothing such as overalls, protective clothing etc needs to be
       worn. If such clothing produces a conflict with an individual's religious
       belief, the line manager or the student‟s supervisor, with the aim of finding
       a satisfactory compromise, will sympathetically consider the issue.
       However it should be noted that there might be circumstances such as in
       laboratories or on student placement visits where it may be necessary to
       impose particular dress codes.
      Where a uniform is required for the job, ensuring that the version for
       women includes the option of wearing trousers. Similarly if a uniform
       includes headwear then the wearing of turbans should not be prohibited
       unless there is an over-riding Health & Safety need.
      Where it is perceived that a particular slogan or symbol is offensive (i.e.
       racist or sexist or sectarian) then the wearing of such slogans or symbols
       may be considered as a disciplinary offence and will be dealt with
       accordingly.




6. Religious observance

6.1    All staff, regardless of religious belief or non-belief, are required to work in
       accordance with their contract. Ricards Lodge High School will make
       reasonable efforts to provide suitable space/s for prayer and religious
       observance or quiet contemplation where practical. Informal
       arrangements including the provision of additional space for prayer
       already exist on an ad hoc basis, for example during Ramadan (the month
       of fasting).



                                                                                      97
7. Leave for religious festivals and extended leave


7.1    In the UK, some public holidays coincide with Christian religious festivals
       and holiday arrangements include days off at Christmas and Easter. In the
       interests of equality, those practising other religions to Christianity will be
       able to apply for special leave in line with Local Authority special leave
       policy.


7.2    If a member of staff requests extended leave at a particular time for the
       purpose of, for example, going on pilgrimage, the Head Teacher would
       consider the request. If the extended leave exceeds the annual holiday
       entitlement, the excess days will be unpaid leave.


8. Examinations and assessments

8.1    Ricards Lodge High School must consider the main religious festivals
       when drawing up examination and assessment dates. Additionally student
       requests such as extensions to submission deadlines to accommodate
       religious observance should also be considered sympathetically provided
       the requests are made in advance and in good time.


10. Dietary requirements


10.1   Ricards Lodge High School undertakes to work in partnership with PFI
       partners to assess the demand for food that meets religious dietary
       requirements in consultation with the relevant religious groups. It will
       provide such food in its dining facilities according to the demand for it.




11. Monitoring



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11.1   Ricards Lodge High School will monitor the effects of this policy and the
       Equality, Diversity and Community Cohesion working group will monitor a
       wide range of school procedures on grounds of religion or belief in line
       with the Equality Act 2010/ Ofsted Framework.


12. Offensive actions or behaviour

12.1   Any behaviour or actions taken in breach of this Policy will be treated
       seriously by the school and may result in disciplinary action.


12.2   Any attempt at coercing or threatening others to comply with a particular
       belief system, for example through unauthorised distribution of
       propaganda or through threats or offensive remarks, may result in
       disciplinary action


12.3   Ricards Lodge High School does not tolerate offensive literature or graffiti
       on its premises and those found to be responsible are liable to disciplinary
       action.


12.4   This Policy aims to ensure equal and fair treatment for everyone, of any r
       religion or none. It is based on the principle that people have the right to
       their own belief system but not to engage in activities or acts which result
       in the destruction of the rights of others.


13. Implementation and responsibilities

13.1   Heads of Departments/Line managers are responsible for familiarising
       themselves with this policy, and for following it in matters such as requests
       for leave. They are also responsible for making their staff aware of the
       Policy.




                                                                                      99
13.2   Individual staff are also responsible for familiarising themselves with
       this policy and for informing appropriate staff of their particular
       requirements.


13.3   Any member of staff who feels his/her Line Manager is not treating him/her
       fairly in accordance with this policy should first try to resolve the
       matter by discussion. If that fails then he/she should take the matter up
       with the Head Teacher.


13.4   All students, visitors and colleagues with whom staff come into contact
       have a responsibility not to discriminate on the grounds of religion or
       belief. If staff feel that such discrimination is occurring, and persists the
       matter should be reported to their line manager.


13.5   Students who perceive they are being discriminated against on the
       grounds of religion or belief either by other students or staff or visitors to
       the school should raise the complaint with their Head of Year.


13.6   Awareness raising training should be considered for staff that will require
       an understanding of different faiths and religions, particularly in student
       provision. SLT will be responsible for ensuring this takes place.


13.7   The Equality, Diversity and Community Cohesion working group will have
       a role in monitoring this Policy and its operation including the number of
       complaints raised.


14. Exemptions/genuine occupational requirements

14.1   Ricards Lodge High School may apply a genuine occupational
       requirement to certain posts within the School. In determining whether a
       genuine occupational requirement applies to a particular post the School
       will assess whether being of a particular religion or belief is a genuine and

                                                                                       100
       determining occupational requirement and it is proportionate to apply that
       requirement in a particular case having regard to the nature of the
       employment or the context in which it is carried out. Any such requirement
       and the reason for it will be clearly stipulated in associated recruitment
       advertising and related literature. Further advice on this can be obtained
       from the Human Resources Department.


15. Review of policy

This Policy will be subject to annual review by the Equality, Diversity and
Community Cohesion Working Group.


16. Further information

More information can be found under the following:
www.multifaithnet.org
www.interfaith.org.uk


ACAS Publication:
Religion or Belief and the Workplace: A Guide for Employers and Employees
The ACAS website provides guidance on commonly practised religions at
www.acas.org.uk
Information on religious holidays for all the major religions can also be found at
www.support4learning.org.uk/shap/index.htm


An Action Plan will be developed by the Equality, Diversity and Community
Cohesion Working Group (2010/2011)




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2.13 Sexual Orientation Policy
Ricards Lodge High School Policy on Sexual Orientation (May 2010)

1. Introduction and statement of intent
2. Sexual Orientation Policy & other equality policies
3. How might discrimination occur?
4. Definition of sexual orientation
5. Monitoring
6. Implementation and responsibilities
7. Review of the policy
8. Further information, support and guidance


The school will meet the general and specific duty of the Equality Act 2010 (2.1)


1.Introduction and statement of intent

People are protected against discrimination on grounds of sexual orientation
under the Equality Act 2010 and Employment Equality (Sexual Orientation)
Regulations 2003. The Regulations cover both employment and study at the
School.


1.1 Ricards Lodge High School values all its staff and students equally,
regardless of their sexual orientation. We aim to create an environment in which
all staff and students, whatever their sexuality, feel equally welcome and valued,
and in which discriminatory behaviour is not tolerated.


1.2 In line with these values and in accordance with the Equality Act 2010, Civil
Partnership Act 2004 and Employment Equality (Sexual Orientation) Regulations
2003; (the Regulations also cover the treatment of students), the school seeks to
ensure that;




                                                                                102
1.2.1 Recruitment and promotion of staff, admission, and progression of students
are based entirely on relevant criteria, which do not include sexual orientation.


1.2.2 Everyone is treated with equal dignity and fairness, regardless of their
sexual orientation, or perceived sexual orientation.


1.2.3 Harassment or bullying is not tolerated. Examples of behaviour which can
intimidate individuals because of their sexual orientation include: name-calling;
derogatory jokes; intrusive questioning; deliberate isolation of individuals;
offensive emails, etc. Although people are protected from discrimination on the
grounds of their religion or belief, it is still illegal for them to discriminate against
someone else on the grounds of sexual orientation (even if, for example, their
faith teaches that homosexuality is unacceptable). Such behaviour will be dealt
with under the Dignity at Work Policy, and the Anti Bullying Policy.


1.2.4 A supportive environment is provided for staff or students who wish it to be
known that they are Lesbian, Gay, Bisexual or Transgender (LGBT). However, it
is the right of individuals to choose whether they wish to be open about their
sexuality in the school. The School wishes to encourage individuals to be open
about and feel able to disclose their sexuality without fear of exclusion.


1.2.5 LGBT staff and student groups are welcomed and supported.


1.2.6 LGBT issues are included in equality and diversity training and will be
included in PSE, Citizenship and other curriculum areas.


1.2.7 Assumptions are not made that partners of staff and students are of the
opposite sex. All policies are applied without making this assumption.


1.2.8 The School recognises that Lesbian, Gay, Bisexual and Transgender staff
and students come from diverse backgrounds. We will work to ensure that all
staff and students are welcome in our community and do not face discrimination
                                                                                       103
either on the grounds of their sexual orientation or with regard to other aspects of
their identity, such as age, disability, gender, gender reassignment, marriage and
civil partnership, pregnancy and maternity, race religious belief, sex and sexual
orientation.


1.3 This strand of the Policy is largely based on the best practice policy of
University of Glasgow, Human Resources Department, accessed May 2010.
(http://www.gla.ac.uk/services/humanresources/)


2. Sexual orientation policy and Equality, Diversity and Community
Cohesion policy

2.1 This policy forms part of the school‟s Single Equality, Diversity and
Community Cohesion Policy.


3. How might discrimination occur?
3.1 Where an individual is treated less favourably because of their actual or
perceived sexual orientation (direct discrimination). Where an employer applies a
criterion, provision or practice that disadvantages people of a particular sexual
orientation unless it can be objectively justified (indirect discrimination).


3.2 Harassment or victimisation on the grounds of sexual orientation are also
discriminatory. Harassment includes creating an environment which is offensive,
intimidatory, humiliating, hostile or degrading to others. Harassment can be overt
i.e. bullying that is obvious or violent however it can also be subtle and insidious.
Individuals who have raised a complaint of harassment on grounds of sexual
orientation must not be victimised for having raised such a complaint.


3.3 Threatening to publicise the sexuality of a member of staff or student without
their permission will be regarded as a form of harassment and may therefore be
subject to disciplinary procedures if upheld.



                                                                                    104
3.4 Positive Action - The employer may take positive action in respect of access
to facilities and training for specific groups who are under-represented. It would
be reasonable to take action to increase applications for posts from a particular
group of people, or provide work experience, outreach days or training
programmes only for those people. These actions increase the numbers of
eligible people by developing relevant skills and increasing applications from
under-represented groups. The appointment to posts must however be made
only on the basis of merit.


Genuine Occupational Requirements – an employer may justify discrimination
because a post has a genuine requirement for a worker of a particular sexuality
to carry out the duties of the post. There must be a clear connection between the
duties of the post in question and the characteristics required. A general
preference or a habit from past experience would not be sufficient. However,
there are likely to be very few posts where sexuality is a genuine occupational
requirement.


4. Definition of sexual orientation
4.1 The Regulations define "sexual orientation" as meaning a sexual orientation
towards:
                             Persons of the same sex
                             The opposite sex
                             Both the same and the opposite sex


4.2 The Regulations prohibit discrimination "on grounds of sexual orientation."
This includes the actual or perceived sexual orientation of an individual. If a
person is discriminated against because he is believed to be homosexual, but is
in fact heterosexual, he is still protected under the law. Direct discrimination,
indirect discrimination, harassment and victimisation are all covered.




                                                                                    105
5. Monitoring

5.1 The Equality, Diversity and Community Cohesion working group will have a
role in monitoring this Policy and its operation including the number of complaints
raised.


6. Implementation and responsibilities
6.1 Heads of Departments/Line managers are responsible for familiarising
themselves with this policy. They are also responsible for making their staff
aware of the Policy.


6.2 Individual staff are also responsible for familiarising themselves with
this policy.


6.3 Any member of staff who feels his/her Line Manager is not treating him/her
fairly in accordance with this policy should first try to resolve the
matter by discussion. If that fails then he/she should take the matter up with the
Head Teacher.


6.4 All students, visitors and colleagues with whom staff come into contact have
a responsibility not to discriminate on the grounds of sexual orientation. If staff
feel that such discrimination is occurring, and persists the matter should be
reported to their line manager.


6.5 Students who perceive they are being discriminated against on the grounds
of sexual orientation either by other students or staff or visitors to the school
should raise the complaint with their Head of Year.


6.6 Awareness raising training should be considered for all staff. SLT will be
responsible for ensuring this takes place.
                                                                                    106
6.7 The Equality, Diversity and Community Cohesion working group will have a
role in monitoring this Policy and its operation including the number of complaints
raised.


7. Review of the policy

This Policy will be subject to annual review by the Equality, Diversity and
Community Cohesion Working Group.


8. Further information, support and guidance
Stonewall
Tower Building
York Road
London SE1 7NX


London Lesbian & Gay Switchboard
PO Box 7324
London N1 9QS

Helpline: 020 7837 7324

Action Plan To be developed with EDCC Working Group 2010/2011



2.14 Equality Policy Roles and responsibilities
All who work, learn and visit our school are expected to support, and are
responsible for, the promotion of equality, diversity, community cohesion and
meaningful inclusion in all their dealings with the school, intentionally avoiding all
forms of unlawful discrimination.




                                                                                  107
School governors are responsible for:

         Meeting the general and specific duty of The Equality Act 2010.

         Developing and implementing the school‟s equality and diversity policy.

         The school‟s compliance with all equality, diversity and community
          cohesion legislative requirements (refer to Section 1.2 and Section 3).

         The single equality and diversity policy and its procedures being
          regularly monitored through appropriate evidence presented in reports
          and recorded data.

         Ensuring that this policy covers all aspects of school life.




The Head teacher is responsible for ensuring that:

         Meeting the general and specific duty of The Equality Act 2010.

         All aspects of school life reflect a commitment to equal opportunities.

         All the statutory duties are responded to appropriately, by all
          concerned.

         Any policies and their equality objectives are readily available
          (published) and that all members of the school community are aware of
          the equality and diversity policy and their role in its implementation.

         Procedures are clear and followed by all staff, based on requirements,
          through reasonable and practicable evidence.

         Regular information is provided for staff and governors about the policy
          and how it is working to underpin all the relevant areas of school
          practice.

         Staff training needs are identified and addressed.

                                                                                    108
         All staff and other relevant stakeholders know and understand their
          responsibilities and receive training and support in carrying these out
          effectively.

         Appropriate action is taken in cases of all forms of harassment and
          unlawful discrimination in all areas of school practice.

         Statutory duties regarding the reporting of racist incidents are
          implemented rigorously and regularly.




All staff, including supply, visiting staff and volunteers are responsible for:

         Dealing proactively with all forms of unlawful discriminatory practice,
          recognising and tackling bias, prejudice and stereotyping, as part of
          implementing good school practice for all.

         Following procedures for recording, addressing and/or reporting all
          equality and diversity based incidents, particularly racist, sexist,
          transphobic and homophobic incidents in every aspect of school life.

         Promoting equality and good community relations and avoiding
          unlawfully discriminating against anyone for reasons of age, disability,
          gender,    gender   reassignment,    marriage    and       civil   partnership,
          pregnancy and maternity, race religious belief, sex, sexual orientation.

         Planning their teaching and learning and all other school activities to
          maximize equality of participation and remove barriers to learning
          especially for the most vulnerable pupils.




                                                                                     109
   Keeping up to date with all the requirements on unlawful discrimination,
    harassment and victimisation seeking and taking training and learning
    opportunities that are on offer.

   Contributing   to   the   development,   monitoring,   implementation,
    assessment and review of the Equality, Diversity and Community
    Cohesion policy.




                                                                        110
                  HOME SCHOOL AGREEMENT –



                  RICARDS LODGE HIGH SCHOOL

                  The School will:

                         Give an education based on high expectations in respect of both work and
HOME SCHOOL AGREEMENT




                          behaviour
                         Praise and reward where appropriate
                         Give regular updates on progress, including an annual report and parents
                          evening
                         Provide lessons that are suitable for age and ability
                         Set, mark and monitor all work
                         Provide the use of books, equipment and resource centre facilities
                         Set regular homework using the homework timetable
                         Provide the opportunity to participate in clubs and activities
                         Teach and support the Equality, Diversity and Community Cohesion Policy.


                        2. THE STUDENT

                        I will uphold the School expectations of me.

                                A Ricards student should always

                                    try her best.
                                    respect other people and the learning environment.
                                    always bring the correct equipment.
                                    arrive to school and lessons on time.
                                    completes all homework.
                                    be eager to learn.
                                    speak to people politely.
                                    follow the school rules.




                                                                                               111
  3. AS PARENTS/CARERS

  I/We will:

     Encourage and support my daughter with her work
     To support the school in implementing school policies.
     Ensure excellent attendance and punctuality
     Keep her in the correct school uniform
     Attend Parent‟s Evenings and discussions about my child‟s progress




                                                                                    SCHOOL UNIFORM and EQUIPMENT
     Not take my daughter on holiday in term time except with prior permission
     Support the Equality, Diversity and Community Cohesion Policy.




SCHOOL UNIFORM



All new students are expected to wear the new school uniform:

       Knee-length plain black skirt or smart black trousers
        (Not jean style)

       Purple jacket
       Purple/Green V Neck Jumper
       Purple/Green Slipover
       Plain white blouse or shirt
       Black tights
        (No patterned, coloured or footless tights)

       White or black socks
        (No patterned or coloured socks)

       Black shoes
        (Not high heels, trainers or boots)

       Plain black outdoor coat, jacket or anorak
        (Not leather, fur, suede or denim)



For all other students it is optional and they may continue to wear our old style
uniform. Students may not mix and match the two uniforms.

Our old style uniform consists of:



                                                                             112
          Knee-length plain navy skirt or smart navy trousers
           (Not jean style)

          Plain navy sweatshirt monogrammed with the school logo
          Plain white blouse or shirt or two-button polo shirt
          Tights should be only tan, navy or black
           (No patterned, coloured or footless tights)

          White, navy or black socks
           (No patterned or coloured socks)

          Black shoes
           (Not high heels, trainers or boots)

          Plain navy or black outdoor coat, jacket or anorak
           (Not leather, fur, suede or denim)



Visitors to the school, contractors and other business partners are
responsible for:

            promoting equality and good community relations and avoiding
             unlawfully discriminating against anyone for reasons of age, disability,
             gender,   gender    reassignment,   marriage    and   civil   partnership,
             pregnancy and maternity, race religious belief, sex, sexual orientation.




Overall responsibility for overseeing equality based school practice lies with
Deputy Head Teacher, Elizabeth Lawrence and Steven Little (staff governor), as
part of an Equality, Diversity and Community Cohesion Working Group whose
members comprise representatives of the staff, pupils, governors and parent
groups. The Working Group will ensure that the relevant school functions and
activities respond to all Equality and Diversity issues and their implications for all
school practice, as required.




                                                                                   113
Responsibilities of the Working Group include:

          coordinating, monitoring and reporting on work on all equality and
           diversity issues and requirements regarding all of the school equality
           and diversity relevant functions and activities.

          dealing appropriately with and monitoring reports of, and data on, all
           forms of unlawful discrimination in all areas of school functioning, (e.g.
           all forms of harassment, racist, homophobic and any other incidents).

          monitoring the progress and attainment of vulnerable and minority
           groups of pupils (e.g. Black, working class, other minority ethnic pupils
           including Gypsies and Travellers).

          monitoring data on all exclusions.

          monitoring the implementation of Equality and Diversity requirements
           in all the relevant areas of school practice functioning.

          ensuring the appropriate support for all stakeholders when needs are
           identified.




2.15 Monitoring, reviewing, assessing impact and evaluating and managing
the implications of school practice provision, on different groups of
stakeholders.
The policy will be regularly monitored, reviewed and assessed by staff and
governors involved, to ensure that it is effective in tackling discrimination,
promoting access and participation, equality and good relations between different
groups. Also that it is not disadvantaging any particular sections of the
communities served by the school and where it is found to be, appropriate action
will be taken to rectify the situation, as part of ensuring good school practice for
all.



                                                                                 114
The impact of the equalities policy will be assessed annually.

This will include:

          School population.

          A full analysis of the attainment and progress of all pupil groups;
           exclusions and attendance; admissions; access to additional services;
           destinations.

          A full analysis of any incidents.

          An analysis of feedback from pupils and parents (including complaints)

          An analysis of participation of pupils in activities outside of lessons.

          The engagement of parents/carers from different pupil groups.

          A review of the staff profile, pay and position, recruitment processes,
           retention, promotion, disciplinary procedures, staff development,
           satisfaction surveys and exit interviews.

          A full review of the impact of the equalities policy and identification of
           areas for improvement (setting new objectives).

          Key initiative

          Progress against targets

          Future plans

(Please refer to: CPD records, Data manager reports, DIP, Governor reports,
HOD, HOY, Inclusion Team records, Kirkland Rowell, Local authority reports,
SEF, SIMS, Tellus/PASS Survey TTR Analysis and Whole school).

This annual assessment will be judged against Ofsted criteria for equality of
opportunity and community cohesion and summarised in the SEF.



                                                                                      115
The annual assessment will be presented to Governors and priorities included in
the school improvement plan.

The School Improvement Plan will ensure that any findings made under any of
the Equality and Diversity policy will form part of the school‟s action plans.

The school will also ensure that other school policies address equality issues
relevantly and proportionately.

Deputy Head Teacher Elizabeth Lawrence, Steven Little (staff governor) and the
Equality, Diversity, and Community Cohesion Working Group and Standards
Working Group are responsible for all equality issues will monitor specific agreed
outcomes (refer to section 2.8).

The Head Teacher will provide regular monitoring reports for review by the
Governing Body. These will include: school population, workforce recruitment,
retention and progression, key initiatives, progress against targets and future
plans.

This will include:

            School population.

            A full analysis of the attainment and progress of all pupil groups;
             exclusions and attendance; admissions; access to additional services;
             destinations.

            A full analysis of any incidents.

            An analysis of feedback from pupils and parents (including complaints)

            An analysis of participation of pupils in activities outside of lessons.

            The engagement of parents/carers from different pupil groups.

            A review of the staff profile, pay and position, recruitment processes,
             retention, promotion, disciplinary procedures, staff development,
             satisfaction surveys and exit interviews.
                                                                                        116
   A full review of the impact of the equalities policy and identification of
    areas for improvement. (Setting of equality objectives)

   Key initiative

   Progress against targets

   Future plans




                                                                          117
Section 3:           Summary of Ricards Lodge High School‟s
statutory duties and good practice requirements (Impact
of Equality Act 2010 under review/ awaiting secondary
legislation for the Government Equalities Office)
5


3.1 Whose responsibility is it?
Schools, through all their staff, pupils, visitors and other relevant stakeholders,
are directly responsible for ensuring that all their relevant functions are
underpinned, as required, by Equality, Diversity and Community Cohesion
requirements.
Where schools make use of a particular service or function for which the local
authority has responsibility (e.g. school admissions), responsibility for compliance
with the equality, diversity and community cohesion duties, in respect of this
service or function, also rests with the local authority.



Services and functions that might need particular consideration are:

          Employment

          Procurement

          Provision of extended services




3.2 Community Cohesion
The Education and Inspections Act 2006 inserted a new section 21(5) to the
Education Act 2002 which introduces a duty on schools‟ governing bodies to
promote community cohesion. This came into force in September 2007. Ofsted
have included the implementation of the duty in their inspection from September
2008. The legislative requirements on schools to meet this duty are in the


                                                                                      118
Equality Act 2006 and outlined in the Race Relations Amendment Act (2000)
(refer to Section 3.3).

The document ‘Community Cohesion Education Standards for Schools’ (DfES,
Home Office and Commission for Racial Equality 2004) provides illustrative
approaches for schools to check against, draw from and adapt to reflect their own
local circumstances and issues.

Appendix 4.2 uses this document and the recommendations of ‘Our Shared
Future’ (Commission on Integration and Cohesion, 2007) to provide schools with
an appropriate framework on how to promote community cohesion within school
practice. (community under national review 2011)




3.3 Race Equality: See Equality Act 2010: Public sector duty (2.1)
The Commission for Racial Equality recommends that all schools should:

          Designate a senior teacher with overall responsibility for dealing with
           racist incidents. (see flow chart)

          Ensure that all members of staff are familiar with procedures and
           should share responsibility for ensuring procedures are followed.

          Have a trained governor with responsibility for equality.

          Ensure that the senior member of staff and the governor for equalities
           should monitor the nature and number of reported racist incidents and
           should present full and regular reports to the governing body.

          Hold details of individual incidents (names etc) at school.

          Maintain a log of racist incidents which is shared with the LA on a
           regular basis.

(Schools wanting more guidance may use the Commission for Racial Equality‟s
(CRE) framework for preparing a policy. However schools in Merton are being

                                                                                 119
advised to have an inclusive and overarching single Equality, Diversity and
Community Cohesion Policy.

Further advice on a stand-alone equality policy is also available as an appendix
in the CRE‟s Guide for Schools on the Code of Practice on the Duty to Promote
Race Equality, available from the Equality and Human Rights Commission‟s
website at www.equalityhumanrights.com )




3.4 The Disability Equality Duty
Part 1 of the Disability Discrimination Act (DDA) 1995 defines a disabled person
as someone who has “a physical or mental impairment which has a substantial
and long-term adverse effect on a person‟s ability to carry out normal day-to-day
activities”

Definition of terms:

             „Physical impairment‟ includes sensory impairments.

             „Mental impairment‟ includes learning difficulties and an impairment
              resulting from, or consisting of, a mental illness.

             „Substantial‟ means „more than minor or trivial‟.

             „Long-term‟ is a period longer than (or likely to be longer than) 12
              months.




The definition is broad and includes a wide range of impairments, including
hidden impairments such as dyslexia, autism, speech and language impairments
and attention deficit hyperactivity disorder (ADHD). These may all constitute a
disability, but only if the effect on the person‟s ability to carry out normal day-to-
day activities is substantial and long-term, as defined above.



                                                                                  120
The Disability Discrimination Act (2005) expanded the definition to include
automatically‟, i.e. whether or not the substantial/long term text applies, all those
with cancer (whether in remission or not), multiple sclerosis and HIV „All with
severe disfigurements are also included in the definition.




The effect on normal day-to-day activities is on one or more of the
following:

          Mobility.

          Manual dexterity.

          Physical co-ordination.

          Continence.

          Ability to lift, carry or otherwise move everyday objects.

          Speech, hearing, eyesight.

          Memory or ability to concentrate, learn or understand.

          Perception of risk of physical danger.




People with cancer, multiple sclerosis, HIV infection or a severe disfigurement
are automatically covered by the definition. There are special provisions for
people with progressive or recurring conditions. For children and young people in
schools, there is a significant overlap between those who count as disabled
under the DDA and those who have special educational needs (SEN), as defined
by the Education Act 1996.

However, not all disabled children and young people have SEN, e.g. those with
asthma, heart problems, cancer etc and not all pupils with SEN have a disability
e.g. some children with emotional and behavioural difficulties. A disabled child

                                                                                 121
has SEN if they have a disability and need special educational provision to be
made for them in order to be able to access the education that is available
locally.

There is no statutory requirement for schools to collect and report information on
pupils‟ disabilities, However, it is recommended as good practice, to monitor the
implementation of school policies and practices to ensure they are not
disadvantaging pupils with disabilities and to monitor pupil progress, attainment,
attendance and exclusions for any differential outcomes so that they can be
responded to accordingly.

The amended DDA 2005 places a duty on all public authorities, including publicly
funded schools, to promote disability equality. The disability equality duty
includes two main elements, a general duty and specific duty.

Schools are already required to plan to improve the accessibility of their schools
for their disabled pupils under the planning duties contained in Part 4 of the DDA.
Schools may wish to publish a single document that contains both their access
plan and DES, or a separate plan and scheme, according to what will work best
for them on an individual basis. However the school chooses to present this
information, the DES and the main elements of the Disability Equality Duty need
to be distinct, easily identifiable, and in one place.

In meeting the accessibility requirements, schools must show how they will
improve access for disabled pupils by:


          Increasing access to the curriculum.

          Making improvements to the physical environment of the school to
           increase access.

          Making written information accessible to pupils in a range of different
           ways.



                                                                               122
       All equality strands are covered by the general duty and specific duty: see
       Equality Act 2010: Public Sector Duty (2.1)




Section 4: Appendices


Appendix 4.1: Developing schemes and policies on disability, gender and
community cohesion in Merton Schools.
All schools are obliged to produce a disability equality scheme (DES), a gender
equality scheme (GES), a race equality policy and a community cohesion policy.
The purpose of the schemes/policies is to show how the school is going to meet
the general and specific disability, gender, race and community cohesion duties
through mainstreaming the duty requirements within all relevant school practice,
as required. Schools are required to develop their schemes/policies in a
particular way and to include specific elements.

School practice must involve users and providers of school practice (pupils, staff
and   parents   and   other   significant   stakeholders)   in   the   development,
implementation, monitoring, assessment and review of the schemes/policies as
part of school practice provision. Schools are also now required to have
reasonable and practicable evidence to show what, why, who and how inclusion
and involvement of all stakeholders is and will continue to be part of school
practice.

Merton LA advises that the schemes/policies be embedded within a Single
Equality, Diversity and Community Cohesion Policy though they will need to
show explicitly how the specific race, disability, community cohesion and gender
statutory requirements are to be met and who will be responsible for ensuring
that this happens appropriately.

For instance the DES needs to be closely linked practically, with the school‟s
Accessibility Plan that, in turn, will inform part of the school‟s disability action

                                                                                123
plan. The processes for developing the Race Equality Policy, the DES and GES
are similar in a lot of ways therefore schools may choose to develop them
together in those aspects where they are connected.




Schools must set out in their Schemes/Policies:

         The way in which service users and others (pupils, parents, staff,
          Governors and other partners, particularly those who are disabled)
          have been involved, consulted and will be continuously and
          meaningfully communicated with, in the preparation, implementation,
          monitoring, assessment and review of the Schemes/Policies

         Their arrangements for gathering information on the effects of their
          schemes/policies on:-

         The recruitment, development and retention of all employees,
          particularly those who are disabled (DDA Part 2)

         The educational opportunities available to, and the achievements of,
          disabled pupils (DDA Part 4)

         The school‟s methods for assessing the impact of its existing or
          proposed policies and practices on all equality areas of need, for all
          their stakeholders.

         Steps that the school will take to meet the general duty (the school‟s
          „action plan‟) for all areas of the single policy and within all the relevant
          functions and activities of school practice.

         The school‟s arrangements for putting the information and data
          gathered to use, particularly in reviewing, assessing and improving the
          effectiveness of its action and school improvement plans and in
          preparing subsequent schemes/policies and taking remedial action.


                                                                                   124
For a detailed outline for a disability equality scheme, see Promoting
Disability Equality in Schools
http://www.teachernet.gov.uk/wholeschool/disability/disabilityandthedda/guidance
disabilityequalityinschools

The Gender Equality Scheme must include the school‟s gender equality
objectives, including any pay objectives, and show the actions that the school
has taken or intends to take to:

          Gather and use information that is relevant to promoting gender
           equality and eliminating discrimination

          Consult and involve stakeholders in the preparation of the scheme
           (including setting objectives)

          Assess the impact or likely impact of existing and proposed policies
           and practices on gender equality

          Implement the actions set out in the scheme (the school‟s „action plan‟)
           For further detailed guidance on developing gender equality objectives
           and a gender equality scheme, see:

www.equalityhumanrights.com/uploaded_files/PSD/1_overview_of_the_gender_
duty.doc

Suggested approaches          to developing disability,      gender,    race   and
community cohesion equality schemes/policies

Under their scheme/policy requirements schools are only expected to do what is
reasonable and practical, as the best way of responding both to the spirit of the
law and ensuring the outcomes desired under the ECM Agenda. Schools are
also advised to determine some of the action they are already undertaking in
order to include it in their scheme/policy statements and action plans. A suitable
                                                                                125
starting point might therefore be to identify factors that will determine what is
reasonable and practicable for the particular school. Information from the school
SEF and from section 2.2 of the single policy framework, „The school context –
what sort of school are we?‟ should be of use here. The school will also need to
consider their budgetary confines and their building stock for their disability
equality scheme.

Schools may begin by:

         Identifying where they currently are through their existing policies,
          plans and schemes which might incorporate or provide a starting point
          for the equality and community cohesion schemes and plans.           For
          example:

         For the disability equality scheme, the school‟s accessibility plan might
          be extended and strengthened to meet the requirements of a scheme
          that is based on the statutory duties. It will need to include disabled
          staff, parents, and other community members as well as pupils;
          involvement of disabled people and gathering of information are both
          requirements for a scheme.

         The gender equality scheme may be combined with the School
          Development Plan (SDP). The process for setting priorities for
          improvement in the SDP is similar to the process of setting gender
          objectives (e.g. collection and analysis of data, consultation with
          stakeholders), so schools may choose to combine their processes to
          inform all their relevant but separate documents or their single over-
          arching document.

         Establish a working group which should include:

         A senior manager who will take a lead on all the equality, diversity and
          community cohesion schemes, policies and action plans that the
          school needs to produce in its response to legal and good practice
          requirements.
                                                                               126
   The governor(s)with responsibility for quality/inclusion/SEN/community
    cohesion
   All members of staff, pupil and parent representatives so that a range
    of perspectives are represented

   Invite pupils, parents, members of the wider community and other
    members of staff to be involved – either on the working party or in a
    consultation, partnership working and dialogue exercises.

   It may be helpful to have a disabled representative on the working
    group for the disability equality scheme. This should be in addition to
    the wider involvement of disabled pupils, staff and parents, which
    should be kept under review throughout the development of the
    scheme.

   Use the SEF Guidance on Equality of Opportunity (appendix 4.3) to
    gather required information and to identify actions to be included in the
    school‟s action plan(s).

   Identify necessary resources, both human and financial, for the
    implementation of action plans.

   Identify and draw upon appropriate support from the local authority and
    other schools within the county.

   Set a timescale and mechanism for review, to include consultation with
    stakeholders: what has been the impact of the scheme to date and
    what still needs to be done? When and by whom?




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Appendix 4.2: Community Cohesion Standards (March 2010)
To be reviewed 2011/12

A) Family, Community & Partnerships

1) The school maintains regular proactive consultation with all parents, pupils and
community groups aimed at narrowing the attainment gap, increasing inclusion
and reducing exclusion.

Evidence

          Governors monitoring the participation of various groups represented
           in the school population in governing body and parent-teacher
           consultations.

          Asian Family Project.

          HTTP Panel.

          Governors Sub-committees receive various reports on all aspects.

          PSP‟s, PEPS.

          Friends of Ricards.

          Cluster projects.

          School Council.

          Kings College revision / Aspiration programme

          Study support sessions eg. Maths revision etc.

          Prevent project 2010/2011/2012



                                                                               128
          Community Arts Officer (CAO) makes regular communication with
           parents and community groups through PTA, outreach work etc.
           Minutes of these meetings are available.

          Yr7 BBQ.

          Curriculum Evenings.

          Parent Support Advisor / Escape Parenting Programme

          HOY and SLT Line Manager monitoring attendance at Parents‟
           Evenings and at Year information evenings.

          Analysis of parents who are members of/and attend Friends of Ricards
           functions.   There are regular discussion on the types of functions
           different groups within the school community would enjoy attending.

2) Service providers comply with the school‟s equality and diversity policies as
well as other policies such as health and safety.

Evidence

          All contractors are briefed prior to commencing work with the school.

          PFI liaison ensures providers are up to date.

3) The governing body takes active steps for the school to be representative of
the backgrounds reflected within the school population and community.




                                                                                 129
Evidence

          Governors are developing plan of action for the recruitment of both
           staff and governors from under-represented communities is part of the
           Equality and Diversity single policy Action Plan.

          CAO works with various community groups from different backgrounds,
           ages, races etc. Project evaluations can be used as evidence.

          An action plan for the recruitment of both staff and governors from
           under- represented communities is part of the Equality and Diversity
           single policy Action Plan.

4) All parents and pupils have access to high quality information, guidance and
advice on transition at all stages.

Evidence
          Cedar Base transition process.

          Vulnerable / SEN / EAL transition process.

          Parent Support Adviser.

          Curriculum Evenings.

          New parents and students offered arts based activities in the summer
           holidays to aid transition.

          PSP‟s / PEPS.

          Open Evenings.

          Prospectus.

          Guidebooks.

          SLT / Transition Team visits to primary schools.



                                                                            130
5) Schools work collaboratively to be involved in the provision of relevant
resources, education and training opportunities for all their communities (e.g.
migrant workers, Gypsies and Travellers, disabled people and any other
identified groups.

Evidence
          Cluster schools programme.

          CAO works with various community groups from different backgrounds,
           ages, races etc. Project evaluations can be used as evidence.

6) The school organise opportunities for and participates in, regular inter-cultural
exchanges aimed at promoting good community relations.

Evidence

          Asian Family.

          MSB School.

          Curriculum plus events.

          Kolkata exchange with British Council.

          Royal Shakespeare Company Learning Performance Network.

          Celebration evenings.




7) A member of the Senior Management Team is responsible for home school
and community relations.

Evidence

          Job descriptions are amended to include community relations and
           community cohesion work where appropriate.

          Transition (AM)

                                                                                131
           Village Ward Safer Neighborhood Board (AJ)

           Community Cohesion – (EL)

           Community (SS / JF)




B) Pupils

1) Governors operate a robust system for monitoring patterns of admissions,
exclusions, curriculum participation and narrowing the attainment gap with
defined triggers for action and points for intervention.

Evidence

           Standing items on Committee and whole governing body agendas and
            differential impact data and other evidence is analysed and addressed
            through action planning that is continuously monitored, assessed and
            reviewed for influencing school practice appropriately.

           Implement EDCC Annual Review Cycle.

           Curriculum sub-committees.

           Attendance to personnel.

           Participation levels are carefully monitored at extra-curricular activities.

2) Schemes of work explicitly address the causes and consequences of unlawful
discrimination and assist pupils and staff to recognize, understand and challenge
prejudice and stereotypes.

Evidence

           Pupil and staff discussions on issues like the Equal Rights Movement,
            Black History Month and International Women‟s Week and their links to
            community cohesion and other equality implications.

                                                                                     132
          Black History Month.

          Assemblies – Rota covers Key Community Cohesion and Equality
           Stands.

          Comprehensive PSE and Citizenship Programme.

          Celebration of Black History Month.            In bedded in a range of
           department schemes of work.

          International Women‟s Week.

          International Women‟s week is celebrated every year and issues of
           inequalities are discussed and debated.

          In RE lessons visitors from all faith groups are invited to the school.

3) Planning and teaching are based on high expectations and learning
approaches maximize the participation and interest of all pupils.

Evidence

          Home school agreement / school rules.

          Monitoring of teaching and learning indicates an appropriate match of
           teaching to the identified needs of all pupils. Examples of identified
           needs are given for example:

           -   PE lessons have been changed and meet the needs and interests
               of the multi-cultural mix of the school.

           -   RE lessons ensure that all faiths are represented in discussions
               and enables all students to participate fully whatever their beliefs.

          Students are given the opportunity to work on community Sports and
           Arts projects including primary schools, Wimbledon Guild etc.

          Charity Events. Use of data to plan and monitor.

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4) Target setting, grouping and resource allocation are used to ensure
progression for all pupils, aimed at narrowing the attainment gap between
different groups of pupils.

Evidence

          Reducing group sizes in the core subjects to support attainment and
           progress.

          Increase support for Inclusion /SEN e.g. appointing achievement
           mentors.

          ARD day introduced.

          Range of groupings in different subjects to meet different needs e.g.
           setting in History.

          G&T activities.

          HOY Good2Great Project to support narrowing the gap.

          One to One tuition.

          PA Support.

          Monitor / Tracking of LAC students.




5) The school works with its local cluster or network to ensure that all pupils have
access to a rich, broad and personalised curriculum.

Evidence

          Extended Services activities – Central Wimbledon Cluster.

          Good to Great programme.

          State School and private school partnership.

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          CAO works with 5 identified primary schools to ensure excellent arts
           provision to aid attainment.

          The development of the MLE (Fronter) to enable a more personalised
           curriculum.




C) Staff Guidelines

1) Governors and SLT have an action plan for recruiting, selecting and retaining
people from under-represented minority ethnic groups and people with disabilities
from a range of backgrounds at all levels in the school.

Evidence

          Annual human resource analysis (School Business Manager)

          Audit from personnel committee to identify whether teaching and non-
           teaching staff fairly represent the demographic profile of the local
           community and/ or the national/school population.

          CPD opportunities are carefully monitored to and cross referenced to
           performance management to ensure that all staff needs are met.




2) All those involved in recruitment, selection and training have received high-
quality equality, diversity and community cohesion employment training.

Evidence

          Professional developed recruitment pack.

          All SLT have safe guarding training/certificate.

3) All school staff, (including support and volunteers) have received regular
training in how to deal effectively with racist, homophobic, harassment and
bullying incidents.
                                                                                   135
Evidence

           EDCC working group / whole staff training.

           Staff attended training as CPD cycle and individual need.

4) All new staff have participated in an induction programme that includes good
equality and diversity, community cohesion and anti-discriminatory practice.

Evidence

           Members of staff responding confidently and comfortably in dealing
            with requests from some Muslim pupils around participation during
            Ramadan or any other forms of equality and diversity based need.

           New Staff Induction Programme.

5) Governors and all staff know their responsibilities under relevant equality and
diversity areas and are aware of the legislative requirements on their areas of
practice.

Evidence

           Whole staff EDCC training.

6) Governors and SMT have allocated adequate time and resources for regular
staff training how to use target setting, grouping and resource allocation to
ensure progression for all pupils, aimed at narrowing the attainment gap.

Evidence

           The school Development Plan identifies committed training time and
            resources on achievement of those pupil groups identified to be in
            need of targeted support e.g. Gypsy, Roma, Traveller and other
            Minority group pupils.

           Annual Meeting Cycle.


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Appendix 4.3: SEF Guidance: The effectiveness with which the school
promotes equal opportunity and tackles discrimination


Ofsted will evaluate:
           How effectively the school actively promotes equality of opportunity
            and tackles discrimination.


Ofsted will take account of the following:
           The performance and experience of different groups of pupils, for
            example minority ethnic groups, looked after children, gifted and
            talented pupils, pupils with learning difficulties and/or disabilities, and
            of other groups even though the number of pupils may be small in
            number.
           The extent to which the school promotes respect for human rights
            through developing understanding about differences and valuing
            diverse experiences.
           The emphasis the school gives to processes and provision to
            promote equality and eliminate discrimination, and ensure that
            stereotypical views (for example of learning and work opportunities)
            are challenged.
           The degree to which the school makes best use of the differing skills
            and talents of individual pupils.
           The effectiveness of staff training (assessed through staff
            awareness, and evidence in work) in meeting the needs of learners.
           How the school manages incidents and complaints.
           Arrangements for consulting with users and stakeholders.
           How outcomes of work – for example, achievement of equality
            targets or positive actions on equality – are published.




                                                                                    137
          The effectiveness with which the school promotes equal opportunity and
                               tackles discrimination: grade descriptors
Outstanding                                                             Evidence

The school places the        Aspirational, written Equality policies    Policies, evaluation reports, SMT and GB
promotion of equality of     in place, available, integrated into all   minutes showing that policy/reports have
opportunity at the heart     other policies and are regularly           been considered regularly and carefully.
of all of its work and its   evaluated.
aspirations are              SDP includes actions to support
understood and acted         policies and procedures
upon consistently at all
                                                                        Displays, assemblies, prospectus,
levels.
                             The school environment reflects the        newsletters, website etc

                                                                                                        138
                          focus on equality

                          A Senior member of staff has
                          responsibility and is proactive in
                          promoting equalities through excellent
                                                                      SOW, planning, records of assemblies
                          leadership
                                                                      and events, classroom display
                          All staff clearly understand, can
                          articulate and implement the policies
                                                                      CPD records.
                          as part of their practice.

                          Staff attend regular Equalities training
                          and this is also reflected in other
                          training                                    Lesson observation and work scrutiny
                                                                      records
                          Staff challenge stereotypes through
                          the opportunities they offer to pupils to
                          maximise their skills and abilities         Parent and pupil surveys, records of
                          Pupils and parents views show that          interviews, school council minutes.
                          they value school‟s Equalities policies
                          and are confident that they are
                          implemented

Consequently, the         The school carries out regular,             School/subject area/year group analysis,
outcomes for pupils and   detailed and meticulous analysis of the     minutes of SLT meetings, phase/subject
their experience are      performance of different pupil groups –     meetings, line management/ challenge/
positive and any          in achievement, attendance,                 progress meetings, performance
unevenness between        participation, exclusion and behaviour.     management, GB minutes
different groups is       Group underperformance is identified
minimal or reducing       and effective measures put in place to
rapidly.                  address this. These measures are
                          monitored and evaluated.
                                                                      Tracking and target setting
                          Schools monitoring and tracking of
                                                                      Pupil surveys show that targets are
                          different groups of pupils is highly
                                                                      challenging and achievable and they can
                          effective because it is used to plan
                                                                      see the progress they are making
                          and set aspirational targets to reduce
                          inequalities of outcome

                          The curriculum gives opportunities to       SOW, Lesson observations and work
                          develop understanding of difference         scrutiny records and planning
                          and diversity

                                                                      A high proportion of lessons graded

                                                                                                       139
                             The curriculum, including extended         outstanding
                             school provision is effective in           Pupil feedback show that lessons are
                             engaging pupils and impacts on             engaging and enjoyable
                             achievement.

Monitoring and               Attainment and progress data is            Data analysis showing groups including
evaluation are               analysed by, ethnicity, FSM, and all       combinations of factors and/or small
sophisticated and highly     other groupings in order to identify       groups of pupils
influential in maintaining   potential underperforming groups
and improving the            Rigorous analysis of data looks at         Provision map, intervention plans and
school‟s effectiveness.      combinations of factors e.g.               evaluations
                             WB/FSM/Girl/Maths

                             Analysis leads to planned
                                                                        Departmental or subject action plans,
                             interventions with evaluations of
                                                                        lesson planning
                             outcomes

                             Participation in all aspects of school
                                                                        Evaluations of participation in school
                             life are monitored to ensure equality of
                                                                        clubs, parents evenings and extended
                             access
                                                                        school activities



There is no                  The school has a rigorous procedure        Named person has responsibility plus log
discrimination and           for reporting incidents                    and regular reporting to LA
where there has been         Incidents are managed sensitively and      Log includes notes of actions
any evidence of              where appropriate used to educate          Incidents and actions are reviewed
inequality this has been     and inform rather than to blame and        regularly to inform policy
tackled exceptionally        punish
well.

                             Pupils and staff report that they feel
                                                                        Pupil surveys and staff feedback show
                             they are treated fairly
                                                                        confidence in the school system.




Good                                                                    Evidence

The school articulates       Staff are aware of vulnerable groups       Written Equality policies in place
and pursues ambitious        and develop strategies to minimise         Regularly evaluated
strategies for its           inequalities as part of their practice
                                                                        Incidents and actions are reviewed

                                                                                                             140
particular groups of                                                    regularly to inform policy
pupils who may be           The school has positive and proactive
subject to discrimination   strategies in place to explore and          SOW and lesson observations show that
                            combat discrimination                       all staff are confident to address
                                                                        equalities issues

                            All staff regularly attend training
                            around equalities                           CPD records


                            Equality policy is clearly
                            communicated throughout the learning
                                                                        Displays, assemblies, prospectus,
                            environment
                                                                        newsletters, website etc

                                                                        Pupils and parents feedback show that
                                                                        they aware of school‟s Equalities policies
                                                                        and support them



Concerted action to         School‟s monitoring and tracking of         Analysis of data shows positive trends in
promote equality of         different groups of pupils over time        attainment and progress for all groups
opportunity has resulted    shows their attainment and progress is      Progress meetings show that challenging
in sustained and            improving                                   targets are set for all groups
significant improvement
in the performance and
                                                                        Lesson plans show individuals and
participation of these
                                                                        groups of pupils are targeted
groups.
                            The school provides a broad and             Planning and lesson observations show
                            balanced curriculum and out of school       that the curriculum is inclusive
                            activities that aim to maximise             Pupils report that lessons are engaging
                            participation                               and enjoyable

                                                                        Monitoring of participation in school
                                                                        clubs, parents evenings and extended
                                                                        schools provision

Gaps between different      The school uses robust analysis of          School/ subject area/ year group
groups are closing.         data to identify groups of pupils at risk   analysis, minutes of SLT meetings,
                            of underachievement.                        phase/ subject meetings, line
                                                                        management/ challenge/ progress
                                                                        meetings, performance management,


                                                                                                             141
                                                                    GB minutes

                           The school uses a variety of focussed
                           strategies to close gaps for groups of   Provision map, intervention plans and
                           pupils                                   evaluations


                           Attainment and progress data is          Underachieving groups are clearly
                           analysed by, ethnicity, FSM, and other   targeted in the school development plan
                           pupil groupings and shows that gaps
                                                                    lesson plans, SOW, effective planning of
                           between different groups are
                                                                    support etc.
                           narrowing

The school has             The school development plan              SDP/School/ subject area/ year group
identified where further   recognises success but is not            analysis, minutes of SLT meetings,
improvements can be        complacent and seeks to raise the        phase/ subject meetings, line
made to overcome any       aspirations and attainment of all        management/ challenge/ progress
remaining variations in    groups of pupils                         meetings, performance management,
performance and it has                                              GB minutes
good strategies to
tackle them.
                                                                    Challenging and stretching targets are
                                                                    seen in lesson plans, observations, work
                           The school regularly undertakes
                                                                    scrutiny
                           analysis of data to ensure continued
                           progress in the narrowing of gaps for
                           pupils

Satisfactory                                                        Evidence

The school has             The school monitors pupil and parents    Written Equality policies in place,
pertinent information      participation in school life             available and regularly evaluated
about the precise                                                   SDP shows an awareness of
groups of pupils it                                                 underperforming groups
serves and evaluates
                           Data is analysed by group e.g.
their participation in
                           ethnicity FSM etc                        School/ subject area/ year group
school life and
                           Data is used to measure participation    analysis, minutes of SLT meetings,
performance across the
                           in a range of school activities          phase/ subject meetings, line
curriculum.
                                                                    management/ challenge/ progress
                                                                    meetings, performance management,
                                                                    GB minutes



                                                                                                       142
There is some            The school has identified              Lesson plans, SOW, SDP, intervention
improvement in areas     underperforming groups from data and   and support strategies used with
where the school has     has implemented actions in some        targeted groups
targeted its actions.    areas

                                                                Evidence of progress through tracking
                         Evaluation shows that when             and monitoring
                         interventions are targeted they have
                         led to improvements

                                                                Targetted pupils are monitored and
                         Targeted support and strategies in     tracked through progress meetings
                         place for some groups

                         Support is evaluated to measure
                         impact



       Unsatisfactory schools are where few of the above are in place




                                                                                                   143
Appendix 4.4: SEF Guidance: The effectiveness with which the school
promotes community cohesion



Ofsted will evaluate:
           The extent to which the school has developed an understanding of
            the religious, ethnic and socio-economic characteristics of its
            community in a local, national and global context.
           The extent to which the school has taken an appropriate set of
            planned actions based on an analysis of its context and is evaluating
            the impact of its work.
           The extent to which the school‟s actions have a positive impact on
            community cohesion within the school and beyond.


Ofsted will take account of:


           The quality of the school‟s analysis of its context.
           The extent to which leaders and managers have placed due
            emphasis on each of the three strands of religion, ethnicity and the
            socio-economic dimension in shaping the school‟s response to its
            analysis.
           The extent to which the school has taken appropriate actions to
            contribute to community cohesion within the school and beyond.
           The quality and use made, of the school‟s evaluation of its work
            across the three strands.
           Evidence of the impact of the school‟s work on outcomes, for
            instance in the quality of the pupils‟ spiritual, moral, social and
            cultural development.
           Evidence of the impact of the school‟s work in the local community.




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       The effectiveness with which the school promotes community cohesion:
                                            grade descriptors
Outstanding                                                              Evidence

The school acts vigorously     Robust single equalities policy,          Single equality policy
and successfully, using        regularly reviewed. Staff clearly         Racist incident log
information from an incisive   committed to implementation. Clearly
                                                                         SDP, SOW, notes of SLT,
analysis of its religious,     underpins work and ethos of the
                                                                         governors etc show in depth
ethnic and socio-economic      school.
                                                                         knowledge of communities, their
context at local and           Robust systems in place for reporting     contribution and any issues
national levels to focus its   and dealing with racist incidents.
                                                                         All staff can talk about challenges
exceptional contribution to    Responses to racist incidents lead to
                                                                         and successes of different
community cohesion.            important learning.
                                                                         communities within the school and
                               School regularly gathers relevant         locally
                               detailed information about the local
                                                                         Learning environment ( every room)
                               communities. The process is
                                                                         SOW
                               transparent and sensitive.
                                                                         Departmental action plans
                               Parents and pupils feel confident
                                                                         School calendar and assembly log
                               about its use.
                                                                         Extended school provision
                               All information is analysed by group
                               including, FSM, ethnicity, religion etc   Staff CPD log
                               and compared to national trends.          Composition of staff and governing
                               Information gathered is used to inform    body.
                               positive actions which successfully
                               enhance community cohesion

                               Teaching and non-teaching staff
                               training

                               Recruitment policy for staff and
                               governors

It evaluates its work          School implements innovative              Positive community cohesion audit
rigorously in order to build   approaches to seek views of all           outcomes (in all strands)
on its many strengths.         communities within school and             Questionnaires and interviews
                               beyond.                                   show that local and wider
                               Views expressed are positive towards      communities views are positive
                               the school                                towards the school

                               Excellent leadership of a senior          Reports to SMT and governors

                                                                                                       145
                            member of staff                             Actions integrated into SDP

                            School evaluates its community              Additional community projects show
                            cohesion policy rigorously and can          that groups work harmoniously
                            demonstrate impact and identifies
                            further actions in all three strands.
                            (see Equality, Diversity and
                            Community Cohesion policy p.4))

                            Regular reporting to SMT and
                            governors

The school‟s actions have   School links with other schools locally,    SDP has a focus on community
a markedly beneficial       nationally and globally and projects        cohesion issues
impact on community         are well developed and impact on            Pupils show and can articulate an
cohesion within its local   pupils evaluated                            awareness of local and global
community and beyond        Global curriculum is well developed         issues

                            Opportunities to enrich pupils              SOW and lesson obs show learning
                            understanding of local, national and        around issues relating to the global
                            global issues are included in SOW           curriculum

                            School has a high reputation in the         Media coverage of events
                            local community                             School council minutes
                            School is seen as welcoming and             High admission rates from local
                            encouraging to community                    community
                            involvement
                                                                        Evidence of school building by a
                            Strong community partnerships exist         range of local community groups

                                                                        Extended school and cluster group
                                                                        minutes



The school community is     School seeks to ensure participation        Analysis of evidence of participation
highly cohesive and the     of all pupils in variety of opportunities   of all communities/ families in
pupils have a strong        offered by school life, this is             school life and out of school
understanding of what is    constantly monitored by senior staff        activities.
required to maintain this   Concerted actions taken to engage           Records of participation of those
state.                      those deemed hard to reach                  deemed hard to reach

                            In every classroom and every activity,      Classroom observations
                            including extended school provision,        Pupil voice and surveys
                            pupils work and play noticeably well

                                                                                                     146
                                with a full range of their peers         Playground observations

                                Observations show teachers are           SOW and departmental action
                                confident in dealing effectively with    plans
                                issues and taking opportunities to       Minutes of school council
                                enhance community cohesion
                                                                         Records of focussed learning walks

Good                                                                     Evidence

The school demonstrates         Single equality policy regularly         Single equality policy
that it makes a strong          reviewed, well understood by staff       Racist incident log
contribution to promoting       and influences work of the school
                                                                         Staff CPD log
community cohesion based        The school regularly updates
                                                                         SDP, SOW, notes of SLT,
on a clear analysis of its      information regarding the breakdown
                                                                         governors etc show knowledge of
religious, ethnic and socio-    of its communities
                                                                         communities, their contribution and
economic context.
                                The process is transparent and           any issues
                                sensitive
                                                                         All staff can talk about challenges
                                All information is clearly analysed by   and successes of different
                                group including, FSM, ethnicity,         communities within the school and
                                religion etc.and compared to national    locally
                                trends
                                                                         Composition of staff and governing
                                Information gathered is used to          body
                                promote community cohesion
                                                                         Learning environment
                                Training for teaching and non-
                                                                         SOW
                                teaching staff
                                                                         Departmental action plans
                                Strong systems in place for reporting
                                                                         School calendar and assembly log
                                and dealing with racist incidents
                                                                         Extended school services



                                                                         Evidence of analysis and impact
                                                                         assessment of SOW, teaching
                                                                         strategies, schools linking project,
                                                                         clubs, trips etc

It evaluates its contribution   The school communicates with wider       Evidence of positive community
to community cohesion and       community groups, seeking views and      cohesion audit outcomes (in all
can identify clear impact       evaluating all areas of practice         strands)
but this may be uneven          Views expressed are largely positive     Questionnaires and interviews
across the three strands.                                                show that local and wider
                                Strong leadership by a senior member

                                                                                                      147
                            of staff                                 communities views are positive

                            Regular reporting to SMT and             towards the school

                            Governors                                Reports to SMT and governors

                            The policy and actions identify impact   Actions integrated into SDP
                            and plans further actions                Additional community projects show
                                                                     that groups work harmoniously

                                                                     Evidence of use by community
                                                                     groups including extended school

There are effective plans   School makes links with local ethnic,    SDP has a focus on community
that promote engagement     faith groups and supplementary           cohesion issues
with a range of community   schools                                  Pupils show and can articulate an
groups beyond the school    Also has developing schools linking      awareness of local and global
and the immediate           project                                  issues
community.
                            The global curriculum is in place and    SOW and lesson obs show
                            opportunities to enrich the pupils       learning around issues relating to
                            understanding of local, national and     the global curriculum
                            global issues are included in SOW        Media coverage of events
                            School has a good or improving           School council minutes
                            reputation
                                                                     High admission rates from local
                            School is seen as welcoming to           community
                            community groups
                                                                     Evidence of school building by a
                            Strong community partnerships exist      range of local community groups

                                                                     Extended school and cluster group
                                                                     minutes

                                                                     Action plan developed as result of
                                                                     audits and actions embedded in
                                                                     SDP




                                                                                                 148
The impact of its work is    The school promotes strategies which     Analysis of evidence of participation
felt strongly within the     strongly encourage different pupils to   of all communities/ families in
school and pupils from       work together                            school life and out of school
different backgrounds get    The pupils work and play noticeably      activities.
on noticeably well with      well with their peers                    Records of participation of
each other.
                             Observations show teachers are           Classroom observations
                             confident in dealing effectively with    Pupil voice and surveys
                             issues and taking opportunities to
                                                                      Playground observations
                             enhance community cohesion
                                                                      SOW and departmental action
                                                                      plans

                                                                      Minutes of school council

                                                                      Records of focussed learning walks

                                                                      Pupils show appreciation and
                                                                      knowledge of all groups within the
                                                                      school community

                                                                      Records of participation in extended
                                                                      school activities

Satisfactory                                                          Evidence

The school has taken a set   Single equality policy in place and      Single equality policy
of actions based on an       understood by all staff                  Racist incident log
informed understanding of    Systems in place for reporting and       Staff CPD log
its religious, ethnic and    dealing with racist incidents
                                                                      SDP, SOW, notes of SLT,
socio-economic context.
                             The school collects information          governors etc show knowledge of
                             regarding the breakdown of its           communities
                             community, analyses this and uses it
                                                                      All staff can talk about challenges
                             to develop SDP
                                                                      and successes of different
                             The school seeks the views of groups     communities within the school and
                             in the school and community              locally
                             Training for teaching and non-           Composition of staff and governing
                             teaching staff                           body

                                                                      Learning environment

                                                                      SOW

                                                                      Departmental action plans



                                                                                                    149
                                                                        School calendar and assembly log

                                                                        Extended school services

                                                                        Evidence of analysis and impact
                                                                        assessment of SOW, teaching
                                                                        strategies, schools linking project,
                                                                        clubs, trips etc

                                                                        Evidence of some actions in SDP
                                                                        which relate directly to information
                                                                        gathered and evaluated

It is actively promoting     The school promotes strategies which       Evidence of some Positive
community cohesion within    encourage pupils to work together          community cohesion audit
the school community and     and is engaging with a variety of          outcomes (in all strands)
is reaching out to other     partners in the local community            Questionnaires and interviews
communities.                 School has an identified leader for this   show that local and wider
                             area                                       communities views are mainly

                             Mechanisms are in place to report to       positive towards the school

                             SMT and Governors                          Reports to SMT and governors

                                                                        Actions integrated into SDP

                                                                        Additional community projects show
                                                                        that groups work harmoniously

                                                                        Evidence of use by community
                                                                        groups including extended school

                                                                        Pupils views show some
                                                                        understanding of local, national,
                                                                        global issues

Its work has a generally     The school is developing a school          Pupils show an awareness of local
positive impact within the   linking project                            and global issues
school, which is a largely   The school is developing the Global        SOW and lesson obs show some
cohesive community, but      curriculum                                 learning around global curriculum
there may be only limited
                             The school is generally welcoming          Media coverage of events
evidence of its success in
                             and is beginning to engage with the        School council minutes
promoting community
                             community
                                                                        Evidence of school building by local
cohesion beyond the
                             Generally pupils work and play well        community groups
school.
                             with their peers
                                                                        Extended school and cluster group
                             School is developing partnerships

                                                                                                      150
                            with community.                        minutes.

                                                                   Action plan developed as result of
                                                                   audits.

                                                                   There is some evidence of school
                                                                   linking project but global curriculum
                                                                   is at an early stage.

Evaluation of its work is   Some basic evaluation has taken        Some evidence of participation of
patchy but provides some    place                                  all communities/ families in school
relevant information.       Or                                     life and out of school activities.

                            Evaluation processes are not yet       Classroom observations.

                            detailed or broad enough               Pupil voice and surveys.

                            School may need too improve its        Playground observations.
                            evaluation or improve implementation   SOW and departmental action
                            of the policy.                         plans.

                                                                   Minutes of school council

                                                                   Records of focussed learning walks

                                                                   Pupils show appreciation and
                                                                   knowledge of all groups within the
                                                                   school community.

                                                                   Records of participation in extended
                                                                   school activities.

                                                                   Evidence of pupil participation in
                                                                   activities linked to global curriculum.



     Unsatisfactory schools are where few of the above are in place




                                                                                                 151
Appendix 4.5: Useful documents, websites and contacts on Equality and
                Community Cohesion.

Community Cohesion
Community Cohesion Education Standards for Schools (Home Office; DfES;
CRE, 2004)

www.standards.dfes.gov.uk/pdf/commcohesion.pdf

DCSF Guidance on the duty to promote community cohesion (ref. 00598-
2007DOM-EN)

http://www.teachernet.gov.uk/publications

Our Shared Future (Commission on Cohesion and Integration, 2007)

www.integrationandcohesion.org.uk




Disability Equality
Implementing the Disability Discrimination Act in schools and early years settings
(ref. 0160-2006DOC-EN) DfES Publications, PO Box 5050, Sherwood Park,
Annesley, Nottingham NG15 0DJ www.teachernet.gov.uk/publications

Promoting disability equality in school

http://www.teachernet.gov.uk/wholeschool/disability/disabilityandthedda/g
uidancedisabilityequalityinschools

Disability Equality Schemes (DES) and schools: A duty under the Disability
Discrimination Act (DDA) 2005

http://nationalstrategies.standards.dcsf.gov.uk/node/245305 -

Disability Equality Scheme in Schools - a Self-Evaluation Resource
http://nationalstrategies.standards.dcsf.gov.uk/node/243920 -



                                                                              152
Gender Equality
For detailed guidance on developing, gender equality objectives and a gender
equality scheme, see: The Gender Equality Duty and schools:

www.equalityhumanrights.com/uploaded_files/PSD/1_overview_of_the_gen
der_duty.doc

For further information relating to the Gender Equality Duty, including a model
gender equality scheme for employment, see www.epm.co.uk




Race Equality
Race equality framework published by the Commission for Racial Equality (now
known as the Equality and Human Rights Commission). Details how to write a
Race Equality Policy and how to link into other policies.

http://www.equalityhumanrights.com/uploaded_files/PSD/52_framework_sc
hools.pdf

An Ofsted document that highlights good race equality practice in schools and
how it can contribute to learning and teaching.

http://www.ofsted.gov.uk/Ofsted-home/Publications-and-research/Browse-
all-by/Education/Inclusion/Minority-ethnic-children/Race-equality-in-
education

Practical steps to mainstream race equality into school life provided by the
standards site.

www.standards.dfes.gov.uk/ethnicminorities/resources/Issues_to_Outcom
es_Dec04.pdf

The General Teaching Council for England combines research with practical
strategies and solutions to promote equality.




                                                                                153
http://www.gtce.org.uk/documents/publicationpdfs/promoting_race_equalit
y.pdf

The standards site provides a list of frequently asked questions about race
equality with links for further help and advice.

www.standards.dfes.gov.uk/ethnicminorities/faqs/raceequality

If you have any queries, comments or need any further information, please
contact either:

Francis     Stewart,     ESCA       Consultant     Tel:     020     8288      5651
francis.stewart@merton.gov.uk

Ann Long, ESCA Consultant Tel: 0208 28 85632 ann.long@merton.gov.uk

The Chaucer Centre, Canterbury Road, Morden, Surrey. SM4 6PX




                                                                               154
Appendix 4.6: The Equality Act 2010
               (information provided by the Government Equality Office
                 Jan 2011)




Equality Act 2010:
What do I need to know?
A summary guide for public sector organisations

Forward

The Equality Act 2010 replaces the existing anti discrimination laws with a
single Act. It simplifies the law, removing inconsistencies and making it easier
for people to understand and comply with it. It also strengthens the law in
important ways to help tackle discrimination and inequality.

This summary guide is intended to help public sector organisations understand
what the aspects of the Act coming into force in October 2010 mean for them.


Introduction

The Equality Act 2010 brings together, harmonises and in some respects
extends the current equality law. It aims to make it more consistent, clearer
and easier to follow in order to make society fairer. As a public sector
organisation your responsibilities remain largely the same but there are some
differences that you need to be aware of. These changes are summarised in
table opposite.
There are other guides for employers, business and individuals. The guide for
employers will help the public sector with employment issues.
This series of guides covers key changes that are coming into effect on 1
October 2010.The Equality Act also contains other provisions, including the
new concept of dual discrimination, an extended public sector Equality Duty
and a prohibition on age discrimination in services and public functions. The
Government is looking at how the rest of the Act can be implemented in the
best way for business, and will make an announcement in due course.




                                                                                   155
156
Who has responsibilities

The Act applies to all organisations that provide a service to the public or a
section of the public (service providers). It also applies to anyone who sells
goods or provides facilities. It applies to all your services, whether or not a
charge is made for them.


Who is protected

The Act protects people from discrimination on the basis of „protected
characteristics‟ (these used to be called „grounds‟).The relevant characteristics
for services and public functions are:
       • disability (definition changed)
       • gender reassignment (definition changed)
       • pregnancy and maternity
       • race – this includes ethnic or national origins, colour and nationality
       • religion or belief
       • sex, and
       • sexual orientation.


Disability (changed)
The protected characteristic of disability applies to a person who has a
physical or mental impairment that has a substantial and long-term adverse
effect on their ability to carry out normal day-to-day activities.

What has changed?
To qualify for protection from discrimination, a disabled person no longer has
to show that their impairment affects a particular „capacity‟, such as mobility
or speech, hearing or eyesight.

For further details see the Disability Quick Start Guide


Gender reassignment (changed)
The protected characteristic of gender reassignment will apply to a person who is
proposing to undergo, is undergoing or has undergone a process to change their
sex.

What has changed?
To qualify for protection from discrimination a transsexual person no longer has
to show that they are under medical supervision.

For further details see Gender Reassignment Quick Start Guide.
                                                                                  157
What the law prohibits

Direct discrimination
Direct discrimination in services and public functions happens when someone
is treated less favourably than another person because of a protected
characteristic.

What has changed?
Direct discrimination has been extended to cover disability.

Example:
A local authority advice centre refuses to provide advice that it would normally
provide to a member of the public to Denise, a person with a learning disability,
as staff assume that she will not be able to understand the advice because of her
disability. This is direct discrimination.

Direct discrimination can also occur when a person is treated less favourably
because of a protected characteristic even though that person does not have
the characteristic. For example, it includes a person being treated less
favourably because they are linked or associated with someone who has a
protected characteristic.

Example:
Jonathan is the partner of Kate, who is a resident of a local authority care home.
Jonathan decides to undergo gender reassignment and staff at Kate‟s care home
discover this. As a result Kate is now treated less favourably by staff compared
with other residents. This is discrimination because of association with a
transsexual.


Direct discrimination also includes discrimination because a person is
wrongly thought to have a particular protected characteristic or is treated as if
they do.

Example:
Sam is a local authority tenant who calls the local authority to query an electrical
repair. Sam has a high voice and Bob, the engineer dealing with the query, thinks
that Sam is a woman. Bob is very dismissive of Sam‟s query and refuses to
explain the issue properly because he believes that a woman would not be able
to understand it. This is sex discrimination against Sam because he has been
wrongly perceived to be a woman.




                                                                                    158
What has changed?

Previously protection extending wider than the person‟s own protected
characteristic – such as protection from discrimination because of association
and perception – applied only to race, religion or belief, and sexual
orientation. Now it applies to sex, disability and gender reassignment as well.


Indirect discrimination (extended to disability and gender reassignment)
Indirect discrimination happens when there is a rule, a policy or even a
practice that applies to everyone but which particularly disadvantages people
who share a particular protected characteristic. Indirect discrimination can be
justified if it can be shown that the rule, policy or practice is intended to meet
a legitimate objective in a fair, balanced and reasonable way. If this can be
shown it will be lawful. When considering introducing a new rule or policy, you
should first consider whether there is any other way to meet your objectives
that would not have a discriminatory effect or that is less likely to
disadvantage people who have a protected characteristic. Remember that a
lack of financial resources alone is unlikely to be a sufficient justification.

Example:
A local authority housing department has a policy of reminding tenancy
applicants of forthcoming appointments by telephone. This puts deaf people who
cannot use the telephone at a disadvantage, as they do not receive a reminder of
their appointment. Unless the department can justify its policy of making contact
only by telephone as being a proportionate means of achieving a legitimate aim,
this is likely to amount to indirect discrimination.


What has changed?

Indirect discrimination now applies to disability and gender reassignment as
well as the other protected characteristics.
Note: Pregnancy and maternity is not covered but policies and practices that
would put pregnant women and new mothers at a disadvantage could
constitute unlawful indirect sex discrimination.


Harassment

There is no specific prohibition on harassment related to religion or belief or
to sexual orientation. However, if you harass someone because of their
religion or belief or their sexual orientation, and consequently treat them less
favourably than you would treat someone else, a court would count this as
direct discrimination, which is unlawful.




                                                                                     159
Example:
Janice, a black woman is queuing at the Passport Office when she overhears two
members of staff making racially abusive comments. As this conduct was
unwanted by Janice and it made her feel humiliated and degraded, she can bring
a claim of harassment.


Victimisation
Victimisation occurs when someone is treated badly because they have done
something in relation to the Equality Act, such as making or supporting a
complaint or raising a grievance about discrimination, or because it is suspected
that they have done or may do these things. A person is not protected from
victimisation if they have maliciously made or supported an untrue complaint.

Example:
Fabio makes a formal complaint against his Primary Care Trust because he feels
that the Trust has discriminated against him because he is gay. The complaint is
resolved through the organisation‟s grievance procedures. However, as a result
of making the complaint Fabio is subsequently removed from his GP‟s list. This is
victimisation.


What has changed?
There is now no need for a victim to show that they have been less
favourably treated than someone who has not made or supported a complaint
under the Act. They need only show that they have been treated badly.

Discrimination arising from disability
Discrimination arising from disability occurs when a disabled person is treated
unfavourably because of something connected with their disability and this
unfavourable treatment cannot be justified. Treatment can be justified if it can
be shown that it is intended to meet a legitimate objective in a fair, balanced
and reasonable way. If this can be shown then the treatment will be lawful.
This form of discrimination can occur only if the service provider knows or can
reasonably be expected to know that the disabled person is disabled.


Example:
Vikram, who has an assistance dog, is not allowed to enter his local mobile
library because staff say there is not enough room for his dog. This may be
discrimination arising from disability unless it can be justified (e.g. the dog poses
a genuine health and safety risk as opposed to merely being inconvenient for
staff).




                                                                                   160
Other changes you need to know about

Positive action
Some people with protected characteristics are disadvantaged or under-
represented in some areas of life, or have particular needs linked to their
characteristic. They may need extra help or encouragement if they are to have
the same chances as everyone else. The new positive action provisions enable
public sector organisations to take proportionate steps to help people overcome
their disadvantages or to meet their needs.

Note:
     • There is no requirement to take positive action
     • There is no restriction on treating disabled people more favourably than
        non-disabled people. It is also permitted to take steps to meet the needs
        of people with a particular disability.


Example:
A police force becomes aware of a series of homophobic incidents taking place
locally, most of which seem to be going unreported. Following consultation with
the local lesbian, gay and bisexual (LGB) community which reveals little
confidence that any complaints raised will be investigated fully, the police force
appoints a specific liaison officer to act as the first point of contact between the
service and local LGB residents.


What has changed?
These new provisions are simpler and clearer to use than the previous
provisions, which were complicated and difficult to apply.



Breastfeeding mothers
The Act has specifically clarified that it is unlawful to discriminate against a
woman because she is breastfeeding.

This means that you need to allow women to whom you are providing goods,
facilities or services to breastfeed if they so wish.

Example:
Julie is breastfeeding her baby in a court waiting room. The usher tells her to stop
feeding the baby or go to the ladies‟ toilets to feed it in privacy. This is unlawful
discrimination.




                                                                                   161
Equality, Diversity and Community Cohesion Statement
This statement has been written as part of a consultation process between staff
and students in the context of a working party set up to review and update our
current policies. It has been presented to the Senior Leadership Team,
Governors‟, staff and to the students as part of the consultation process:




                                                                              162
Equality Act 2010
The Equality Act 2010 provides a new cross-cutting legislative framework to
protect the rights of individuals and advance equality of opportunity for all; to
update, simplify and strengthen the previous legislation; and to deliver a simple,
modern and accessible framework of discrimination law which protects
individuals from unfair treatment and promotes a fair and more equal society.

One of the key priorities of the Coalition Government is to support economic
recovery and remove unnecessary burdens on business. The Equality Act 2010
is a major simplification of discrimination legislation that makes the law easier to
understand and comply with and delivers significant benefits for business, public
bodies and individuals.

The provisions of the Equality Act are being brought into force at different times
to allow time for the people and organisations affected by the new laws to
prepare for them. Most of the provisions came into force on 1 October 2010.
The Government is considering how the remaining provisions will be
commenced so that the Act is implemented in an effective and proportionate way.



Latest News

      On 12 January 2011 the Government confirmed that the new public sector
       Equality Duty will be brought into force on 6 April 2011. New draft
       regulations have been published following the consultation in Autumn
       2010, setting out new specific duties which will promote better
       performance of the Equality Duty. The Equality and Human Rights
       Commission has also published guidance on the duty, explaining the
       responsibilities of public sector bodies in England and non-devolved
       bodies in Scotland and Wales. Further information can be found here.
      On 16 December 2010 the Government-commissioned research into the
       prevalence of caste prejudice and discrimination undertaken by the
       National Institute of Economic and Social Research (NIESR) was
       published. The report can be seen on our research page and further
       details can be found here.

                                                                                    163
      On 2 December 2010 the Government announced that it will bring into
       force section 159 of the Equality Act 2010 in April 2011. This will help
       employers achieve a more diverse workforce by giving them the option,
       when faced with candidates of equal merit, to choose a candidate from an
       under-represented group.
      The Government also announced on 2 December that it will not implement
       the gender pay reporting measures in section 78 of the Act while it is
       working with business to encourage the publication of equality workforce
       data on a voluntary basis.
      Theresa May, the Home Secretary and Minister for Women and Equalities,
       announced on 17 November that the Government will not be taking
       forward the socio-economic duty for public bodies, one of the outstanding
       provisions in the Equality Act 2010. See below for further details.
      The Government‟s consultation on specific duties to underpin the new
       public sector Equality Duty closed on 10 November. The responses are
       being considered and an announcement will be made in due course.
      Here is a link to the Commencement Order which brought most of the
       Equality Act 2010 into force on 1 October 2010. A list of the provisions
       which came into force on 1 October is below.
      You can view here the list of all other statutory instruments that are
       relevant to the 1 October commencement package.
      Information about transitional arrangements - how the Commencement
       Order deals with discrimination and related claims arising before and after
       1 October - can be viewed here: Equality Act 2010: Transitional
       Arrangements.
      You can view the Frequently Asked Questions here.
      In addition, the Department for Transport has published guidance about
       the taxi provisions of the Act which came into force on 1 October.

Equality Act provisions which came into force on 1 October 2010

      The basic framework of protection against direct and indirect
       discrimination, harassment and victimisation in services and public
       functions; premises; work; education; associations, and transport.

                                                                                  164
   Changing the definition of gender reassignment, by removing the
    requirement for medical supervision.
   Levelling up protection for people discriminated against because they are
    perceived to have, or are associated with someone who has, a protected
    characteristic, so providing new protection for people like carers.
   Clearer protection for breastfeeding mothers;
   Applying the European definition of indirect discrimination to all protected
    characteristics.
   Extending protection from indirect discrimination to disability.
   Introducing a new concept of “discrimination arising from disability”, to
    replace protection under previous legislation lost as a result of a legal
    judgment.
   Applying the detriment model to victimisation protection (aligning with the
    approach in employment law).
   Harmonising the thresholds for the duty to make reasonable adjustments
    for disabled people.
   Extending protection from 3rd party harassment to all protected
    characteristics.
   Making it more difficult for disabled people to be unfairly screened out
    when applying for jobs, by restricting the circumstances in which
    employers can ask job applicants questions about disability or health.
   Allowing claims for direct gender pay discrimination where there is no
    actual comparator.
   Making pay secrecy clauses unenforceable.
   Extending protection in private clubs to sex, religion or belief, pregnancy
    and maternity, and gender reassignment.
   Introducing new powers for employment tribunals to make
    recommendations which benefit the wider workforce.
   Harmonising provisions allowing voluntary positive action.




                                                                                165
Equality Act provisions to come into force in April 2011

      Positive action in recruitment and promotion
      Public sector Equality Duty

Equality Act provisions the Government is still considering

      Dual discrimination
      Duty to make reasonable adjustments to common parts of leasehold and
       commonhold premises and common parts in Scotland
      Provisions relating to auxiliary aids in schools
      Diversity reporting by political parties
      Provisions about taxi accessibility
      Prohibition on age discrimination in services and public functions
      Family property
      Civil partnerships on religious premises

Ministers are considering how to implement these remaining provisions in the
best way for business and for others with rights and responsibilities under the
Act. Their decisions will be announced in due course.



Equality Act Provisions that the Government has decided not to take
forward

      Socio-economic Duty on public bodies
      Gender pay gap reporting




                                                                                  166
DIGNITY AT WORK – Model procedure for Schools


CONTENTS



1 Introduction and Aims........................................................................................2

2 Principles...........................................................................................................2

3 Scope ................................................................................................................3

4 Standards in applying this procedure.................................................................3

5 Definitions of unacceptable behaviour .....................…………..………….………4

6 Records……….................................................................................................. 5

7 Authority to take action and to conduct appeals …............................................5

8 The role of the Human Resources (HR) department..........................................6

9 The role of the Occupational Health Service (OHS) ..................................…..6

10 Key aspects of the DAW complaints procedure - guidance ........................….6

11 Informal stage ..................................................................................................7

12 Formal procedure ................................................... .........................................7

13 Appeals procedure ....................................................................................….11

14 Sickness absence during the DAW complaints procedure.............................12

15. Employees who leave the School ……………………………...………………….12




Appendix 1 - Examples a) Merton's Code of Conduct b) Unacceptable behaviour

Appendix 2 - Guidance regarding the management of DAW complaints

Appendix 3 - Dignity at Work procedure - Complaints Form




                                                                                                                       167
DIGNITY AT WORK (DAW) PROCEDURE


1 Introduction and Aims


1.1 Purpose – The Council‟s and School‟s Code of Conduct aims to provide
employees with an environment which is free from harassment, bullying and/or
victimisation - and this procedure is designed to manage allegations of
harassment, bullying and/or victimisation at work.


1.2 Line management responsibilities – Line managers and Headteachers are
responsible for creating an environment where employees are aware of both their
rights and responsibilities, so that any discrimination or unacceptable behaviour
involving harassment, bullying and/or victimisation are robustly challenged and
tackled. Note: throughout this procedure reference to line manager will include
Headteacher where appropriate.


Managers, Headteachers and Governors are responsible for treating their staff
fairly and taking prompt action where they are aware of unacceptable behaviour.


1.3 Employee‟s responsibilities – Employees are responsible for treating both
their colleagues and their management with dignity and respect at all times and
for cooperating with the implementation of this procedure, particularly if they are
an alleged perpetrator of unsatisfactory behaviour.


1.4 Statutory requirements - The Health and Safety at Work Act places a
general duty of care on employers to protect the health, safety and welfare of
their employees, and managers are trained to do this. The Protection from
Harassment Act 1997 covers civil offences such as serious bullying or
harassment and criminal offences of assault and all employees should be aware
that they are personally liable for their behaviour. Domestic and European law
makes both the Council, school governors and individual employees liable for
acts of harassment at work.
                                                                                  168
1.5 Employee representation – Trade Union (TU) representatives or workplace
representatives are granted reasonable time off within the appropriate stages of
this procedure to represent staff who make this request.


1.6 Communication of this procedure – Current employees will be informed
about this procedure, and new employees will receive details of this procedure
during their induction. A full copy of the procedure is also available from the
school office on request.


2. Principles – based on ACAS guidance


harassment, bullying and/or victimization


                                                                  as soon as
possible to discuss the complaint and provide for her/him to be accompanied, if
requested




and any other relevant parties as promptly as possible




take all reasonable steps to cease the unsatisfactory behaviour of the perpetrator
as soon as possible




specific wishes and/or health concerns of the complainant, particularly where the
latter wants the unsatisfactory behaviour(s) to cease at the earliest opportunity
and/or the issue resolved at the lowest possible level




any formal DAW investigation and to confirm the complainant‟s right of appeal if
                                                                                    169
s/he feels that the complaint has not been satisfactorily resolved – with any such
appeal meeting held as soon as possible


Governing Body commitment to promote ongoing standards of conduct which
encourage mutual respect and eradicate harassment, bullying and/or
victimization


The following principles will also apply:




her/his concerns openly and without fear


Provision for the alleged perpetrator(s) of the DAW complaint to explain her/his
actions at an appropriate investigatory hearing


Provision for reasonable adjustments to be made as required by the Disability
Discrimination Act


Provision for issues of Child Protection and dealing with Vulnerable Adults to take
precedence.


3 Scope


3.1 Eligibility – This procedure applies to all school employees


3.2 Collective complaints – Where there is a collective DAW complaint the
group of employees should select a spokesperson to express/represent their
concerns e.g. a TU representative or workplace colleague.


3.3 Job titles or roles – Job titles or roles may be changed as a result of
organizational changes. It is the governors responsibility to determine who has
authority to implement the procedure.
                                                                                170
4 Standards in applying this procedure


Managers applying this procedure should:


      Investigate the complaint fully, promptly and with sensitivity to the
       complainant


      Provide for all parties affected by the complaint to present their
       perceptions of the issues raised


      Seek to resolve DAW complaints at the lowest possible level, through
       support, problem solving and active employee involvement


      Provide for the complainant to progress her/his complaint at any stage of
       the procedure


      Illustrate to the complainant that the complaint will be taken seriously


      Have regard to the Equality and Diversity policy


      Maintain confidentiality and privacy at all times


      Maintain appropriate records, having regard to such issues as the Data
       Protection Act 1998




                                                                                  171
5 Definitions of unacceptable behaviour


5.1   The Governors firmly believe that harassment, bullying and victimisation
      are unacceptable behaviour, cause offence and in some instances may be
      unlawful.
      Appendix 1 illustrates examples of the required standards of behaviour
      that have been set through the Merton Code of Conduct. It also outlines
      examples of unacceptable behaviour. (The summary is not exhaustive)


5.2   Harassment is unwanted or unwelcome behaviour and/or conduct, which
      has the effect of violating an individual‟s dignity. It may be related to an
      individual‟s gender, gender identity, disability, race, religion, sexuality, age,
      politics or trade union activities. It may be a single act or continue over a
      period of time.


5.3   Bullying involves undermining the confidence and self esteem of an
      employee through offensive, intimidating, malicious, insulting and /or
      belittling behaviour. It can involve an abuse or misuse of power and
      usually continues over a period of time.


5.4   Victimisation is unfavourable treatment against an employee because
      s/he may have in good faith made a complaint of discrimination under one
      of the Discrimination Acts or made a complaint about bullying or
      harassment or supported another employee in such a complaint.


5.5   Potential disciplinary action – The Governing Body does not tolerate
      any form of harassment, bullying or victimisation and will consequently
      investigate robustly any complaint that is made. Where an investigation
      arising from a DAW complaint indicates that the potential perpetrator has
      breached the School or Council‟s Code of Conduct. The matter will then
      trigger the Discipline procedure.


                                                                                     172
6 Records


6.1       Records are confidential and are kept within the requirements of the Data
          Protection Act 1998, which allows access to records by employees.
          Documents relating to child protection and vulnerable adult investigations
          will be retained, together with a written record of the outcome of the
          investigation, in accordance with local Authority Retention of Records
          Guidance.


6.2 Records will include:
         Details of the complaint made by the employee
         The findings and any action(s) taken
         The decision letter(s)
         Whether an appeal(s) was lodged
         The outcome of any such appeal(s)
         Any subsequent developments.


A factual record of accusations made and decisions reached will be kept on the
personal files of both parties. If disciplinary action is taken warnings will be
expunged in accordance with the Disciplinary procedure.


6.3       Decision letters regarding the resolution of a DAW complaint are kept by
          HR on a confidential basis.




                                                                                   173
7 Authority to take action and to conduct appeals – includes agency staff
managing School employees


7.1     The line manager is responsible for investigating and, where possible,
        resolving a complaint raised by a member of her/his team, using the
        informal and formal stages of this procedure outlined in sections 11 and 12
        below.


NOTE – Where the complaint is against the line manager, the complainant may
elect either to discuss the matter informally with the line manager or refer the
complaint directly to the Headteacher.


7.2     The Headteacher is responsible for investigating and, where possible,
        resolving any complaint made by an employee about her/his immediate
        line manager, using the appropriate informal and formal stages of this
        procedure.


7.3     A panel of governors is responsible for hearing appeals arising from the
        formal stage of the procedure, as outlined in paragraph 13.2.


7.4 .   Complaints against the Headteacher will be handled by the chair of
        governors with advice from the Local Authority as appropriate.




NOTE – Where appropriate, the line manager concerned makes arrangements
for the release of any witnesses and arranges a note taker for any appropriate
formal DAW complaints review hearing and/or appeal hearing.




                                                                                   174
8 The role of the Human Resources (HR) department


The advice of HR may be sought in order to:


         advise on appropriate action(s) at all stages of the procedure.


         seek to ensure fairness and consistency in the application of the
          procedure, and advise on the HR implications of relevant codes of
          practice.


         inform both the employee making the complaint and the alleged
          perpetrator




Where they can obtain support and advice whilst the complaint is being reviewed
e.g. possible support from the OHS and/or persons who are trained to advise on
such cases.




9 The role of the Occupational Health Service (OHS)


9.1       The Occupational Health Service (OHS) is available to arrange
          confidential counselling for those persons involved in the complaint (any
          such counselling must be arranged through HR).




10 Key aspects of the DAW complaints procedure – guidance


10.1      The Governors believe that it is often best for all parties concerned if a
          complaint concerning harassment, bullying and/or victimisation is resolved
          informally wherever possible – as many complainants simply want the
          unacceptable behaviour to stop. In addition, an informal discussion and
                                                                                       175
       agreement often leads to animproved understanding by the alleged
       perpetrator, particularly if s/he is unaware that her/his behaviour is
       unwelcome and unacceptable.
       However, the informal stage does not detract from the seriousness of the
       situation - rather it empowers a complainant with greater flexibility in
       choosing the way forward.


10.2   It is recognised that the sensitive nature of a DAW complaint is such that a
       complainant may not wish to discuss it initially with either the alleged
       perpetrator or her/his immediate line manager. Section 11 therefore
       outlines the informal options that are available to the complainant to
       resolve her/his complaint – whilst section 12 outlines the formal stages of
       the procedure.


10.3   The complainant is advised to keep a record of any instances of
       harassment, bullying and/or victimisation, the action(s) that were involved
       and if there were any witnesses.


10.4   Appendix 2 provides guidance regarding the management of DAW
       complaints, and is available to complainants.




11 Informal stage (conducted by the line manager – unless the complaint is
against her/him)


11.1   The complainant may choose to resolve her/his DAW complaint informally,
       using either or both of the informal processes outlined below.


Stage 1 - Raising the issue with the person causing the complaint


11.2   A complainant who believes that s/he is the subject of harassment,
       bullying and/or victimisation may, if s/he feels able to do so, immediately
                                                                                  176
       tell the individual concerned that her/his behaviour is unwanted or
       offensive and that s/he wishes it to stop. (There is a duty on the
       individual(s) concerned to cooperate). If the complainant feels unable to
       raise the issue on her/his own, s/he may wish to seek support and advice
       from either their line manager, another manager within the
       department, a TU representative and/or a workplace colleague. The HR
       department can advise on the names of other persons within the Council
       who may be able to assist.




Stage 2 – Raising the issue through the complainant‟s line manager


11.3   If Stage 1 above has either been unsuccessful or the complainant elects
       not to discuss the complaint directly with the individual concerned, s/he
       may choose to ask her/his line manager to talk to the perpetrator.
       NOTE - Where the complaint is about the complainant‟s line manager, the
       complainant may instead elect to discuss the complaint informally with
       her/his line manager‟s manager.


11.4   Where the complainant seeks to resolve the complaint informally through
       stages 1 and/or 2 above, s/he may then „transfer‟ to the formal procedure
       outlined in section 12 at any time if s/he considers that the complaint is
       not being satisfactorily resolved.


11.5   For a collective complaint, the designated spokesperson for the group
       should apply the same principles outlined above.




                                                                                    177
12 Formal procedure (conducted by the line manager- unless the complaint
is against her/him)


12.1   If the matter is not resolved informally and the complainant either
       continues to experience unwanted or offensive behaviour and/or considers
       that the matter requires formal action s/he should progress the complaint
       formally, as outlined below.


Submitting a formal DAW complaint
12.2   This formal procedure is designed to investigate complaints of
       harassment, bullying and/or victimisation swiftly and effectively with
       minimum distress to all parties.


12.3   The complainant should use the formal procedure outlined below in the
       following circumstances:


      Where the informal stages outlined in section 11 above have not satisfied
       the complainant or


      Where the complainant elects not to use the informal stages in section 11
       above e.g. if s/he believes that they are inappropriate.


Registering a formal DAW complaint


12.4   The complainant must submit her/his complaint to her/his line manager in
       writing, using the DAW complaints form outlined in Appendix 3 below.
       S/he must answer the questions outlined in the form, sign and date it and
       give it to her/his line manager. Any such formal complaint must normally
       be lodged within 10 working days of the alleged incident concerned –
       unless it is an accumulation of alleged incidents over a period of time. (in
       which case within 10 working days of the latest incident)


                                                                                 178
       NOTE – If the line manager is the source of the complaint the complainant
       should submit the completed DAW complaints form to the Headteacher
       who will then investigate the complaint (in this case all subsequent
       references below to the term „the line manager‟ refer instead to the
       Headteacher‟).


12.5   The line manager registers the complaint formally by acknowledging it
       within five working days of its receipt.


Arrangements for the initial DAW complaints meeting


12.6   The line manager consults the complainant, and her/his representative
       where appropriate, over the date of the initial DAW complaints meeting,
       which should be held without unreasonable delay and normally within
       5 working days of receipt of the complaint.


12.8   The line manager meets with the complainant, and her/his representative
       as appropriate, to review the DAW complaints form, discuss the nature of
       the complaint and consider the proposed resolution. Where appropriate,
       the line manager may be able to take remedial action with immediate
       effect. Where it is clear that misconduct may have occurred by the alleged
       perpetrator, a disciplinary investigation may be considered at this stage.


12.9   Where such immediate remedial action is not possible, the line manager
       may need to substantiate or clarify facts. In these circumstances s/he may
       then decide to hold investigatory interviews with any witness(es)
       nominated by the complainant, and/or the alleged perpetrator(s) of the
       complaint and/or any other relevant person(s). The line manager either
       undertakes these investigation discussions herself/himself or makes
       arrangements, in consultation with the Headteacher for the appointment
       of an appropriate manager to conduct the investigation (hereafter called
       the „Investigating Officer‟)
                                                                                 179
12.10 Any such investigatory interviews are conducted separately with sensitivity
      and with the importance of confidentiality stressed at all times. They must
      be independent and objective with respect for the rights of all parties to be
      properly heard and represented. The investigation process, including any
      statements from the individuals concerned, should be completed within ten
      working days of the receipt of the complaint – as the line manager is
      seeking to investigate and, where possible, resolve the complaint within an
      optimum maximum period of fifteen working days of its receipt. (Where it is
      not possible to investigate and resolve the complaint within fifteen working
      days, the line manager provides an explanation for this and advises the
      complainant when a response can be expected).


12.11 The line manager, in consultation with the Headteacher, reserves the right
      to eliminate any contact between both parties if, for example, one is a
      direct report of the other. For the alleged perpetrator, this may mean either
      a temporary transfer to an alternative area, position and/or department or
      a suspension from duty whilst the matter is under investigation. Any such t
      transfer or suspension is handled sensitively and does not infer any
      implication of guilt. (paragraphs 12.22- 12.23 also refer)


12.12 The line manager/Headteacher may also discuss with HR and/or the OHS
      the possibility of counselling support to any of those involved.


12.13 Where there is an investigation, outcomes are dependent on findings.




Action and outcomes following the investigation process


12.14 When the investigation process is complete, the line manager meets with
      the complainant, and her/his representative as appropriate, as soon as is
      practicable.
                                                                                180
      During the meeting the line manager obtains the views of the complainant
      about the investigation report, discusses any recommendations that have
      been made and, as appropriate, considers the statements made by the
      alleged perpetrator. The line manager then confirms the actions that s/he
      proposes to take to resolve the complaint – and arranges for a written
      record of the meeting to be made which will remain confidential. (although
      it may be presented as evidence at any subsequent DAW appeal and/or
      Disciplinary hearing that may arise)


12.15 The line manager may recommend to the complainant that a joint DAW
      complaints review meeting is held with the alleged perpetrator(s) to
      discuss the findings of the investigations and any proposed resolutions. It
      is emphasized, however, that the onus is on the complainant to decide
      whether or not s/he wishes to participate in any such joint meeting – and
      s/he may therefore elect not to attend if s/he feels that it would be too
      stressful. (If the complainant agrees to any such joint meeting the line
      manager will ensure that it is handled in a sensitive and non adversarial
      manner)


12.16 Where the line manager identifies personal training and development
      issues for the individual(s) concerned, s/he addresses these as soon as
      practicable.


12.17 Where the line manager identifies unsatisfactory working relationships
      s/he takes appropriate remedial action as soon as is practicable, through
      the provision of additional support, training and development, counselling
      and/or mediation as
      appropriate – and this action may involve either the complainant and/or
      the alleged perpetrator as appropriate.




                                                                                  181
12.18 Where appropriate, the line manager reviews working arrangements and
      practices to ensure that unacceptable behaviour is openly challenged and
      eradicated.


12.19 Where the complaint is upheld the proposed remedial action(s) is
      implemented as soon as possible - and aimed at preventing any repetition
      of the matters causing the complaint.


NOTE – For the proposed actions outlined in 12.16 –12.19 above, the line
manager may take account of advice from HR, the Learning and Development
section and/or the OHS as appropriate.




Communicating the outcome of the DAW complaints meeting to the
complainant


12.20 Where possible, the line manager gives the decision and the reasons for it
      verbally to the complainant on the day of the DAW complaints meeting
      outlined above. S/he also provides in writing within five working days a
      decision letter confirming either that there is prima facie evidence for
      upholding the complaint or that the complaint is not upheld, the reasons
      for the decision and any remedial action that is being taken, which may
      include investigating the actions of the alleged perpetrator(s) within the
      terms of the Discipline procedure. The line manager also confirms to the
      complainant the person to whom an appeal can then be made if the
      complaint is not upheld or the complainant feels that the proposed
      remedial action will not resolve his/her concern. (Any such appeal must be
      made within five working days of the date of the decision letter – see
      Section 13 below)




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Subsequent progress review with the complainant


12.21 The line manager meets with the complainant after an appropriate interval
         to check that the matter is resolved or otherwise contained e.g. possible
         fortnightly meetings for up to 2/3 months as appropriate.


Discussions with the alleged perpetrator, including potential Disciplinary
action


12.22 Where the line manager believes that there are prima facie breaches of
         Merton‟s Code of Conduct by the alleged perpetrator(s), s/he may
         consider that there are potential grounds for disciplinary action. In such
         cases, the line manager, writes to the alleged perpetrator(s) outlining the
         reasons for her/his concerns - including, where appropriate, any proposed
         remedial action and/or any proposed referral to the Discipline procedure.
         Where disciplinary proceedings are commenced they must then, under
         employment legislation, be conducted as a separate process within the
         terms of the Discipline procedure – and cannot be determined by the DAW
         procedure.


12.23 Where disciplinary proceedings are invoked in relation to a DAW
         complaint, the line manager with the appropriate authority arranges for an
         investigation to be held at the appropriate stage of the Discipline
         procedure - with the DAW-based complaints investigation report and the
         subsequent summary of the DAW complaints review meeting used as the
         key reference documents for the Disciplinary investigation. The rights of
         the alleged perpetrator will then be in accordance with the Discipline
         procedure – and the procedures set out in this (DAW) document should
         not inhibit any action that may be taken under the Discipline procedure.
         Although the line manager may request the complainant to attend any
         such DAW -based Disciplinary investigation hearing involving the alleged
         perpetrator, the complainant may elect not to attend any such hearing e.g.
                                                                                      183
       if s/he believes that it would be stressful (recognising that the cause(s) of
       her/his DAW complaint will have already been documented during the
       initial DAW complaints review/investigation process).




13 Appeals procedure


13.1 The complainant may appeal on the following grounds: -


      The procedure – a failure to follow procedure had an effect on the decision
       and/or


      The decision – where the manager decides not to uphold the complaint
       and/or


      Proposed remedial action – where the complainant considers that the
       proposed remedial action will not resolve her/his concerns (subject to the
       NOTE below) and/or


New evidence – has come to light since the DAW complaints hearing, and was
not reasonably available at the time of that hearing.




NOTE In accordance with paragraph 12.22 above, there is no right of appeal
either where disciplinary proceedings are already being progressed against the
alleged perpetrator(s) and an outcome has yet to be determined or against the
outcome of any disciplinary proceedings that have been concluded against the
alleged perpetrator(s).




                                                                                  184
13.2 Appeal to Governors


Subject to the grounds outlined in paragraph 13.1 above, the complainant may
appeal in writing to a panel of governors (addressed via the Clerk to the
Governors) within 5 working days of the date of the decision letter.
The appellant must provide a written statement using the DAW complaints form
outlined in Appendix 3 - stating why s/he remains dissatisfied, as outlined in
paragraph 13.1 above. The completed form is submitted to the appeals panel
together with any other supporting evidence e.g. the decision letter outlined in
paragraph 12.20 above. The Clerk acknowledges the complaints appeal within
five days of its receipt.
The appeals panel investigates the facts of the DAW complaints appeal and
seeks to meet and respond to the appellant within 15 working days of receipt of
the appeal letter.
The decision of the panel is confirmed in writing, as outlined in paragraph 12.20
above.
There is no level of appeal beyond this


NOTE - For an appeal involving a collective complaint, the designated
spokesperson should apply the principles outlined above on behalf of her/his
group.


14 Sickness absence during the DAW complaints procedure


14.1     Where either the complainant or the alleged perpetrator is unfit to attend a
         scheduled investigation meeting or a DAW complaints review meeting
         s/he must provide a medical certificate confirming that s/he is incapable of
         attending the meeting.


14.2     Where sickness absence has made it impossible to arrange a DAW
         complaints review meeting under section 12 above within twenty working
         days, the manager should cancel the scheduled meeting and write to the
                                                                                   185
       complainant with the proposed resolution and confirm the name of the
       person to whom the complaint can be referred if s/he remains dissatisfied.


15 Employees who leave the School


15.1   It is recognised that an employee who has raised a DAW complaint may
       leave the School‟s employment during the course of the DAW complaint
       investigation process. If the employee wishes to pursue her/his
       outstanding DAW complaint, s/he should implement the process and
       principles outlined in Section 14 of the (separate) Grievance procedure –
       and the employee‟s line manager and/or HR department will advise on the
       process to be used.




                                                                              186
Appendix 1
Examples of a) Merton‟s Code of Conduct and b) Unacceptable behaviour
This list is not exhaustive, but is illustrative.




Mertons Code of Conduct –                      Examples of Unacceptable
„Best Practice‟ standards                      Behaviour
Respect and value colleagues                   Insensitive jokes and comments
                                               including unwanted nicknames,
                                               mimicry, abuse relating to the personal
                                               characteristics of the individual


                                               Impolite or discourteous behaviour




Sensitivity of comments to colleagues          Unwelcome comments about
                                               appearance or beliefs


                                               Negative stereotyping




Proper use of IT systems                       Accessing/distributing offensive
                                               material from the internet


Consensual approach to relationships           Requests for sexual favours.
                                               Displays of „pinups‟ in any format and
                                               offensive posters
Respect for privacy and different              Intrusive speculation about private life
cultures and lifestyles                        and/or sexual activities



                                                                                     187
                                          Threatened physical violence or actual
                                          violence of any type


                                                              sal or loss of
                                          promotion for any reason
Inclusion of work colleagues              Deliberate exclusion from
                                          conversations, social activities.


                                          Shouting at a work colleague in public
                                          and/or in private


                               rmance – Unfair or unjustified criticism and
including ongoing 1 to 1 meetings         persistent reminders of past failings


appraisal process to review past          setting unreasonable workloads
performance, agree forward objectives
and identify appropriate learning         tight supervision
activities
                                          leave and or learning activities




NOTES
In summary, the Merton Code of Conduct requires management and staff to:
      Set a good personal example
      Challenge and/or report any such unacceptable behaviours – either to the
       line manager and/or to the HR department




                                                                                  188
Appendix Two
Dignity at Work procedure
Guidance regarding the management of DAW complaints


This brief summary provides guidance about managing complaints about alleged
harassment, bullying and/or victimisation (collectively called Dignity at Work)
as/when they arise, and the framework that the Council and School currently
operates to engender a positive DAW environment.


1. Options available to a DAW complainant


An employee who suffers inappropriate DAW behaviour has the following
options:


      S/he may feel able to speak to the alleged harasser directly to express
       their concerns and ask that the behaviour is ceased.
      Alternatively, s/he can approach someone that they trust and whom they
       think will understand their feelings e.g. their line manager, another
       manager within the department, a TU representative or a workplace
       colleague. S/he may request that this person speaks with the alleged
       perpetrator or simply acts as a „sounding board‟.
      S/he can implement the formal stages of the DAW procedure – particularly
       where any prior informal discussions have not stopped the harassment,
       bullying and/or victimisation.


Section 4 below consequently outlines examples of inappropriate DAW
behaviours. In addition, Section 5 outlines the framework that the Council and
School operates to achieve a positive DAW environment.


It is emphasised that the complainant may elect to „transfer‟ her/his complaint
from the informal stage of the DAW procedure to the formal stage at any time
                                                                                  189
e.g. if the informal process has not resolved the unsatisfactory behaviour(s).
Conversely, the complainant may elect to invoke the formal stage of the
procedure with no prior informal discussions.


2. The informal approach – potential support for the complainant


It is important that the complainant feels able to speak to someone whom they
can trust and have confidence in e.g. possibly a person of the same sex or ethnic
background. S/he may consequently elect to approach either their line manager,
a colleague, the OHS, a Trade Union representative and/or a workplace
colleague.


Any such „facilitator‟ who is approached in this way should ensure that they find a
quiet place to discuss the issue without interruption or being overheard, listen
carefully, make notes to ensure that they remember everything and then explore
the options open to resolve the issues concerned. The „facilitator‟ concentrates
on how the alleged behaviour has made the complainant feel because, although
it is possible that the facilitator‟s reaction to the set of circumstances may have
been different, the important issue is whether the behaviour of the alleged
perpetrator has made the complainant fell harassed, bullied and/or victimised. It
is important that the complainant does not feel that s/he will be judged as being
„too sensitive‟ or „over-reacting‟ and/or made to feel that they must „suffer in
silence‟.


3. Management responsibilities – handling a DAW complaint


The over-riding principles in dealing with a DAW complaint are that they must be
taken seriously, addressed speedily and dealt with on a strictly confidential
basis.


Any employee with a DAW complaint has the right to be listened to and given
sympathetic and informed advice on how the matter may be resolved. There are
                                                                                   190
usually a number of different options and the way of responding will depend
largely (although not entirely) on the complainant‟s view of how they feel the
matter can best be tackled. If in any part of the DAW procedure a lack of
knowledge of the English language or a hearing impairment is identified by the
complainant/alleged perpetrator, an interpreter and/or a sign language should be
offered as necessary.


The responsibility for dealing with DAW complaints rests with management - and
not the complainant. It is therefore essential that both managers and employees
are fully aware of the unacceptable behaviours that constitute harassment,
bullying and/or victimisation and the serious attitude that will be taken by the
Council and School. Although such behaviours may be knowingly or unknowingly
performed, it is essential that the perpetrator understands how her/his actions
have made the complainant feel and learns not to do it again.


Where the manager has required that remedial action is undertaken by the
perpetrator(s), s/he should then monitor with the complainant that the
unsatisfactory behaviour of the perpetrator(s) has ceased eg by holding a one to
one progress meeting with the complainant on, say, a fortnightly basis for 2/3
months.


4. Examples of harassment, bullying and victimization


NB This summary supplements the definitions/examples outlined in the DAW
procedure.


Harassment - examples
Harassment is unwanted, unreasonable, offensive, intimidating or insulting
behaviour of either a sexual or racial nature by one employee towards another,
whether made by a male or female. Such behaviour can amount to harassment,
even if it is intended innocently; and employees must recognise that what is
acceptable to one employee is not acceptable to another.
                                                                                   191
Sexual harassment - examples include:


      Insensitive jokes and comments
      Comments about appearance
      Unnecessary body contact
      Displays of sexually offensive material, e.g. pin-ups
      Requests for sexual favours
      Speculation about another‟s private life and sexual activities
      Threatened or actual sexual violence
      Threat of dismissal, loss of promotion etc for refusal of sexual favours
      Any other unwanted sexual advances




Racial harassment – examples include:
      Insensitive jokes and comments
      Mimicry
      Deliberate exclusion from conversations
      Threatened or actual violence on racial grounds
      Any other racial abuse


Gender Identity harassment – examples include


      Insensitive jokes and comments
      Speculation about another individual‟s gender
      Failure to address a person by his/her proper name
      Invasive enquiries about an employee‟s medical history or genitalia
      Specific comments on characteristics such as facial hair, vocal pitch, and
       body shape or size
      Drawing unwelcome attention to an individual's gender identity
      Exclusion from normal workplace conversation or social events
                                                                                  192
      The circulation or display of offensive material relating to gender identity


Disability harassment – examples include


      Insensitive jokes and comments about the individual‟s disability
      Derogatory remarks and patronising behaviour
      Drawing unwelcome attention to an individual's disability
      The circulation or display of offensive material relating to disability
      Exclusion from normal workplace conversation or social events based on
       an individual‟s disability
      Discussion of the effects of a disability on an individual's personal life
      Uninvited touching of, or staring at, an individual‟s disability
      Inappropriate questioning about the impact of someone‟s disability
      Mockery, taunts or jibes regarding personal attributes
      Refusal to work alongside a person with a disability
      Communicating with a person with a disability via a third party
      Prejudging an individual‟s capabilities without reference to her/him


Religious harassment – examples include:


      Insensitive jokes and comments
      Remarks about an individual's religion or religious garments
      Drawing unwelcome attention to an individual‟s religious beliefs
      Exclusion from normal workplace conversation or social activities based
       on an individual‟s religious belief
      The circulation or display of offensive material related to religion




                                                                                    193
Sexuality harassment – examples include


      Insensitive jokes and comments
      Innuendo or gossip in reference to an individual‟s sexuality
      Expressing or acting on stereotypical assumptions
      Failure to accept that same-sex partners should be recognised in
       appropriate circumstances
      Threats of disclosing sexuality
      Drawing unwelcome attention to an individual‟s sexuality
      The circulation or display of offensive material related to sexuality
      Exclusion from normal workplace conversation or social activities based
       on an individual‟s sexuality


Ageist harassment – examples include


      Insensitive jokes and comments
      Expressing prejudicial assumptions about abilities based on chronological
       age
      Drawing unwelcome attention to an individual's age
      The circulation or display of offensive material related to an individual‟s
       age
      Exclusion from normal workplace conversation or social activities based
       on an individual‟s age


Harassment on the grounds of Political or Trade Union Affiliation or
Conviction


      Embarrassing or derogatory comments regarding an individual‟s
       membership or non-membership of a Trade Union
      Embarrassing or derogatory comments about an individual‟s political
       beliefs

                                                                                     194
      Drawing unwelcome attention to an individual's trade union membership or
       political convictions
      Exclusion from normal workplace conversation or social activities based
       on an individual‟s trade union membership or political convictions
      The circulation or display of offensive material related to an individual‟s
       trade union membership or political convictions


Bullying


Bullying is unreasonable, offensive, intimidating or insulting behaviour which
makes the recipient feel upset, threatened, humiliated or vulnerable and/or
undermines confidence – which may cause stress. It involves criticism of a
person, rather than their mistakes. Bullying can occur at any level and is not
confined to management or supervisory relationships Generally, bullying takes
the form of a pattern of behaviour rather than a single event.


Examples include:
      Shouting at staff in public and/or in private
      Instantaneous rage, often over trivial matters
      Unfair or unjustified criticism
      Humiliating or disparaging remarks about an individual‟s ability, personality
       or characteristics – including physical isolation from other workers.
      Persistent reminders of past failings
      Unreasonable change of duties e.g. giving menial or pointless tasks
      Unreasonable refusal of requests for leave, training, etc.
      Setting unreasonable workloads, standards, impossible targets and/or
       deadlines – thereby undermining responsibility
      Unnecessarily detailed checking of work, excessively tight supervision
      Threatened or actual violence
      Any other abusive behaviour


                                                                                     195
Victimisation


Victimisation is unfavourable treatment against an employee, compared to
her/his colleagues. The causes are various – but could arise, for example, where
an employee has made a complaint against a particular employee e.g. a possible
discrimination complaint or use of the „whistleblower‟ provisions.


5. Generating a positive DAW culture
The Governing Body is committed to creating a working environment where there
are no incidents of harassment, bullying or victimisation. The framework includes:


Training and education


All new employees are briefed at induction about the Schools robust policy
towards harassment, bullying and victimisation – and it is stressed that all
complaints of harassment, bullying and/or victimisation are treated very seriously.
In addition, the Council provides occasional workshops for staff and managers on
harassment, bullying and victimisation in the workplace.


Removal of offensive materials


The Council and Governing Body discourages the display of offensive materials
such as pin-ups and posters, and, where necessary, inspects work areas and
removes offending materials.


Creating a positive DAW environment – management behaviours


The Council and Governing Body recognises the sensitive nature of complaints
of harassment, bullying and victimisation and that individuals may either feel
embarrassed or afraid to make a complaint.


                                                                                 196
Managers are therefore required to set a positive example and to investigate and
resolve any DAW complaints that arise as soon as possible - and are subject to
the Discipline procedure if they breach the DAW standards required.


6. Further advice


Members of both the departmental and corporate HR teams are experienced in
dealing with such DAW complaints- and are available to advise managers,
employees, and TU representatives on a confidential basis at any stage of the
informal or formal DAW procedure.


Appendix 3
Dignity at Work procedure – Complaints Form
THIS FORM IS STRICTLY PRIVATE AND CONFIDENTIAL
TO – SEE NOTE BELOW


Name of complainant: …………………………… Job
Title………………………………


Department: …………………………………….
Section………………………………….


1 Have you either discussed your complaint informally with your manager or
raised it at an earlier formal stage of the Dignity at Work complaints procedure?
Yes/No


2 If yes, please state when you did this, why you remain dissatisfied with the
outcome and your proposed resolution. If you have already raised the complaint
formally, please provide a copy of your original DAW complaints form(s) and the
response.



                                                                                 197
3 If no, please outline below the nature of the complaint and, where possible,
provide background details e.g. names of witnesses, dates and places, as
appropriate.




4 Please state how and why the complaint affects you.
                                                                                 198
5 What would you like to happen now as a result of your complaint?




6 Who do you wish to accompany you at any DAW complaints resolution
meeting?
What is their NON availability during the next ten working days?



                                                                      199
Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date: . . . . . . . . . . . . . . . . . . . . . . .


NOTE
1. Please give this completed DAW complaints form and any attachments to your
line manager
– or to your line manager‟s manager if the complaint concerns your line
manager.
2. If this DAW complaints form is an appeal please send it to the clerk to the
governors NB please continue on an additional sheet if required.




                                                                                                                      200
4.8 Anti-Bullying Policy




Ricards Lodge High School - Anti-Bullying Policy


Vision Statement

The school‟s view on bullying is encompassed in the following Equality, Diversity
and Community Cohesion Statement.



EQUALITY, DIVERSITY AND COMMUNITY COHESION STATEMENT



In accordance with the aims of Ricards Lodge, we are a school that recognises
and celebrates the similarities and differences in our community.


We strive to establish a culture and environment where each individual is valued,
and where appreciation is given to everyone‟s age, disabilities, gender, gender
reassignment, marriage and civil partnership, pregnancy and maternity, race,
religious belief, sex and sexual orientation. We are committed to ensuring that
we treat each other and those in the wider community with dignity and respect.


Equality, diversity and community cohesion issues are addressed within our
curriculum where age, disabilities, gender, gender reassignment, marriage and
civil partnership, pregnancy and maternity, race, religious belief, sex and sexual
orientation are regularly considered. Our curriculum is designed to encourage all
to develop the skills necessary to become full members of society developing
their abilities and reaching their potential.


We respect the equal rights of our students, staff and other partners in the school
community. In particular, we will comply with and implement the schools single
Equality, Diversity and Community Cohesion Policy.

                                                                                201
Definition of Bullying Behaviour



DSCF states that;


Bullying is defined by the DCSF as “Behaviour by an individual or group,
usually repeated over time, that intentionally hurts another individual or group
either physically or emotionally.


Bullying can take place between pupils, between pupils and staff, or
between staff; by individuals or groups; face-to-face, indirectly or using a
range of cyberbullying methods.


Pupils are bullied for a variety of reasons – and for no reason. Specific
types of bullying include: bullying related to race, religion or culture; bullying
related to special educational needs (SEN) or disabilities; bullying related to
appearance or health conditions; bullying related to sexual orientation;
bullying of young carers or looked-after children or otherwise related to home
circumstances; sexist or sexual bullying.


Bullying can seriously damage a young person‟s confidence and a sense of self-
worth, and they will often feel that they are at fault in some way. It can lead to
serious and prolonged emotional damage for an individual. Those who conduct
the bullying or witness the bullying can also experience harm, and the impact on
parents and school staff can be significant.


DCSF March 2010




                                                                                     202
Creating a Positive Climate at Ricards Lodge High School


At Ricards Lodge we aim to take a preventative approach to bullying and create
an atmosphere where students feel secure enough to speak up if they are
involved in or aware of bullying. We do this is in a number of ways.


      Weekly Key Stage and Year Group assemblies that link to the SEAL
       question of the week and events relevant to the Year Group.


      Weekly SEAL question of the week discussed through assemblies and
       tutor times giving all students the opportunity to discuss social and
       emotional issues.


      Each Year 7 tutor group has a Year 11 „Buddy‟ who is attached to the tutor
       group and attends tutor time once a week. The Buddy works alongside
       the students helping them with any problems they may face in school and
       to support the transition into secondary school.


      School participates in the annual Anti Bullying Week through assemblies,
       workshops with the school council and raising the profile of our YTC
       service.


      Ricards Lodge has an active School council where workshops and
       discussions on bullying have taken place. Students have shared ideas
       with staff and students on bullying.


      We have reviewed our Equality Diversity and Community Cohesion policy
       and will actively ensure it is embedded in our school working and practice.


                                                                               203
       Students and staff will be invited to join a working party. Timetabled
       meetings are part of the school calendar.


      Students can seek counselling themselves from the YTC (Youths That
       Care) the school‟s peer counselling service. The YTC room is staffed
       every lunchtime by trained students. The service is partially confidential
       but the students are clear about their boundaries and when matters are
       serious and need to be referred to an adult. Every member of the YTC
       has taken part in a two day Cyberbullying training run by BeatBullying.


      Confidential counselling is also available weekly in school. The service is
       provided by Merton YAP (Youth Awareness Project). Students can self
       refer directly to the counsellor or through their Head of Year.


      Ricards Lodge High School promotes the use of a positive Behaviour for
       Learning Policy (see separate policy).




Reporting and Recording Bullying


If a student wants to discuss or report a bullying incident at school they can do so
in the following ways;


      Through a Buddy
      At the YTC
      Through any member of staff at school
      Tutor
      Pastoral Leader (AHOY,HOY, SLT)
      Inclusion Team




                                                                                    204
Incidents of bullying must be recorded on SIMS under „Behaviour‟ this enables
information to shared with tutors, DHOY, HOY and SLT. It also allows HOY and
SLT to monitor bullying incidents in their Year Group and as a school and act
accordingly. This is then used to inform the development of our policy and assist
us with identifying training needs for both staff and students/


If parents/carers are concerned about bullying their first point of contact is their
daughter‟s tutor and Assistant/Head of Year who can be contacted via the
student planner or the main school office.


When it is clear that a student has been bullied or has acted as a bully
parents/carers need to be informed by a Pastoral Leader.


Responding to Bullying Incidents


Any report of an incident to do with bullying MUST be taken seriously. Under no
circumstances should a student be told to go away and deal with it themselves.
All incidents of bullying need to be reported to the relevant pastoral team starting
with the tutor.


Perpetrators of bullying must be dealt with in a way that makes clear our non-
acceptance of bullying behaviour, and the seriousness with which we take it.
Strategies and sanctions will depend on the circumstances of an individual case,
including the type of bullying that has occurred e.g physical or emotional. The
overall aim should be to stop the bullying occurring.




                                                                                   205
All colleagues involved in addressing an issue involving bullying should take
practical steps to protect the victim. Strategies may depend on the circumstances
and the wishes of the victim, but should ensure that she feels safe. It will usually
be appropriate to establish a named person for the victim to refer to if problems
persist. The victim may be offered strategies to help her cope with situation and
her emotions but is should never be suggested that bullying is the fault of the
victim. It may be appropriate to arrange support from our Counselling Service.




One or more of the following strategies will be appropriate:


      Making clear to the bully the impact of her words/actions
      Emphasising that bullying must stop
      Arranging a suitable apology or reparation
      Involving other students to support the bully and/or victim –
       YTC/Buddy/JLT
      Drawing up an agreement to be signed about future behaviour
      Getting the bully (and sometimes other students) to suggest ways in which
       they can improve the situation
      Provide support for our EAL students
      Contacting the parents of the bully and the person who has been bullied
      Using normal school sanctions in a stepped approach (see Behaviour for
       Learning Policy)
      Referring the bully/student who has been bullied to YTC Student
       Counsellors or the School Counsellor.
      Refer to the Equality, Diversity and Community Cohension Policy
      Refer to the Home School Agreement
      Create an opportunity to for the bully and the bullied to work together as
       part of a conflict resolution process.




                                                                                  206
        In the case of Cyber bullying incidents student and parents should be
         advised not to reply, save it and tell someone. It will be appropriate to
         involve our e-safety officer.
        Work with a whole tutor group using additional services if required e.g
         PCSO/SENCO.


If bullying continues despite having taken these steps further action will need to
be taken. This should be discussed with a member of the SLT and ensure an
appropriate response is made. The action must consider any social, emotional
and behavioural difficulties of the student.


Any student who continues to harass another student will need further work and
help. The student must be referred to our School Inclusion Panel. If considered
appropriate the student‟s behaviour maybe discussed with the school‟s
Educational Psychologist. A series of stepped sanctions may be necessary in
certain circumstances. These may include exclusion from school.




Students can also seek counselling themselves from the YTC (Youths That Care)
the school‟s peer counselling service. It is staffed daily at lunchtime by trained
students. The service is partially confidential but the students are clear about
their boundaries and when matters are serious and need to be referred to an
adult.


Confidential counselling is also available weekly in school. The service is
provided by Merton YAP (Youth Awareness Project). Students can self refer
directly to the counsellor or through their Head of Year.


The process used should be recorded, and the ongoing situation should be
monitored.



                                                                                     207
Monitoring, Review and Consultation


This policy will be reviewed annually by the member of SLT with responsibility for
this policy. Other groups who must be involved in the policy review are; Pastoral
Middle Leaders, the School Council and the Parent Body. The re-draft must
finally be presented to the Governing Body for final approval.


During the consultation process 2010-2011 the policy was discussed with
Pastoral Leaders, Parents through Friends of Ricards and the School Council.
We were also able to use the results from the Tell Us survey that was completed
by Year 8 and 10 students in the Autumn term 2010. Links with these groups will
continue as the policy develops.


Roles and Responsibilities


A member of the Senior Leadership has overall responsibility for bullying related
issues. All members of staff have responsibility for dealing with, reporting and
managing bullying incidents. Monitoring of bullying incidents alongside other
behaviours are carried out every term by HOY and reported back to their line
manager and the SLT member who has overall responsibility for the policy.


This policy is a revision of our former guidelines and was produced in June 2010
Annabelle Taylor in partnership with stakeholders.


1. Links to other policies.
2. Behaviour for Learning
3. Complaints
4. Attendance
5. Dignity at Work
6. EDDC



                                                                                   208
Appendix of Action


The ICT and Technology Department with the Citizenship/PSE department must
review the teaching of E-safety in the curriculum to ensure it is update with the
technology and concerns.


The PSE/Citizenship team together with Pastoral Leaders need to review the way
the school manages Homophobic bullying.


The SLT member with responsibility for E-safety to lead an annually training
session for the school council.




                                                                                    209
4.9 Family Support Provision Policy




Family Support
Provisions
Including
Adoption Rights (and Long Term Fostering)
Family Emergency Leave
Flexible Working Provisions
Maternity Rights
Parental Support Leave
Paternity Leave




Created 4/7/03

Amendment Schedule

Updated 08/04/08

Updated 24/08/07

Updated 20/03/07

Updated 1/5/06

Updated 30/6/05

Updated 14/4/05
                                            210
Family Provisions


Contents                                             Page
Introduction                                              3
Adoption Rights                                           4
Family Emergency Leave                                    9
Flexible Working Provisions                               11
Maternity Rights                                          15
Parental Support Leave                                    26
Paternity Leave                                           27
Protection from Detriment and Dismissal                   30


Forms


Application for Adoption Leave & Pay                      31
Application for Fostering Leave & Pay Application for     32
Maternity Leave & Pay                                     33
Application for Parental Leave                            34
Application for Paid Paternity Leave & Self Certificate   35
Risk Assessment for Expectant Mothers                     36



                                                               211
Introduction


The authority supports the entitlement of all members of staff to leave and, where
appropriate, pay under the Family Support Provisions.


The Family Support Provisions encompass all support that can be given to a
member of staff who is adopting a child, expecting a child, whose partner is
expecting a child or who requires leave to look after a child. The Family
Emergency Leave provisions also allow time off for staff to look after or make
alternative arrangements for family members.


The Council actively supports and promotes equality and diversity in its
application of these provisions for all staff.


As a result managers will ensure that all staff that apply for Family Provisions are
treated fairly and equitably.


The 2004 Civil Partnership Act provides same sex couples who form a civil
partnership, with parity of treatment in a wide range of legal matters with those
opposite sex couples who enter into a civil marriage. This document recognises
the Act and covers all Civil Partnerships.


ADOPTION RIGHTS


The Central Operations Team will offer guidance and support to ensure that all
prospective adoptive parents or long-term fosterers receive the appropriate
entitlement to leave and pay under this provision.


Please contact the Central Operations Team at the Civic Centre, London Road,
Morden, Surrey SM4 5DX, for guidance.



                                                                                    212
Statutory Rights to Leave and Pay
Adoption Leave and Pay is Available to:


Individuals who adopt
One member of a couple where a couple adopt jointly (the couple may choose
which partner takes adoption leave)


The partner of an individual who adopts, or the other member of a couple who
are adopting jointly, may be entitled to paternity leave and pay (see Paternity
Leave Section).


Start Dates


Paid adoption leave will be available to you when an approved adoption agency
notifies you of a match with a child and you have agreed the date of placement.


Eligibility


To qualify for adoption leave, you must:


       be the child‟s adopter
       be *newly matched with a child (up to age 18) for adoption by an approved
        adoption agency
have worked continuously for the Authority for 26 weeks leading into the week in
which you are notified of being matched with a child for adoption


*Adoption leave and pay is not available in circumstances where a child is not
newly matched for adoption, for example when a step-parent is adopting a
partner‟s children.




                                                                                  213
Length of Adoption Leave


You must have been continuously employed by the London Borough of Merton
for at least 26 weeks to qualify for ordinary adoption leave of 26 weeks and
additional adoption leave of a further 26 weeks making a maximum total absence
of 52 weeks.


      Ordinary adoption leave will normally be paid leave,
      Additional adoption leave will usually be unpaid.


You can choose to start your leave:


      from the date of the child‟s placement (whether this is earlier or later than
       expected), or
      from a fixed date which can be up to 14 days before the expected date of
       placement notified to Merton.


Leave can start on any day of the week.


Keeping in Touch Days


Keeping in touch days have been introduced, during which you can agree to work
without that work bringing the period of leave to an end, and without loss of a
week‟s statutory adoption pay.


You can carry out up to 10 days‟ work during the adoption leave period. This
applies to the entire period of adoption leave. Working for part of a day will
count as one day‟s work.




                                                                                  214
Further advice should be sought from the Central Operations Team. The Council
has agreed to re-instate any keeping in touch days as annual leave once you
have returned to work.


The intention of keeping in touch days is to allow you, with the agreement of your
employer, to return to work and be reimbursed for the KIT days/hours. This does
not confer any right on your employer to require that any work be carried out
during the statutory adoption leave, nor any right on you to work during the
statutory adoption leave period.


Teachers


Arrangements will be made for you to be reimbursed for any KIT days. Please
contact Central Operations Team for more information.


Reasonable Contact


The purpose of the measure is to enable your employer to initiate contact with
you on adoption leave in order, for example, to discuss whether or not your
planned date of return to work has changed or is likely to do so, or to discuss any
special arrangements to be made to ease your return to work. (for example,
whether you wish to request the right to work flexibly). To enhance
communication and contact between you and your employer during adoption
leave periods. Reasonable contact from time to time between you and
your employer during adoption leave does not bring the period of leave to an end.


Only one period of leave will be available irrespective of whether more than one
child is placed for adoption as part of the same arrangement.


If the child‟s placement ends during the adoption leave period, you will be able to
continue adoption leave for up to eight weeks after the end of the placement.


                                                                                 215
Statutory Adoption Pay (“SAP”)


During your adoption leave, you will be entitled to SAP unless your average
weekly earnings are below the Lower Earnings Limit for National Insurance
Contributions.


If you are in a low-income family you may be able to seek financial support from
your Local Authority. Additional financial support may be available through
Housing Benefit, Council Tax Benefit or Tax Credits. Further information is
available from the local Jobcentre Plus office or Social Security office.


SAP will be paid for up to 39 weeks. The rate of SAP will be the same as the
standard rate of Statutory Maternity Pay – from 6th April 2008; this will be
£117.18 a week or 90% of average weekly earnings if this is less than £117.18.


Notice of Intention to take Adoption Leave


You will need to complete an Adoption Leave and Pay Application Form (at the
back of this document) to inform your Head Teacher/Line Manager and the
Central Operations Team, of your intention to take adoption leave, within 7 days
of being notified by the adoption agency that you have been matched with a child
for adoption, unless this is not reasonably practicable, in which case the notice
must be given as soon as is reasonably possible.


The Adoption Leave and Pay Application Form includes your confirmation of the
date:-


        when the child is expected to be placed with you and
        when you want the adoption leave to start.


You will be able to change your mind about the date on which you wish your
leave to start providing you tell your Head Teacher/Line Manager and the Central
                                                                                216
Operations Team, at least 28 days in advance (unless this is not reasonably
practicable), in which case your variation notice must be given as soon as is
reasonably practicable.


You will have to tell your Head Teacher/Line Manager and the Central
Operations Team, the date you expect any payments of SAP to start at least 28
days in advance, unless this is not reasonably practicable.


You are required to provide your Head Teacher/Line Manager and the Central
Operations Team with the „matching certificate, which will be given to you by the
adoption agency. Please attach it to the Adoption Leave and Pay Application
Form and send it to the Central Operations Team as soon as possible.


The form will be returned to you to confirm the date on which you are expected to
return to work if the full entitlement to adoption leave is taken.




Occupational Adoption and Long Term Fostering Leave and Pay


The Council acknowledges that the need to care for a newly fostered or adopted
child during its first year with the new carer is just as important as for a new born
baby. Provision has therefore been made for employees to take adoption and
long-term fostering leave in order to care for a child up to the age of 18.


This leave may be granted to the “principal carer” of the newly placed child, i.e.
the person taking the more significant share of the initial day-to-day commitment
for the care and well-being of the child during the early settling-in period. If
however, both partners are employees of the Council, only one will be eligible to
apply for the leave.


For the purposes of this provision, long term fostering is deemed to be that which
is expected to last for six years or more.
                                                                                   217
Teachers Occupational Adoption and Long Term Fostering Leave and Pay


The relevant post natal sections of the LB of Merton Teacher‟s Maternity Leave
and Pay Scheme will be extended to the principal carer. All the provisions of that
scheme, particularly the required length of continuous service, the dates of
absence and right to return will apply to the Adoption and Long Term Fostering
leave and pay entitlement.


Please use the Adoption Leave and Pay Application form. The form should be
submitted via your Head Teacher/Manager to The Central Operations Team at
least 21 days before the date of the child's placement, the form confirms


the intention to adopt or foster a child on a long term basis;
the date of the placement;
the intention to return to work after the period of leave;
the proposed dates of the leave.


The Central Operations Team will return the form to accept the application and
confirm the leave and payment entitlement.




General Issues


Children of a Previous Relationship


There is no automatic right to leave and pay when adopting a partner's child from
a previous relationship, or the adoption of a relative's child. However, where
there is a genuine need to establish such a relationship or bonding with the child,
requests should be made via your Head Teacher/Line Manager to the Central
Operations Team.
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Other Adoption/Fostering Related Absences


Where adoption or long term fostering involves pre-placement meetings or Court
Proceedings, employees are entitled to take up to three days paid leave at the
discretion of your Line Manager.


Procedure


Please use an Adoption Leave and Pay Application Form to apply. The form
should be submitted via your Head Teacher/Line Manager to the Central
Operations Team at least 21 days before the date of the child's placement.


The Central Operations Team will return the form to accept the application and
confirm the leave and payment entitlement.


Return to work after adoption leave


You are entitled to return to the same job after ordinary Adoption Leave, (as long
as the leave was, an isolated period of leave, or the last of 2 or more consecutive
period of statutory leave which did not include any additional adoption leave,
parental leave or additional maternity leave, unless a redundancy situation has
arisen. If a reason other than redundancy has arisen, you are entitled to be
offered suitable alternative work on terms and conditions which are no less
favourable.


If you are to be made redundant during your adoption leave you have the right to
be offered alternative employment under a new contract. This will commence
immediately following the end of your existing contract if a suitable vacancy
exists and the terms and conditions of the new contract, in particular capacity and
place of employment are not substantially less favourable than your old contract.


                                                                                 219
If you intend to return to work at the end of your full adoption leave entitlement
you will not have to give any further notification to your Head Teacher/Line
Manager or the Central Operations Team. If you decide not to return to work at
the end of adoption leave, you must give your manager at least the notice
required under your contract.


If you have taken additional adoption leave you are entitled to return to the same
job unless it is not reasonably practicable for the authority to permit is. The „same
job unless not reasonably practicable‟ rule applies to a return from ordinary
adoption leave where no right to return to the same job applies.


However, if you want to return to work before the end of your additional adoption
leave period, you must give your Head Teacher/Line Manager 8 weeks‟ notice of
the date you intend to return.




FAMILY EMERGENCY LEAVE


Your Right to Time Off


In many cases you now have the right to take time off work to deal with an
Emergency involving someone who depends on you. You cannot be penalised by
your Head Teacher\Line Manager for taking the time off, providing your reasons
for taking it are genuine.


So who counts as depending on me?


Your husband, wife or partner, child or parent, or someone living with you as part
of your family, unless that person is an employee, tenant, lodger or boarder of
yours, can all be considered as depending on you. Others who reasonably rely
solely on you for help in an emergency may also qualify.


                                                                                     220
So what counts as an emergency?


An emergency is when someone who depends on you:


      falls ill and needs your help
      is involved in an accident or assaulted
      needs you to arrange their care if they are ill or injured
      needs you to deal with an unexpected disruption or termination of care
       arrangements.
      goes into labour
      to deal with an unexpected incident arising during a time when an
       educational establishment which your child attends is responsible for
       them.


You can also take time off if a dependant dies and you need to make funeral
arrangements or attend the funeral.


(Officers - See Special Leave Arrangements in the Human Resources Leave
Procedure or on the HR Intranet page)


Teachers/Support Staff - See Special Leave Arrangements in the Personnel
Handbook for Schools or on the School‟s HR Intranet page)


What if I know in advance that the problem is going to arise?


The legal right only covers emergencies. If you know beforehand that you are
going to need time off, you may be able to arrange this with your Head
Teacher\Line Manager by taking another form of leave. If it‟s your child that‟s
involved, you may be entitled to a period of parental leave.




                                                                                  221
How much time can I take off?


As long as it takes to deal with the immediate emergency. For example, if your
child falls ill you can take enough time off to deal with their initial needs, such as
taking them to the doctor and arranging for their care. But you will need to make
other arrangements if you want to stay off work longer to care for them yourself.


Will I be paid?


It depends on the circumstances. In some cases you can apply for paid leave but
there is no legal obligation for you to be paid during the time you take off.


(Officers - See Special Leave Arrangements in the Human Resources Leave
Procedure or on the HR Intranet page


Teachers\Support Staff - See Special Leave Arrangements in the Personnel
Handbook for Schools or on the School‟s HR Intranet page)


How much notice do I have to give my employer?


You must tell your Head Teacher/Line Manager as soon as possible why you are
away
from work and how long you expect to be off. If you return to work before you
have had the chance to contact your Head Teacher/Line Manager, you must still
tell them why you were absent.


How do I find out more?


For more detailed information contact the Central Operations Team.




                                                                                    222
Occupational Special Leave Provisions


The Authority offers Special Leave Arrangements for staff.


The information is available in:-


         the Personnel Handbook for Schools, Section 10 for staff I schools.
          Application should be made on a Leave of Absence Application Form
          and
         the Human Resources Procedure intranet page - Leave Policy for
          central staff. Application should be made on a Special Leave Form.




FLEXIBLE WORKING PROVISIONS


The right for working parents to request to work flexibly came into force on 6 April
2003.
Employers have a legal duty to consider applications for flexible working from
employees.
The new right therefore enables those individuals to request to work flexibly, but
not
provide an automatic right to work flexibly.
The employee should think carefully about their desired working pattern when
making an application, and the employer is required to follow a specific
procedure to ensure requests are considered seriously.
It will be for the appropriate Head Teacher/Line Manager to follow the procedure
for considering requests.


Legislation
The right to flexible working is provided for in the Employment Act 2002 and the
relevant provisions are incorporated by that Act in to the Employment Rights Act
                                                                                 223
1996. The two Regulations dealing with the flexible working and which came into
force on 6 April 2003 are
      Flexible Working (Eligibility, Complaints and Remedies) Regulation 2002
      Flexible Working (Procedural Requirements) Regulations 2002


The Basic Facts
      If you have 26 weeks' continuous service you have a right to request a
       variation to your terms and conditions of employment.
      The variation can relate to hours, times or place of work (restricted to the
       employee's home or another of the employer‟s workplaces)
      You must be either the mother, father, adopter, guardian or foster parent
       of the child or be married to or be the partner of the mother, father,
       guardian or foster parent of the child.
      You must have or expect to have responsibility for the upbringing of the
       child.
      Only one application can be made by you in any 12-month period
      A successful application will mean a permanent change to your contract
       of employment


Procedure
Making an application
The application must:
      Be made in writing and be dated.
      Explain and demonstrate how you meet the relationship requirement with
       the child
      Specify the desired change and proposed commencement date
      Explain what effect you think the change would have on your employer
       and how it might be dealt with
      State whether a previous application has been made to your employer and
       if so when.
      State that it is an application to request a contract variation.

                                                                                  224
Employer‟s obligations


Your Head Teacher/Line Manager must: -
      Meet with you within 28 days of receiving an application unless otherwise
       agreed between the parties (refer to the guidelines)
      Where your Head Teacher/Line Manager is unavailable due to annual
       leave or sick leave, when you have made your application, time runs from
       the date your Head Teacher/Line Manager returns or 28 days from the
       date when the application was made, unless otherwise agreed between
       the parties.
      Inform you of their decision in writing within 14 days of the meeting unless
       otherwise agreed between the parties.
      If the application is successful then the employer must specify the contract
       variation agreed to and state the date on which the variation will take
       effect.
      If an application is refused, give a sufficient explanation as to why (see
       below)
      Offer a right of appeal within 14 days of the decision and explain the
       appeal procedure. The time limit for appealing can be extended by
       agreement between the parties


The Appeal
      The appeal will be to the Head of Service (HOS)/Head Teacher/Governors
       (if not previously involved with the application).
      The notice of appeal must be in writing, dated and setting out the grounds
       of appeal.


The HOS/Head Teacher/Governors must: -
      Meet with you within 14 days of receipt of the notice of appeal, unless
       otherwise agreed between the parties,

                                                                                    225
      Inform you in writing of the decision within 14 days of the appeal meeting,
       unless otherwise agreed between the parties,
      If the appeal is refused, give us sufficient explanation as to why.
      If the appeal is upheld you will be notified in writing of the panel‟s decision
       specifying the contract variation agreed to and the date on which the
       contract variation takes effect.


The Right to be accompanied
      You have the right to be accompanied by a colleague at the appeal stage.
      The colleague can address the meeting and confer with you but cannot
       answer questions on your behalf.


Refusal of an Application


An employer may only refuse an application on one or more of the following
business ground(s):
      Burden of additional costs
      Detrimental effect on ability to meet customer demand
      Inability to reorganise work among existing staff
      Inability to recruit additional staff
      Detrimental impact on quality
      Detrimental impact on performance
      Insufficiency of work during the periods the employee proposes to work
      Planned organisational changes*
*This business ground can be used where the change in your employee's
working pattern would be incompatible with planned structural changes.


Withdrawal of an Application
      Failure to attend the application meeting or the appeal meeting without
       reasonable cause will be deemed as a withdrawal of your application



                                                                                   226
      Refusing to provide the employer, without reasonable cause, with
       information to assess whether the contract variation should be agreed to
       or not will be deemed to be a withdrawal of the application.
      You can withdraw the application by giving notice (written or verbal) to that
       effect.




General Guidelines


Refusing an Application


Where your Head Teacher/Line Manager is minded to refuse an application for
flexible working, your Line manager must contact the designated Departmental
HR (DHR) Advisor in the first instance. Your Head Teacher/Line Manager must
ensure that he/she gives sufficient information (in writing), supporting their
decision, based on one of the business grounds.


Extension Periods
The following periods referred to in the procedure can be extended by agreement
between the employer and the employee:
(i) Initial Application meeting
(ii) Decision following the application meeting
(iii) Notice of Appeal
(iv) Appeal meeting
(v) Decision following the appeal meeting
(vi) Time allowed to deal with the initial application where the line manager is
absent.
      The employer must record any agreement in writing, specifying clearly the
       period the extension relates to and the date the extension ends.




                                                                                   227
Absence of Line Manager
Where the Line manager who would normally deal with the application is absent
on annual leave or sick leave on the day when the application is made, the 28
day period to arrange for the application meeting begins either on the day the
Line manager returns to work or 28 days after the application was made.


Right to be Accompanied
The colleague or Trade Union representative accompanying you must be
employed by the same employer.


Where the person accompanying you is not available at the time chosen for the
application meeting or the appeal meeting and you suggests an alternative
time/date that is convenient to all the parties and is within 7 days of the proposed
meeting, the employer must postpone the meeting to the time you have
proposed.


The Council has a *Work/Life Balance Scheme in place that applies to all
employees
and also covers Flexible working. (Link to Work/Life Balance).
[*This does not apply to staff based in schools.]




MATERNITY RIGHTS
The Council‟s schemes apply to all employees regardless of the number of hours
worked per week. However, there must be an employment contract in force at the
time you start your maternity leave.


Risk assessment and pregnancy
The Council must take account of risks to new and expectant mothers. Risks to
be assessed include those to the unborn child or a child of a woman who is still
breastfeeding.


                                                                                 228
You must be informed of risks identified by the assessment, and of control
measures to be implemented to ensure that you are not exposed to risks that
could cause you harm.


If it is considered necessary to avoid risk by adjusting your working conditions
and/or hours of work, offering you suitable alternative work where appropriate, or
suspending you, then this must be done, but only if it is not possible to avoid the
risk by any other means. This applies if you have notified the Council in writing
that you are pregnant, have given birth within the last six months, or are
breastfeeding.


Ante-natal care
You have the right to paid time off to attend ante-natal care, is such examinations
take place during working hours, subject to production of evidence of
appointments.


Expected Week of Childbirth
The week in which the Doctor, Hospital or Midwife calculates the baby will be
born. The week starts at midnight on Sunday. This is usually abbreviated to EWC
and you will receive confirmation of this date any time from 20th week of the
pregnancy when you are given your MatB1 certificate.


It is a requirement that you provide you‟re the Central Operations Team with the
MatB1 as soon as possible in order to validate your claim and enable statutory
payments to be made.


Early/Late Births
You can continue to work up to the birth of the child however this must be no
later than the Sunday preceding the expected week of confinement unless the
leave is triggered by a pregnancy related absence 4 weeks before the expected
birth date. If an early birth occurs then the Maternity Leave will start immediately.


                                                                                    229
You must have a minimum of two weeks absence after the birth of the
baby.


Sickness trigger
Your Maternity Leave will start automatically if you are absent from work for a
pregnancy related illness during the four weeks before the start of the EWC,
regardless of when you said you actually want your maternity leave to start.


Statutory Maternity Leave and Pay
The Statutory Maternity Provisions give a minimum entitlement to Maternity
Leave and Pay to all employees. Maternity Leave and Pay are separate
entitlements. (See Maternity Pay and Allowance)


Statutory Maternity Leave and Pay are available as either part of, or, in certain
circumstances, in addition to the occupational maternity pay scheme. It may also
be payable when the occupational scheme is not available.


Maternity Leave Entitlement
All pregnant employees are entitled to take up to one year‟s (52 weeks) maternity
leave, regardless of their length of service with the employer. Maternity leave is a
single continuous period and is made up of:




26 weeks‟ Ordinary Maternity Leave – during which the contract of employment
continues, and during which you must continue to receive all your contractual
benefits except (unless agreed otherwise) wages or salary
-and-
26 Weeks‟ Additional Maternity Leave – during which the contract of
employment continues, but only certain terms of the contract apply.


Some of this leave (maximum of 11 weeks) can be taken before the baby is born,
the remainder taken afterwards.
                                                                                    230
Notice of Intention to take Maternity Leave


You will be required to notify your Head Teacher/Line Manager of your intention
to take maternity leave by the 15th week before the EWC, unless this is not
reasonably practicable, using the Application for Maternity Leave and Pay form.
You should also notify the HR Central Operations Team, at least 15 weeks
before the EWC.


The Application for Maternity Leave and Pay form allows you to fulfill your
statutory obligations by informing your Head Teacher/Line Manager:
      that you are pregnant
      the week your baby is expected to be born
      when you want your maternity leave to start.


You will be able to change your mind about when you want to start your leave
providing you tell your Head Teacher/Line Manager at least 28 days in advance
(unless this is not reasonably practicable).


Your completed Application for Maternity Leave and Pay form will be returned to
you to confirm your entitlement and the date on which you are expected to return
to work if you take your full entitlement to Maternity Leave. The return date


should be confirmed in writing to HR Central Operations Team who will also
notify payroll.


You may commence your Maternity Leave no earlier than the beginning of the
11th week before the baby is due.




                                                                                231
Returning to Work after Maternity Leave
If you intend to return to work before the end of, or after your maternity leave (52
weeks) you will need to give the Head Teacher/Line Manager 8 weeks' notice (in
writing) of the date you want to return to work. You can chose to return at any
time but no earlier than two weeks after your baby is born.


Resignation Date
If you choose to resign during your Maternity Leave period, your nominated
resignation date will be your final date of employment with the Authority.


The period between the final day of worked employment and the resignation date
will be recorded for service purposes as continuous employment. The paid
period, either Statutory Maternity Pay or Occupational Pay, will be included for
pension purposes.


Maternity Pay Entitlement
You will be entitled to one of the following benefits: -


Statutory Maternity Pay


If you have been employed continuously by this authority for 26 weeks by the
qualifying week (the qualifying week is the 15th week before the EWC) and your
average earnings are relevant for National Insurance purposes (£87.00 per week
from April 2007) you will be entitled to Statutory Maternity Pay (*this amount is
lower than the amount when you have to start paying National Insurance
contributions.)


If your average earnings are above the lower earning level for National Insurance
purposes, you will be entitled to Statutory Maternity Pay.




                                                                                    232
You will receive: -
      Six weeks at 90% of average weekly earnings
      Thirty-Three weeks at £117.18 a week or 90% of your average weekly
       earnings if this is less than £117.18 a week.


Maternity Allowance
If you are not entitled to Statutory Maternity Pay but are employed and your
earnings are
below the lower earnings level, you may be able to claim Maternity Allowance
from your
local Jobcentre Plus or Department of Working Pensions office (DWP). For this
purpose If you do not return to duty by the end of the Maternity Leave period
(either Ordinary Maternity Leave (OML) or Ordinary plus Additional Maternity
Leave (AML)), then you will need to provide us with a month‟s notice, detailed in
your resignation letter.
In addition, if you decide not to return you will be required to repay part of
your occupational maternity pay.
form SMP1 will be sent to you with your completed copy of the Maternity Leave
and Pay Application form and MAT B1.


If you cannot get Statutory Maternity Pay or Maternity Allowance but have paid
National Insurance contributions, you may be able to get Incapacity Benefit. You
should contact your Department of Working Pensions office for further
information. For this purpose form SMP1 will be sent to you with your completed
copy of the Maternity Leave and Pay Application together with your MAT B1.


There may be other benefits you may be entitled to e.g. Income Support.




                                                                                233
Special Rules
There are certain rules, which the Government require all employees to note. If
you:
        go outside the EEC or the European Free Trade Countries (the Isle of Man
         and the Channel Isles are not part of the EEC) at any time in the maternity
         pay period (or after the start of the sixth week before the expected week of
         confinement if working closer to the birth);
or
        if you work after the birth for another employer;
or
        if you are in legal custody at any time during the maternity pay period;


then you must inform your Head Teacher/Line Manager and Central Operations
Team immediately, as there would not then be an eligibility for Statutory
Maternity Leave or Pay.
        Additionally, if you come back to work at any time while receiving Statutory
         Maternity Pay, benefit for that period will be lost.


If you need clarification regarding the decisions on Statutory Maternity Pay you
are advised to contact the Payroll Team.


If you disagree with any of the decisions on Statutory Maternity Leave or Pay you
may apply to the Department of Working Pensions Office for adjudication.


Occupational Maternity Leave and Pay - Officers/Support Staff


All pregnant employees are entitled to 52 weeks maternity leave, or as much of
that period as they wish to take no matter how long they have worked for Merton.


If you have completed one year's continuous local government service at the
11th week before the EWC you will be entitled to:

                                                                                    234
Entitlement if you intend to return to work
      90% of a week‟s pay for the first six weeks of absence
      12 weeks at half pay plus SMP
      21 weeks flat rate SMP (£117.18)


Entitlement if you do not intend to return to work
      90% of a week‟s pay for the first six weeks of absence
      33 weeks flat rate SMP (£117.18)
It is important to note that payments of occupational salary or wages made during
the maternity leave period beyond the first six weeks are made on the basis that
the employee gives an undertaking that she will return back to work within Merton
Council, for a minimum period of three months.


In the event of you not returning to work within the London Borough of Merton,
you will be required to refund payments received, or such part thereof as the
Council may decide. Payments made to you by way of SMP do not have to be
refunded.


Pension


If you are a member of the Local Government Pension Scheme (LGPS) and
receive Occupational Maternity Pay or Statutory Maternity Pay, contributions will
be taken from the pay you receive. During the period of unpaid leave you can
decide whether to pay contributions as if you were receiving maternity pay. If you
do not pay these contributions, you will have 30 days from the date you return to
work or the date you tell your Line Manager that you are leaving to decide
whether you want to pay the extra contributions. If you do not pay contributions
for the unpaid period, it will not count as membership of the LGPS.
For further details on pension matters, you should contact the Pensions Section.




                                                                                 235
Annual Leave


You will continue to accrue annual leave in the normal way during Maternity
Leave. However your annual leave must be used within the current appropriate
leave year with a maximum of 5 days that can be carried over into the next leave
year, and used by end June of the new leave year.


Keeping in Touch Days


Keeping in touch days have been introduced, during which you can agree to work
without that work bringing the period of leave to an end, and without loss of a
week‟s statutory maternity pay.


You can carry out up to 10 days‟ work during your maternity leave period. This
applies to the entire period of maternity leave, except during the first two weeks
from childbirth, which is a period of compulsory maternity leave during which an
employee may not legally work. Working for part of a day will count as one
day‟s work.


Further advice should be sought from the Central Operations Team. The Council
has agreed to re-instate any keeping in touch days as annual leave once you
have returned to work.


The intention of keeping in touch days is to allow you, with the agreement of your
employer, to return to work and be reimbursed for the KIT days/hours. This does
not confer any right on your employer to require that any work be carried out
during the statutory leave, nor any right on you to work during the statutory leave
period.




                                                                                  236
Occupational Maternity Leave and Pay – Teaching Staff


The scheme is available to Teachers in Schools and Units of the London
Borough of Merton, Children, Schools and Families, who have completed not
less than 11 calendar months continuous service with this and/or any other Local
Authority or Authorities immediately preceding the E.W.C.


If you are entitled to the provisions of the London Borough of Merton Maternity
Scheme you may also receive Statutory Maternity Pay from the first day of your
absence. The Statutory Maternity Pay period may start before the beginning of
the Occupational Maternity pay period and may extend beyond the end of the
Occupational Maternity Pay period. If you are not entitled to the provisions of the
London Borough of Merton Maternity Scheme you may still be entitled to
Statutory Maternity Leave and Pay, and a right of return to your existing post.


Teachers employed on a temporary or fixed term contract, must be able to
contain the period of paid maternity leave, the period of unpaid maternity leave
and the requirement to return to duty for 13 weeks within their contract or
contracts.


Leave Entitlement
Your Occupational Maternity Leave will commence on the Monday two months
before the E.W.C.


E.g. If the E.W.C. is Saturday, 20th September 2008


       Two months before that date is Saturday, 19th July 2008
       Maternity leave will commence on Monday, 21st July 2008


If that date is not a Monday then your leave will commence on the Monday
following that date.


                                                                                  237
Maternity Pay Entitlement
All payment will be made to you on a monthly basis. If you are not sure about
returning to your post you may chose to have the payments made to you on your
return to duty.


Providing you confirm your intention to return to duty, in the post in which you
were employed prior to the commencement of your maternity leave, for a period
of at least 13 weeks, inclusive of school holidays, you will receive payment at the
rate applicable on the day prior to your leave commencing:-


Service under 11       No entitlement to         But see the selection
Months                 Occupational              on Statutory Maternity
                       Maternity Leave or        Leave and Pay.
                       Pay



                                                 Payment requested        Payment requested
                                                 on a monthly basis:-     on return to duty:-
Service 11 months up   Entitlement to full pay   3 moths full pay         3 months full pay
to 14 months by the    for 3 months              included the Statutory   reduced by the
E.W.C                  commencing one and        Maternity payments or    Statutory Maternity
                       a half months prior to    reduced by any           payments or Maternity
                       the E.W.C                 Maternity Allowance      Allowance received
                                                 received during that     during the 3 moths
                                                 period                   period
Service 14 months or   Entitlement to full pay   4 months full pay        4 moths full pay less
more by the E.W.C      for 4 months              including any            any Statutory
                       commencing 2              Statutory Maternity      Maternity payments or
                       months prior to the       payments or reduced      Maternity Allowance
                       E.W.C                     by any Maternity         received during the 4
                                                 Allowance received       month period
                                                 during that period




                                                                                                238
Period of Maternity Leave


In order to receive full payment during your Occupational Maternity Leave you
should be absent for a period of not less than two months following the birth of
the baby, but you also have a right to extend your leave to the beginning of the
term following one year's absence from the date the maternity leave commences.


E.g. Maternity leave commences                           19th May 2008
End of one year                                          16th May 2009
End of that term                                         31st August 2009
Return by first working day of Autumn Term i.e.          1st September 2009


Date of Return


If you return to work immediately following maternity leave and have complied
with the Maternity Rights criteria you will return to the job in which you were
employed under your current contract of employment and on terms and
conditions not less favourable than those which would have been applicable to
you had you not been absent.


Prior to your return to work you may wish to discuss with the Head
Teacher/Manager the Council's flexible working arrangements, e.g. part-time and
job share options under the Council's arrangements for these facilities.


Where it would be unreasonable to expect you to return on the notified day
because of an interruption of work (whether due to industrial action or some other
reason), you may instead return when work resumes, or as soon as reasonably
practicable thereafter.




                                                                                   239
You will be advised and or consulted where there are implications for you arising
out of re-organisations and/or business transfer(s) or any change on which the
Staff Side Secretary is being consulted.


If you are unable to return to work on the notified date and you submit a Doctor's
certificate, the provisions of the Sick Pay Scheme will apply to your absence.
Paid Maternity leave and authorised unpaid Maternity Leave shall be regarded as
service for the purposes of the Council's Sickness Pay Scheme.


Payment on Return
      If you choose to take the minimum period of four months leave, your pay
       will recommence on the day following the end of that period even if this
       date falls during a school closure period.
      If you return, after longer than the minimum period of four months leave
       and choose to return on the first working day of a term, your pay will
       recommence on the notional first day of that term.
      If you choose to return on a working day during term time your pay will
       recommence on that date.
      If you choose to return on day during a school closure following an
       absence of more than four months your pay will recommence on the
       notional first day of the following term.


Please inform your Head Teacher/Manager of your decision to return to duty at
least four weeks before the date.


Resignation Dates


If you decide not to return to duty following a period of maternity leave you should
inform your Head Teacher/Manager and the Central Operations Team as soon
as you make your decision.



                                                                                  240
Your date of resignation will be as follows:-




Occupational and Statutory Maternity Leave and Pay


The date of resignation will be the last day of Statutory Maternity pay.


Occupational Maternity Leave and Pay only


The date of resignation will be the day prior to the commencement of the leave
as any payments made under the terms of the occupational maternity scheme
will have been repaid.


Statutory Maternity Leave and Pay only


The date of resignation will be the last day of Statutory Maternity pay.


If you resign less than 13 weeks after returning to duty the Authority may request
a repayment from you of any occupational maternity payments but there is no
requirement to repay Statutory Maternity Pay


General


If you need clarification regarding the London Borough of Merton's decisions on
the occupational maternity scheme you are advised to contact the staff of the
Central Operations Team.


Continuous Service


For teachers returning to duty the whole period of the absence will count as
continuous service.


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Pension


Pension contributions will be deducted at the usual rate during all paid periods.
You have the option to pay combined contributions for the unpaid period of
maternity leave. Combined contributions mean that you will pay both your own
and the employers contribution for the period.


Buying Additional Pension


Members will be able to by up to £5,000.00 additional annual pension at any time
in their career (in units of £250.00).


Should you require further details please write to the Teachers' Pensions,
Mowden Hall, Staindrop Road, Darlington, Co. Durham, DL3 9EE.


Application Form


To apply for maternity leave under the L.B.M. Teachers Maternity Scheme you
should complete the Application for Maternity Leave and Pay.


The form should be completed no later than 16 weeks prior to the EWC. Do not
delay submitting the form whilst awaiting receipt of your MatB1. The MatB1 can
follow as soon as it is received from the Doctor or Midwife.


Keeping in Touch Days
Keeping in touch days have been introduced, during which you can agree to work
without that work bringing the period of leave to an end, and without loss of a
week‟s statutory maternity pay.


You can carry out up to 10 days‟ work during your maternity leave period. This
applies to the entire period of maternity leave, except during the first two weeks
                                                                                  242
from childbirth, which is a period of compulsory maternity leave during which an
employee may not legally work. Working for part of a day will count as one
day‟s work.


Arrangements will be made for you to be reimbursed for any KIT days. Please
contact the Central Operations Team for more information.


Reasonable Contact


The purpose of the measure is to enable your employer to initiate contact with
you on maternity leave in order, for example, to discuss whether or not your
planned date of return to work has changed or is likely to do so, or to discuss any
special arrangements to be made to ease your return to work. (for example,
whether you wish to request the right to work flexibly). In addition this measure
has been introduced to enhance communication and contact between you and
your employer during maternity leave periods. Reasonable contact from time to
time between you and your employer during maternity leave does not
bring the period of leave to an end.


Right to return to work


If you return to work immediately following maternity leave and have complied
with the Maternity Rights criteria you will return to the job in which you were
employed under your current contract of employment and on terms and
conditions not less favourable than those which would have been applicable to
you had you not been absent.


Prior to your return to work you may wish to discuss with your Line Manager the
Council's flexible working arrangements, e.g. part-time and job share options
under the Council's arrangements for these facilities. Where it would be
unreasonable to expect you to return on the notified day because of an
interruption of work (whether due to industrial action or some
                                                                                  243
other reason), you may instead return when work resumes, or as soon as
reasonably practicable thereafter. If you are unable to return because you are
sick, the normal reporting procedures will apply.


You will be advised and/or consulted where there are implications for you arising
out of reorganisations and/or business transfer(s) or any change, which has
implications for your contract of employment with the Council.


If you are unable to return to work on the notified date and you submit a Doctor's
certificate, the provisions of the Sick Pay Scheme will apply to your absence.
Paid Maternity leave and authorised unpaid Maternity Leave shall be regarded as
service for the purposes of the Council's Sickness Pay Scheme.


Employee Maternity Rights in the Event of a Stillbirth or Miscarriage


Stillbirth or miscarriage before the 25th week of pregnancy


If a woman miscarries her baby or has a stillbirth earlier than the 25th week of
her pregnancy, she will not qualify for any Occupational Maternity Leave or Pay,
Statutory Maternity Leave or Pay or Maternity Allowance. If she takes a period of
sickness absence from work, she should be paid her contractual sick pay, or
Statutory Sick Pay if there is no contractual sick pay scheme.


Stillbirth or miscarriage from the 25th week of pregnancy onwards


If a woman has a stillbirth from the 25th week of pregnancy onwards, she would
be eligible for Occupational Maternity Leave and Pay, Statutory Maternity Leave
and Pay or Maternity Allowance in the usual way, providing she has the
necessary qualifying period.




                                                                                   244
Birth of a living child before the 25th week of pregnancy onwards


If a woman gives birth prematurely to a living child, even in cases where the baby
later dies, at any point, she will be entitled to Occupational Maternity Leave and
Pay, Statutory Maternity Leave and Pay or Maternity allowance in the usual way,
providing you have the necessary qualifying period.


PARENTAL SUPPORT LEAVE


Both mothers and fathers, whether they are natural or adoptive parents can take
unpaid Parental Leave subject to meeting the qualifying criteria.


Leave, subject to the qualifying criteria, will also be granted to employees who
have been nominated as next of kin or acquired parental responsibility for the
purposes of adoption or long term fostering of a child (long term fostering is over
six years).


Eligibility


You will qualify for Parental Leave if you have continuous service of at least one
year and you are:
       The mother of the child; or
       The partner (including Civil Partner) of an expectant mother; or
       You have parental responsibility to assist in the long term care of the child
        and to provide support to the mother; or
       You have been nominated as next of kin or parent for the purposes of
        adoption or long-term fostering of a child.


Parental Leave can be taken up to the child‟s fifth birthday or the fifth anniversary
of the placement date for adoption (or the 18th birthday if that is sooner).
Parental Leave for disabled children born on or after 15th December 1994 can be
taken up to the 18th birthday.
                                                                                   245
Entitlement


If you meet the qualifying criteria you may take up to 13 weeks (18 weeks for
disabled children) unpaid leave (pro-rata basis for part-timers). In the case of
multiple births or multiple adoptions the allowance is for each child.


Parental Leave may be taken in the following form at any time during the
following periods:
       up to a maximum of four weeks in any leave year until the child is five
        years old, or in the case of adoptions or the child is disabled until the child
        is 18 years old.
       The 13 (18) week Parental Leave must be taken in multiples of weeks and
        part weeks will count as whole weeks.
       If you meet the qualifying criteria you should complete the Application for
        Parental Leave and Pay form and return it to your Head Teacher/Line
        Manager. The application should be received giving 21 days of notice of
        when leave is to begin. You may be asked for reasonable evidence e.g.
        Proof of the child‟s age and responsibility towards the child.
       Requests for Parental Leave will be approved having regard to the needs
        of the service. Parental leave may be postponed by management for up to
        six months, except where requests for leave coincide with childbirth or
        adoption placement.


PATERNITY LEAVE
Eligible employees will be able to take up to two weeks‟ paid leave to care for
their new baby and to support the mother.


Eligibility
You will need to satisfy the following conditions in order to qualify for paternity
leave. You must:
       have or expect to have responsibility for the child‟s upbringing
                                                                                      246
      be the biological father of the child or the mother‟s husband or partner (this
       may be either sex)
      have worked continuously for your employer for 26 weeks by the
       beginning of the 15th week before the baby is due in order to be entitled to
       Statutory Paternity Leave and Pay
      have worked continuously for your employer for 1 year in order to be
       entitled to the 5 days paid Occupational leave.
      The entitlement to five days paid Occupational leave will not apply if you
       qualify for Maternity Leave, or if you are designated as Principal Carer and
       are entitled to leave under the Council‟s Adoption and Long-term Fostering
       schemes.


You should complete the Application for Paid Paternity Leave and Self Certificate
form to provide evidence that you meet these eligibility conditions.


Length of Paternity Leave


If you are eligible for :-


Statutory and Occupational Paternity Leave
              You will be entitled to take one week of Occupational Paternity
               Leave, which may be taken as either a whole week or as odd days,
               plus an additional week of Statutory Paternity Leave, which must be
               taken as five consecutive days Monday to Friday.


Statutory Paternity Leave


              You will be entitled to take two weeks of Statutory Paternity Leave,
               which must be taken as two periods of five consecutive days
               Monday to Friday.



                                                                                 247
You can choose to start your leave: -
      from the date of the child‟s birth (whether this is earlier or later than
       expected), or
      from a chosen number of days or weeks after the date of the child‟s birth
       (whether this is earlier or later than expected), or
      from a chosen date.


Leave can start on any day of the week on or following the child‟s birth but must
be completed:-


For Statutory Paternity Leave


      within 56 days of the actual date of birth of the child, or
      If the child is born early, within the period from the actual date of birth up
       to 56 days after the expected week of birth.


For Occupational Paternity Leave


      within 6 months of the actual date of birth of the child, or
      for adoption or long term fostering within 29 weeks following placement.


Only one period of leave will be available to employees irrespective of whether
more than one child is born as the result of the same pregnancy.


Statutory/Occupational Paternity Pay


Statutory and Occupational Paternity Pay
      You will be paid full pay for one week of Occupational Paternity Pay, which
       may be taken as either a whole week or as odd days, plus a second week
       of Statutory Paternity Pay, which must be taken as five consecutive days
       Monday to Friday.

                                                                                    248
Statutory Paternity Pay
      You will be entitled to take two weeks of Statutory Paternity Pay, which
       must be taken as two periods of five consecutive days Monday to Friday.


Statutory Paternity Pay is the same rate as flat rate Statutory Maternity Pay in
accordance with the Statutory Maternity Pay Regulations (£117.18 per week from
April 2008). If you do not qualify for SPP you may be able to get Income Support
while on paternity leave.
Additional financial support may be available through Housing Benefit, Council
Tax Benefit, Tax Credits or a Sure Start Maternity Grant. Further information is
available from the local Jobcentre Plus office or Social Security office.


Paternity Leave and Adoption
Those parents who are adopting a child are also entitled to take Paternity Leave
and Additional Paternity Leave


What if you do not qualify for paid Paternity Leave?


If you earn less that the lower earnings limit for national insurance contributions
you have the right to unpaid paternity leave. If you meet other conditions you may
be able to get Income Support while on Paternity Leave.


Notice of Intention to take Paternity Leave


You will be required to inform your manager of your intention to take paternity
leave by the fifteenth week before the baby is expected, unless this is not
reasonably practicable. You will need to complete the Application for Paid
Paternity Leave and provide a copy of the MatB1 supplied by the Midwife at 26
weeks to the mother of the child.
      the week the baby is due
      whether you wish to take one or two weeks‟ leave
                                                                                   249
       when you want your leave to start.


You will be able to change your mind about the date on which you want your
leave to start providing you tell your Head Teacher/Line Manager and the Central
Operations Team, at least 28 days in advance (unless this is not reasonably
practicable). Your Head Teacher/Line Manager will agree the date on which you
wish to start your Paternity Leave and Pay at least 28 days in advance, unless
this is not reasonably practicable.


Return to Work after Paternity Leave


You will be entitled to return to the same job following paternity leave.


What happens if you lose your baby?


Providing you meet all other conditions, you can still take paternity leave if your
child is:
       stillborn after 24 weeks of pregnancy
       born alive at any point of the pregnancy but dies later


Protection from Detriment and Dismissal
You are protected from suffering detriment or unfair dismissal for reasons related
to asking, or seeking to take, adoption leave, fostering leave, maternity leave,
parental support leave or paternity leave. If you believe you have been treated
unfairly you will be able to complain to an employment tribunal.


Sources
www.cipd.co.uk/infosource
www.eoc.org.uk
www.acas.org.uk
www.dti.gov.uk
www.lg-employers.gov.uk
                                                                                   250
LB Merton Corporate Policy


Original word version of document held in: Ce_users on „Ntserver_it1‟ (H:)
H:\Central Operations Team\Policies & Procedures\Family Support Provisions –
April 2008


      Application for Leave and Pay – April 2008


      Application for Fostering Leave and Pay - April 2008


      Application for Maternity Leave and Pay – April 2008


      Application for Parental Leave – April 2008


      Application for Paid Paternity Leave and Self Certificate –


      Expectant/Nursing Mother Risk Assessment – April 2008


(For original documents see The school Business Manager).




                                                                             251
4.10 Equality Incident Reporting Procedures


              Equality Incident Reporting Procedures (Reviewed 2010)

 (Discrimination in relation to protected characteristics: age, disabilities, gender, gender
reassignment, marriage and civil partnership and maternity, race, religious belief, sex and
                                     sexual orientation)

                                              ↓
                                     Incident happens

                                              ↓
            Incident reported to teachers, line manager, SLT or Head Teacher

                                              ↓
            Support provided to victim in a calm, kind and reassuring manner

                                              ↓
  Middle Leaders and Senior Leaders review the incident within one working day of the
          incident, to determine whether the EDCC Policy has been breached
                  (witnesses/parents/carers involved as appropriate).




                  Yes                                                 No




Follow Procedures for EDCC incident               Follow Behaviour for Learning
reporting, including:                             Policy including:

      Educate and council all parties                 Educate and council all parties
      Reconcile and discipline                        Reconcile and discipline
      E-male details of incident to Head‟s            Undertake follow up work to
       PA                                               address issues raised
      Undertake follow up work to
       address issues raised


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