Equalities in Education

The Additional Support for Learning Act (ASfL) provides the legal framework for identifying and addressing the additional support needs of children and young people who face a barrier, or barriers, to learning.

The Act imposes various duties on education authorities and responsible bodies.

The Equality Act 2010 protects pupils, staff and others from discrimination, and places clear duties on schools and education authorities. It requires education settings not only to prevent discrimination, but also to actively promote equality of opportunity for people with protected characteristics.

These include

• disability
• sexual orientation
• gender reassignment
• race or ethnicity
• religion or belief
• sex
• pregnancy or maternity

Importantly, discrimination does not have to be intentional. It can arise from everyday decisions, policies or practices, even where everyone is treated the same.

The Public Sector Equality Duty (PSED) applies to all public bodies, including schools. Under the PSED, schools must have due regard to the need to:

• eliminate unlawful discrimination, harassment, victimisation and other prohibited conduct
• advance equality of opportunity between those who share a protected characteristic and those who do not
• foster good relations between those who share a protected characteristic and those who do not

This duty applies to all aspects of school life, including decision-making, policies, curriculum delivery, and day-to-day interactions with pupils and staff.

In Scotland, the Hate Crime and Public Order (Scotland) Act 2021  criminalises behaviour motivated by prejudice towards individuals based on:

• Race
• religion or belief
• sexual orientation
• disability
• transgender identity
• age
• variations in sex characteristics

Hate crime aggravated offences mean that the law has been broken. The assailant’s actions have been driven by hatred towards a particular group. For example, an individual has assaulted another person and comments made during the assault show that the offence was racially motivated. For stirring up hatred, the conduct criminalised is itself driven by hatred.

The United Nations Convention on the Rights of the Child (UNCRC) brings together and clarifies children’s human rights, outlining the conditions and support needed for every child to develop to their full potential.

The UNCRC consists of 54 articles: Articles 1 to 42 set out the rights themselves, while the remaining articles focus on implementation and monitoring.

In addition to establishing the foundational principles on which all rights are based, the Convention highlights the need for specific resources, skills and contributions to ensure children’s survival and development to the fullest extent possible. It also requires measures to protect children from neglect, exploitation and abuse. Four of the articles are recognised as general principles, which underpin and guide the interpretation of all other rights.

The GTCS Professional Standards outline what is expected of teachers as reflective, values-driven practitioners. Central to these standards is a commitment to social justice, equality and inclusion.

Teachers are expected to:

• demonstrate respect for diversity and promote equality for all learners
• challenge discrimination, prejudice and inequality in all forms
• create inclusive learning environments that meet the needs of every child and young person
• understand the impact of social, cultural and economic factors on learners’ experiences and outcomes

The Equality and diversity guide for teachers emphasises the responsibility of teachers to embed inclusive practice within their professional values, knowledge and actions. This includes critically reflecting on personal biases, adapting practice to ensure equitable access to learning, and fostering a safe, respectful environment where all learners feel valued.

Find out more in the  Guide to the Professional Standards.

Community Learning and Development (CLD) competences place a strong emphasis on social justice, empowerment and inclusion.

Practitioners are expected to work collaboratively with individuals and communities to reduce inequalities and support participation.

Expectations include:

• promoting inclusion and valuing diversity within communities
• challenging discrimination and supporting marginalised or disadvantaged groups
• enabling learners and communities to have a voice and influence decisions that affect them
• building positive relationships based on trust, respect and fairness

CLD practice is rooted in addressing structural inequalities and supporting people to achieve their potential through lifelong learning, community engagement and empowerment.

Find out more about Diversity and Inclusion CLD Standards.

The Scottish Social Services Council (SSSC) Codes of Practice and relevant standards for Early Learning and Childcare (ELC) practitioners. They emphasise the importance of upholding the rights, dignity and wellbeing of all children.

Practitioners are expected to:

• promote equality, diversity and inclusion in all aspects of their work
• treat all children and families fairly and without discrimination
• respect and respond to the individual needs, backgrounds and identities of children
• create nurturing, inclusive environments where every child feels safe, valued and supported

In ELC settings, this includes recognising and addressing barriers to participation, supporting children’s rights, and working in partnership with families to ensure inclusive, culturally responsive practice.

Find out more in the National guidance for ELC.