Equal Opportunities

This section lays out the principles and legal background to school policies on equal opportunities.

The teaching of the Church on Equality

The social teaching of the Church has consistently promoted equality of treatment for all people as an application of the principles of natural justice. The principle of equal treatment is now encoded in European law.

‘The Gospel imperative to love our neighbour entails not only that we should help those in need, but also address the causes of destitution and poverty. The deepening of spiritual life must go hand in hand with practical concern for our neighbour, and thus with social action’. All members of the Church must ‘…play an active part in striving to build a just and compassionate social order.’ ‘The Church has the right and duty to advocate a social order in which the human dignity of all is fostered, and to protest when in any way it is threatened.’ (Cardinal Hume)

All people have basic human rights. At the centre of these is the right to life itself. All human rights derive from the nature of the human person made in the image of God. The Gospel leaves us in no doubt that all men and women are equal in the sight of God and should be accorded equally the respect and dignity due the children of God. This is the guiding principle for our relations with all other people, regardless of whether or not they are members of the Church.

The Church is, in both historical and in theological terms, a catholic or universal church for all human kind. Diversity in age, gender, race, ability, social background or cultural identity should be regarded as enriching the whole community of the Church rather than as providing a source of division and gradation of treatment.

Legal Obligations on Governors

The governors of voluntary aided schools must accept and carry out all the responsibilities towards their staff as laid down in employment law, and towards their pupils as laid down in educational law. The law prohibits discrimination on the grounds of race, ethnic or national origins, religion or belief, sexual orientation, marital status, ability or disability. (For further guidance, please refer to the sections on senior appointments and anti-discrimination regulations.)

Special educational needs and disability

As well as the avoidance of active discrimination, equality of treatment in schools also involves ensuring that all learners have equal opportunities to access the curriculum. Schools must make provision for students with special educational needs, language needs and physical disabilities to enable them to enjoy the same learning opportunities as other students. The Special Needs and Disability Act (2001) lays specific responsibilities on governors for school admissions and for the delivery of education and associated services. Disabled persons must not be placed at a substantial disadvantage in comparison with other persons who are not disabled. Since September 2002, governors have had a specific duty to plan to increase the accessibility of their school to disabled pupils. The provisions for pupils with special educational needs are laid out in the Code of Practice issued by the DfES.

Sexual orientation and behaviour

All staff must be subject to the same rules of conduct and these must be consistently applied. Schools experience particular difficulties when legal obligations appear to conflict with the moral teaching of the Church, as in the area of sexual discrimination. However, the Church makes a clear distinction between orientation and behaviour. It recognises the importance of protecting people of any sexual orientation against discrimination or harassment. It would expect the Church’s moral teaching to be reflected in codes of behaviour for staff and students in schools. All schools, therefore, should treat any incidents involving bullying or harassment related to sexual orientation as a serious matter that will be followed up and resolved.

Employment of Staff

The governors of a Catholic school have a duty to uphold the Catholic character of the school. It is fully compatible with the law on equal opportunities and employment that they can make it a condition of employment that employees are conscientious and loyal to the aims and objectives of the school. They can require employees to have regard to the Catholic character of the school and not to do anything detrimental or prejudicial to that interest (Section 60(5) of the School Standards and Framework Act 1998.)

There is backing in law for governors to prefer Catholic applicants in appointments where denominational affiliation is relevant to the job. In particular, the Bishops of England and Wales have the right to reserve for practising Catholics the posts of head, deputy head and heads/coordinators of religious education in Catholic schools.

The Church recognises the outstanding contribution which persons of other denominations and faiths make to the work of Catholic schools. The governors should give explicit recognition to that work whenever possible, especially when it demonstrates exceptional loyalty to the school. Appropriate support should be offered, for example, to new staff, who may be unfamiliar with specific aspects of Catholic values and practice which they may encounter.

Race relations

The Race Relations Act (1976) prohibits discrimination on the grounds of colour, race, national or ethnic origin. The Race Relations (Amendment) Act (2001) imposes a general duty to eliminate discrimination and promote positive race relations. The Catholic school should promote racial harmony by living out its core aims and values. Its life should be characterised by the promotion of the Gospel values of love for one’s neighbour and help for the oppressed. It should be evident from policies and practice that everyone is committed to just and fair treatment for all.

Active Promotion of Equal Opportunities

The governors of a Catholic school must ensure that staff and pupils (1) have the benefit of their statutory rights, (2) help to eliminate discrimination, and (3) help to promote social and racial harmony. The school policy should make explicit each person’s role in this activity (head, governor, staff member, pupil). It should lay down provisions for training, monitoring and reporting effectiveness. These action points will help governors to ensure equal opportunities, particularly for minorities.

Include equal opportunities strategies, for both pupils and staff, and evaluation methods in school plans at all levels.

Monitor the effect of school policies and procedures, including appointments and admissions, on the representation of racial and ethnic minorities among the staff and pupils. Important indicators are whether the ethnic mix of pupils reflects the mix in the community which the school serves (ie the Catholic community), and whether it is also reflected in staffing and posts of responsibility.

Encourage staff and pupils to be confident enough to report incidents of racial prejudice in the conviction that their concerns will be recognised.

Monitor, report and take action on incidents of racial prejudice among pupils and staff.

Ask the staff, pupils and parents regularly whether they actually experience equality of treatment by the school.

Check that teaching materials do not communicate prejudice but promote social and racial harmony.

Make sure that every pupil has equal access to the curriculum.

Monitor the comparative performance of groups of pupils by gender and ethnic background.

Promote the Gospel values of equality, throughout the curriculum and in the general life of the school.

Raise awareness of inequality in society through the curriculum and extra-curricular activities including charitable work.

Help overcome prejudice by encouraging pupils to have contact and dialogue with schools and community groups where there are people of different backgrounds to themselves.

Teach pupils about the nature of stereotyping and prejudice so that they recognise that how they view others may lead to discriminatory and unequal treatment.

Encourage pride in the diverse customs and practices of the staff and pupils.

Educate the pupils in the practice of tolerance and understanding in the multi-cultural and multi-racial society in which they live.

Ensure that those engaged in staff selection, pupil admissions, curriculum policy and other key areas are fully trained to implement the school’s equal opportunities policy.

Ensure that each person has equal access to appropriate training to do their job effectively.

Treat any alleged breach of the school’s equal opportunities policy as a serious matter that will be followed up and resolved.