Equality and Human Rights Commission (EHRC)
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Equality regulator opens consultation on updates to schools technical guidance
The Equality and Human Rights Commission (EHRC) today launched a 16-week consultation on key updates to its technical guidance for schools in England and Scotland, as well as new guidance for schools in Wales.
Schools have legal obligations under the Equality Act 2010 not to discriminate against, harass or victimise pupils in relation to the characteristics protected by the Act.
The equality regulator’s technical guidance explains these obligations and suggests steps schools can take to meet them. Examples from across the protected characteristics are provided, in areas such as admissions, exclusions and access to facilities and services.
The consultations for England, Scotland and Wales will run for 16 weeks from the 10th June 2026, providing staff in the education sector across the three nations the opportunity to provide their views before, during, and after the school summer holidays. Groups representing parents and pupils, and those with expertise in equality law in an educational setting, are also encouraged to respond.
The EHRC is required to update guidance it issues to reflect changes in the law. Since its existing technical guidance for schools in England and Scotland were published, there have been several important legal developments relating to a broad range of protected characteristics which affect schools. This includes significant changes regarding the legal obligations on schools relating to disabled pupils. For example, updates to the guidance have been made with regard to the duty on schools to make reasonable adjustments for disabled children wishing to attend school clubs. The guidance is clear that participation of all students should be facilitated where it is reasonable to do so.
A new section is being added to provide guidance on restraint, isolation and seclusion and reflects concerns raised about the use of these practices on disabled children. A new subsection is also being added on discrimination in behaviour and discipline policies, after being raised as a key emerging issue. These updates and changes are also reflected in the new technical guidance for Wales.
Dr Mary-Ann Stephenson, Chair of the Equality and Human Rights Commission, said:
“As Britain’s equality regulator, our job is to explain the law and help schools ensure that every pupil is treated fairly.
“Today we have launched consultations on updates to our technical guidance for schools in England and Scotland, and new guidance for schools in Wales. We are consulting so that our guidance is clear and comprehensive and school leaders can be confident that their policies and procedures are in line with the Equality Act 2010.
“We have updated this guidance for schools to reflect changes to the law and have added additional sections where our stakeholders have demonstrated to us that clarifications would be useful.
“The views of those working in education, groups representing parents and pupils, and those with expertise in equality law in an educational setting will be vital to ensure that our guidance is as helpful as it can be.
“I urge everyone with knowledge, expertise and experience in these areas to provide a response and ensure your views are heard.”
Notes to editors:
Please see the consultation on our website:
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The EHRC is consulting on a number of updates following developments to legislation around the protected characteristics. Key updates include:
ENGLAND:
- Explanation of how the Equality Act applies to academies
- Explanation of how the Equality Act applies to Early Years and Sixth Form school provision
- Explanation of how the Equality Act applies to school-based clubs
- The Public Sector Equality Duty as it applies to schools
- Developments in the law relating to types of discrimination and protected characteristic groups including around definitions
- Further detail about the interaction between the Equality Act 2010 and the Children and Families Act 2014 as it applies to schools in England
- New examples to assist schools to support children with frequently encountered disabilities
- New section about restraint, seclusion and isolation
- Further information about complaints procedures, time limits, admissions appeals panels, independent review panels and the interaction of the County Court and First-tier Tribunal (SEND).
- Changes have also been made to the language and structure of the Guidance, to reflect updated terminology and make the structure easier to follow.
- There are limited mentions of sex and gender in this guidance, the DfE intends to publish its own guidance for schools on gender questioning pupils. However, the description of the protected characteristic of sex has been updated at 3.273 and 4.17 to reflect the Supreme Court ruling in the case of FWS that "sex" under the Act means the sex of a person at birth. The protection afforded by way of the protected characteristic of gender reassignment has been detailed including at 4.70, 5.20, 5.71, 6.18 and 10.26-10.45.
SCOTLAND:
- Explanation of how the Equality Act applies to early learning
- Explanation of how the Equality Act applies to childcare school provision and school-based clubs
- The Public Sector Equality Duty as it applies to schools
- Developments in the law relating to types of discrimination and protected characteristic groups including around definitions
- Further detail about education authorities’ duties under the Education (Additional Support for Learning)(Scotland) Act 2004
- New examples to assist schools to support children with frequently encountered disabilities
- New section about restraint, seclusion and isolation
- Further information about redress including regarding complaints procedures, time limits and the United Nations Convention on the Rights of the Child (UNCRC)
- Changes have also been made to the language and structure of the Guidance, to reflect updated terminology and make the structure easier to follow.
- There are limited mentions of sex and gender in this guidance, the Scottish Government has published its own guidance for supporting transgender pupils in schools, however, the description of the protected characteristic of sex has been updated at 3.272 and 4.13 to reflect the Supreme Court ruling in the case of FWS that "sex" under the Act means the sex of a person at birth. The protection afforded by way of the protected characteristic of gender reassignment has been detailed including at 4.64, 5.20, 5.69, 6.15 and 10.26-10.43.
WALES:
- The Guidance provides a Schools Technical Guidance for Wales
- How the Equality Act applies to schools
- Explanation of how the Equality Act applies to Early Years and Sixth Form school provision
- Explanation of how the Equality Act applies to school-based clubs
- The Public Sector Equality Duty as it applies to schools following developments in the law
- Developments in the law relating to types of discrimination and protected characteristic groups including around definitions
- Detail about the interaction between the Equality Act 2010 and the Additional Learning Needs and Education Tribunal (Wales) Act 2018
- Examples to assist schools to support children with frequently encountered disabilities
- There is a section about restraint, seclusion and isolation.
- Information about complaints procedures, time limits, admissions appeals panels, independent review panels and the interaction of the Education Tribunal for Wales.
- There are limited mentions of sex and gender in this guidance, the Welsh Government intends to publish its own guidance for schools on gender questioning pupils. However, the description of the protected characteristic of sex has been included at 3.272 and 4.17 to reflect the Supreme Court ruling in the case of FWS that "sex" under the Act means the sex of a person at birth. The protection afforded by way of the protected characteristic of gender reassignment has been detailed including at 4.68, 5.20, 5.71, 6.17 and 10.30-10.42.
Access the EHRC’s existing technical guidance: for schools in England and for schools in Scotland.
Original article link: https://www.equalityhumanrights.com/media-centre/news/equality-regulator-opens-consultation-updates-schools-technical-guidance
