Specific duties: race equality schemes 

 

As well as the general statutory duty to promote race equality, certain public authorities in England, Wales and Scotland are also bound by specific duties.

One of these specific duties requires these bodies to prepare and publish a race equality scheme (public authorities), or a race equality policy (schools and institutions of further and higher education). The purpose of this is to explain how they will meet both their general and specific duties under section 71(1) of the Race Relations Act.

Find further information on schools and futher and higher education and working with the race equality duty in our sectoral section.

On this page

 

Race equality schemes: what the duty requires

The specific duties are set out in articles 2(3) and 2(4) of the Race Relations Act 1976 (Statutory Duties) Order 2001 which states:

2. (2) A Race Equality Scheme shall state, in particular

(a) those of its functions and policies, or proposed policies, which that person has assessed as relevant to its performance of the duty imposed by section 71(1) of the Race Relations Act; and

(b) that person's arrangements for

(i) assessing and consulting on the likely impact of its proposed policies on the promotion of race equality;

(ii) monitoring its policies for any adverse impact on the promotion of race equality;

(iii) publishing the results of such assessments and consultation as are mentioned in sub-paragraph (i) and of such monitoring as is mentioned in sub-paragraph (ii);

(iv) ensuring public access to information and services which it provides; and

(v) training staff in connection with the duties imposed by section 71(1) of the Race Relations Act and this Order.

(3) Such a person shall, within a period of three years from 31st May 2002, and within each further period of three years, review the assessment referred to in paragraph (2)(a).

Please go to race equality duty documents and scroll to specific duties for guidance on the race equality schemes.


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Race equality policies: schools

The Race Relations Act 1976 (Statutory Duties) Order 2001 required governing bodies of schools in England and Wales to prepare a written race equality policy by 31 May 2002. For Scotland, the deadline was 30 November 2002.

What is a race equality policy?

A race equality policy (referred to as a 'policy' in this text) is a description of how you intend to prevent racial discrimination, promote equality of opportunity, and promote good race relations across all areas of your school's activity.

The policy essentially packages the specific duties into a coherent strategy and action plan. It should cover all relevant functions and policies, bringing them within a single framework. A policy must make clear how a school plans to meet both its general and specific duties. Ideally it should summarise the school's overall approach to racial equality and how this links to its corporate aims and objectives. It should also be part of the planning arrangements you already make.

The race equality policy should be a written statement of responsibilities and commitments. It could be linked to an action plan for putting the policy into practice. A good policy would:

  • be part of the school's development plan
  • give details of how the school will put the policy into practice and assess how effective it is
  • clearly define roles and responsibilities, so that people know what is expected of them
  • explain clearly what the school will do if the policy is not followed.

What should a race equality policy include?

The race equality policy should reflect the character and circumstances of the school, and deal with the main areas that are relevant to promoting the general duty. For example:

  • pupils' attainment and progress
  • curriculum, teaching and learning (including language and cultural needs)
  • promoting good race relations in the school and in the local community
  • care and assessment
  • staff recruitment and career development
  • the school's values
  • pupil behaviour, discipline and exclusion
  • racial harassment and bullying
  • admission and transfer procedures
  • membership of the governing body
  • involving parents and the community in the school.

We suggest that your policy should clearly set out:

  • your arrangements for building race equality into your processes for policy planning and development
  • your arrangements for putting the policy into practice, including a timetable for regular reviews of the policy
  • your arrangements for monitoring and assessing progress towards meeting any race equality targets you have set, and your race equality duty.

Your race equality policy must be compliant with section 71(1) of the Act.

Assessing your policy

The Commission has produced an assessment template for race equality policies.The template provides schools with a standard framework to make a self-assessment of their REPs, both in terms of compliance and in developing good practice. For further information and guidance about compliance issues, see Compliance with the race equality duty.

All the assessment and other related documents can be found on our page race equality duty documents and by scrolling to 'Education' and 'Specfic duties'.


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Race equality policies (institutions of further and higher education)

The Race Relations Act 1976 (Statutory Duties) Order 2001 required governing bodies of further and higher education institutions to prepare a written race equality policy by 31 May 2002. In Scotland, the deadline was 30 November 2002.

What is a race equality policy?

A race equality policy (referred to as a 'policy' in this text) should set out how you intend to prevent racial discrimination, promote equality of opportunity, and promote good race relations across all areas of your activity. The policy should be part of the planning arrangements you already make. It is a public document and further and higher education institutions will be answerable to the public for delivering the programme set out in the scheme.

The race equality policy essentially packages the specific duties into a coherent strategy and action plan. It should cover all relevant functions and policies, bringing them within a single framework. The policy must make clear how a further and higher education institutions intend to meet both its general and specific duties. Ideally a policy should summarise the institution's approach to racial equality and how this links to its corporate aims and objectives.

The policy should be a written statement of responsibilities and commitments on how you intend to prevent racial discrimination, promote equality of opportunity, and promote good race relations across all areas of activity. The policy should be part of the planning arrangements you already make.

It could be linked to an action plan for putting the policy into practice. A good policy would:

  • be part of the institution's yearly plan
  • give details of how the institution will put the policy into practice, monitor it, and assess how effective it is
  • provide a framework for building race equality into other relevant policies, and into all relevant areas of the institution's activities
  • clearly define roles and responsibilities so that people know what is expected of them
  • explain clearly what the institution will do if the policy is not followed
  • set out the institution's arrangements for publishing, each year, its race equality policy and the results of the monitoring and assessments it carries out to meet the duty

We suggest that your policy should clearly set out:

  • your arrangements for building race equality into your processes for policy planning and development
  • your arrangements for putting the policy into practice, including a timetable for regular reviews of the policy
  • your arrangements for monitoring and assessing progress towards meeting any race equality targets you have set, and your race equality duty.

Some colleges and universities have chosen to produce a generic 'equality policy' covering other strands such as disability, age and gender. It is acceptable to take this approach as long as the race equality sections are distinct and specific and covers all parts of the statutory duties.

What should a race equality policy include?

The race equality policy should reflect the character and circumstances of the institution, and deal with the main areas that are relevant to promoting equality of opportunity and good race relations, and tackling racial discrimination. These areas may include:

  • the institution's values
  • curriculum, teaching and learning (including language and cultural needs)
  • assessment
  • racial harassment and bullying
  • the institution's management and governing body
  • admissions, access and participation
  • student support and guidance
  • behaviour and discipline
  • partnerships and community links
  • staff recruitment, training and career development.

Assessing your policy

Race equality policies must be compliant with section 71(1) of the Act. The Commission has produced an assessment template for race equality policies (see below) section on this page). Using this template will ensure a consistent approach to identifying non-or partial compliance with the specific duty to publish a race equality scheme, as required by the Orders.

The template may also be useful to further and higher education institutions, providing a standard framework to make a self-assessment of their schemes in relation to both compliance and developing good practice.

Please go to our page race equality duty documents and scroll to for the assessment template and other relevant docuements.


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