Guidance

Inspecting teaching of the protected characteristics in schools

Updated 31 August 2023

Applies to England

Background

No matter what type of school they attend, it is important that all children gain an understanding of the world they are growing up in, and learn how to live alongside, and show respect for, a diverse range of people. When we inspect schools, we assess how well they equip children to do this.

Some schools have raised questions about what they should teach in relation to the ‘protected characteristics’ in the Equality Act 2010 and the Department for Education (DfE)’s statutory guidance on relationships education, relationships and sex education and health education (‘the DfE’s statutory guidance’), particularly the sexual orientation and gender reassignment characteristics.

This guidance explains Ofsted’s approach on inspection to evaluating how schools support pupils’ personal development and meet their duties in relation to teaching pupils about the protected characteristics, including the DfE’s statutory guidance. It applies to all types of academy, maintained, non-maintained special and non-association independent schools. (All references to the independent school standards (ISS) are only relevant to non-association independent schools.)

The Public Sector Equality Duty in section 149 of the Equality Act 2010 requires Ofsted, when exercising all our functions, to have due regard to the need to:

• eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010

• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it

• foster good relations between persons who share a relevant protected characteristic and persons who do not share it

We have taken this into account in this guidance; see the equality and diversity impact assessment.

How we inspect teaching of the protected characteristics in schools

Inspectors will gather evidence on how schools promote equality and pupils’ understanding of the protected characteristics. They will use this evidence as part of evaluating and coming to judgements on 3 main areas:

• the personal development of pupils

• the effectiveness of leadership and management

• for non-association independent schools, whether the school meets the independent school standards (ISS); this also informs the judgement about the effectiveness of its leadership and management (see the ‘independent school standards’) section.

If inspectors identify at inspection that a school is not teaching about all the protected characteristics, they will always report on this and will explain how (if at all) it has affected the school’s inspection judgements.

Personal development

The education inspection framework (EIF) and the school inspection handbook and independent school inspection handbook explain that pupils’ understanding of the protected characteristics and how equality and diversity are promoted form part of the evidence that inspectors use to evaluate the school’s personal development of pupils.

All primary and secondary schools, whether state-funded or independent, should be able to demonstrate that no form of discrimination is tolerated and that pupils show respect for those who share the protected characteristics. Schools will not be able to demonstrate this by pointing to a general policy of encouraging respect for all people.

If a school does not promote pupils’ awareness and understanding of all the protected characteristics effectively, this may result in a requires improvement judgement for personal development. This is especially likely if inspectors identify one or more other weaknesses in the school’s promotion of and provision for pupils’ personal development. For state-funded schools, this only applies to graded (section 5) inspections. For independent schools, this only applies to standard inspections. This is regardless of any consultation that the school may have carried out to meet the requirements in the DfE’s statutory guidance.

Personal development and the DfE’s statutory guidance

The DfE’s statutory guidance outlines what schools must teach at certain points in the curriculum. It states that schools are not required to teach about all the protected characteristics in every year group; that is a matter for the school to decide, and how it plans its curriculum. However, the curriculum should be planned and delivered so that children develop age-appropriate knowledge and understanding during their time at the school. In secondary schools, this includes age-appropriate knowledge of the protected characteristics of sexual orientation and gender reassignment.

There are a range of ways schools can choose to teach about these issues in an age-appropriate way. Primary schools could, for example, teach pupils about the different types of family groups that exist within society. Secondary schools could, for example, teach pupils in more detail about sexuality and gender identity as well as the legal rights afforded to LGBT people. As stated in the DfE’s statutory guidance, teaching on these matters should be integrated appropriately into the curriculum, rather than addressed separately or in one-off lessons.

Inspections where there is no personal development judgement

On an ungraded (section 8) inspection of a state-funded school, inspectors do not give any judgements, including for personal development. If they find evidence that the school does not promote pupils’ awareness and understanding of all the protected characteristics effectively, they may recommend that the school’s next inspection be a graded (section 5) inspection.

On an additional inspection of a non-association independent school, inspectors also do not give a judgement for personal development. When it is in scope of the DfE’s commission for that inspection and inspectors find evidence that the school does not promote pupils’ awareness and understanding of all the protected characteristics effectively, they will take account of this in their judgements about whether the ISS are met. When it is out of scope of the DfE’s commission, inspectors will follow the guidance set out in the handbook on checking standards beyond the scope of the DfE’s commission.

Leadership and management

The EIF, the school inspection handbook and the independent school inspection handbook explain that how a school fulfils its statutory duties, for example under the Equality Act 2010, forms part of the evidence that inspectors use to evaluate the school’s leadership and management. When inspectors consider whether leaders and managers are fulfilling their statutory responsibilities, they are not expected to construct or review a list of duties.

Leadership and management and the DfE’s statutory guidance

Relationships education is compulsory for all primary school pupils and relationships and sex education (RSE) is compulsory for all secondary school pupils.

The DfE’s statutory guidance contains information on what schools should do and sets out the requirements they must comply with when teaching relationships education, RSE and health education. If schools do not follow parts of the DfE’s statutory guidance that state they should (or should not) do something, they will need to have good reasons for this.

Where appropriate, inspectors will consider how a school meets the expectations of the DfE’s statutory guidance. This may contribute to the leadership and management judgement.

Requirements and expectations in the DfE’s statutory guidance

The DfE’s statutory guidance requires that all schools must:

• have an up-to-date policy, which is made available to parents and others and consult parents in developing and reviewing that policy in all cases

• take into account the age and religious background of all pupils and ensure that their teaching is appropriate to their age and religious background, to ensure that the topics outlined in the statutory guidance are appropriately handled

• comply with the relevant provisions of the Equality Act 2010, including that they:

  • must not unlawfully discriminate against pupils by treating them less favourably because they have one or more of the protected characteristics

  • must make reasonable adjustments to alleviate disadvantage, for example by taking positive action to deal with particular disadvantages affecting a group because of a protected characteristic. The statutory guidance gives the example of taking positive action to support girls if there is evidence that they are being subjected to sexual harassment

• make relationships education and/or RSE accessible for all pupils, including those with special educational needs and disabilities

• ensure that teaching reflects the law (including the Equality Act 2010) as it applies to relationships, so that young people clearly understand what the law allows and does not allow, and the wider implications of decisions they may make

• ensure that the materials used to support teaching are appropriate for the age and maturity of pupils and sensitive to their needs

• ensure that the needs of all pupils are appropriately met, and all pupils understand the importance of equality and respect

• ensure that teaching is sensitive and age-appropriate in approach and content

• work closely with parents in all cases when planning and delivering the subjects, ensuring that parents know what will be taught and when, and clearly communicate the fact that parents have the right to request that the child be withdrawn from some or all of sex education delivered as part of statutory RSE

The DfE expects secondary schools, state-funded or independent, to teach awareness of and respect towards LGBT people and encourages primary schools to do so.

How this applies to inspection

On an ungraded (section 8) inspection of a state-funded school, inspectors do not give any judgements, including for leadership and management.

Primary schools

If a primary school does not teach awareness of and respect towards LGBT people, this will not have an impact on the leadership and management judgement as long as the school can satisfy inspectors that it has still fulfilled the requirements of the DfE’s statutory guidance. If it cannot do this, for example if it has failed to consult with parents, inspectors will consider this when making the leadership and management judgement. For state-funded schools, this only applies to graded (section 5) inspections. For independent schools, this only applies to standard inspections. The school will not ordinarily receive a judgement for leadership and management better than requires improvement.

Secondary schools

If a secondary school does not teach awareness of and respect towards LGBT people, it will not be meeting the expectations of the DfE’s statutory guidance. Inspectors will consider this when making the leadership and management judgement. Similarly, if a secondary school has not fulfilled the requirements of the DfE’s statutory guidance, for example, if it has failed to consult with parents, inspectors will also consider this when making the leadership and management judgement. For state-funded schools, this only applies to graded (section 5) inspections. For independent schools, this only applies to standard inspections. The school will not ordinarily receive a judgement for this better than requires improvement.

Additional inspections

On an additional inspection of an independent school, if it is in scope of the DfE’s commission for the inspection, and inspectors find evidence that a school is not meeting the requirements of the DfE’s statutory guidance, they will take this into account in their judgements about whether the ISS are met. If it is out of scope of the commission, inspectors will follow the guidance set out in the handbook on checking standards beyond the scope of the DfE’s commission.

Independent school standards

This section is only relevant to non-association independent schools.

There are 2 paragraphs in the ISS that expressly require independent schools to encourage respect for the protected characteristics:

• Paragraph 2(2)(d)(ii) requires proprietors to provide a: ‘personal, social, health and economic education which… encourages respect for other people, paying particular regard to the protected characteristics set out in the 2010 [Equality] Act’

• Paragraph 5(b)(vi) requires proprietors to ‘ensure that principles are actively promoted which… encourage respect for other people, paying particular regard to the protected characteristics set out in the 2010 [Equality] Act’

The DfE’s non-statutory guidance on the ISS contains further information for schools on meeting the requirements in paragraphs 2(2)(d)(ii) and 5(b)(vi) of the standards. It sets out that schools must make pupils aware of the protected characteristics to the extent that it is considered age-appropriate to do so.

If an independent secondary school does not teach awareness of and respect towards LGBT people, it will fail to meet the ISS listed above. This failure means the school will not ordinarily receive a leadership and management judgement better than requires improvement.

If an independent primary school does not teach awareness of and respect towards LGBT people, it will not automatically be judged to fail the ISS listed above, provided that it can satisfy inspectors that it has still fulfilled the requirements of the DfE’s statutory guidance. If it cannot do this, for example, if it has failed to consult with parents, inspectors will normally judge that the school has failed to meet the ISS above. Under the EIF, this non-compliance means it will not ordinarily receive a leadership and management judgement better than requires improvement.

Faith teachings on protected characteristics

Schools can choose to teach the tenets of any faith on the protected characteristics. For example, they may explain that same-sex relationships and gender reassignment are not permitted by a particular religion. However, if they do so, they must also explain the legal rights LGBT people have under UK law, and that this and LGBT people must be respected.