Brief descriptions of the legislation and guidance schools must comply with to help you in your letter writing
LEGISLATION AND GUIDANCE
This list brings together relevant legislation, guidance and expert reports that should inform how schools navigate their policies and meet their obligations and curriculum requirements.
Headteachers can find themselves trying to reconcile views of three distinct groups: their pupils, their staff body, and their parent community.
It is powerful for parents to frame discussions with schools in terms of legislation and guidance because it reminds schools of their obligations and helps anchor school provision to these requirements.
Following existing legislation and guidance helps schools to achieve:
1. Meeting statutory obligations
2. Meeting Ofsted expectations
3. Having in place effective policies (at least to the extent guidance is well-thought out; and where it is not, a clear path for recognising necessary updates)
4. Educational benefit (e.g. linking knowledge and understanding of the Equality Act, the protected characteristics and their motivation, to strands across the curriculum)
5. A transparent and accurate framework for decision-making and engagement with pupils, staff and parents
6. A reliable perspective from which to evaluate accuracy, age-appropriateness and intent of services and materials from external providers
Depending on the issues in school you may be facing, different pieces of legislation may be relevant. They are all brought here together for ease of reference.
For examples of how these resources can be used to lobby schools, see Sample Letters written by us or signposted organisations on our Support page.
Equality Act 2010 – the 9 protected anti-discrimination characteristics
https://www.
Public Sector Equality Duty – requirements of all public bodies including schools
https://www.
Single sex exemptions in Equality Act 2010
https://www.legislation.gov.
Ofsted Equality Objectives 2020-2022
Success criterion: Inspectors report non-compliance with the Equality Act 2010 whenever encountered
DfE report Sept 2021: Sexual violence and sexual harassment between children in schools and colleges. Advice for governing bodies, proprietors, headteachers, principals, senior leadership teams and designated safeguarding leads
DfE guidance Sept 2020 on RSE curriculum provision & using external providers
“We are aware that topics involving gender and biological sex can be complex and sensitive matters to navigate. You should not reinforce harmful stereotypes, for instance by suggesting that children might be a different gender based on their personality and interests or the clothes they prefer to wear. Resources used in teaching about this topic must always be age-appropriate and evidence based. Materials which suggest that non-conformity to gender stereotypes should be seen as synonymous with having a different gender identity should not be used and you should not work with external agencies or organisations that produce such material. While teachers should not suggest to a child that their non-compliance with gender stereotypes means that either their personality or their body is wrong and in need of changing, teachers should always seek to treat individual students with sympathy and support.”
Education Act 1996 section 406 – Political indoctrination
https://www.legislation.gov.
Education Act 1996 section 407 – Duty to secure balanced treatment of political issues
https://www.legislation.gov.
Political impartiality in schools 2022
DfE Advice on Standards for School Premises 2012
https://www.gov.uk/government/
DfE Gender Separation in Mixed Schools 2018 (para 13)
https://www.gov.uk/government/
Keeping Children Safe in Education – DfE safeguarding guidance
https://www.gov.uk/government/
(2022 version currently under consultation: https://www.gov.uk/government/
Sex Matters and Transgender Trend Schools Guidance – an overview of the issues you can print out and/or email to schools
Cass Review Interim Report – report into health service provision for children with gender issues spelling out the potential risks of social transition
https://cass.independent-