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CERES: Centre for Education for Racial Equality in Scotland

Frequently Asked Questions: about the RR(A)A 2000
Implications for schools and local authorities in Scotland

This section has been compiled by Laura Mitchell, Principal Equality Officer, City of Edinburgh Council Education Department with assistance from CERES . CERES is grateful to the CRE (Scotland) for their advice.

Please note that this document was produced in 2002 and has not been updated. So where there is a reference to School Boards, this should now read ‘Parent Councils’, ‘the Scottish Executive’ is now  ‘the Scottish Government’ and HMIE have now produced HIGIOS 3.  All education authorities in Scotland now have a a policy or action plan in place and these can be viewed in the section on local authorities. This nevertheless is a useful archive document

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What is the Race Relations (Amendment) Act 2000?

The Race Relations (Amendment) Act 2000 was introduced to strengthen the framework for ensuring that all public authorities provide services in a way that is fair, accessible and non-discriminatory on the grounds of 'race', ethnicity or colour. The Amendment Act introduces three key areas:

• It widens and strengthens the anti-discrimination provisions within the Race Relations Act 1976 to include all public functions.
• It extends the range and number of public authorities covered by the Act.
• It introduces a new and enforceable duty on key public authorities to promote race equality in all that they do.

The Amendment Act imposes a general duty on public authorities in performing their public function to have due regard for the need to:
a) Promote equality of opportunity;
b) Promote good relations between persons of different racial groups; and
c) Eliminate unlawful racial discrimination.

This general duty applies to all designated public authorities including the educational services of local authorities.

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When did the Act come into effect?

The Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000 (referred to 'the Act') came into force on 2 April 2001( the General Duty) and the specific duties came into force on 13 March 2002. Authorities must have their Race Equality Scheme or Policy in place and published by 30 November 2002. The General Duty is set out in section 71(1) of the Race Relations Act and the specific duties are set out in the Race Relations Act 1976 (Statutory Duties)(Scotland) Order 2002. The Act gives public authorities a statutory general duty to promote race equality. The Code of Practice on the Duty to Promote Race Equality in Scotland was issued in November 2002, along with the (non-statutory) Guide for Education authorities and Schools in Scotland.

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Are schools defined as public authorities?

In Scotland, it is the local authority, which is the public body responsible for its schools and it is the local education authority, which must produce a Race Equality Policy in line with the Race Equality Scheme required of each local authority. Schools have then a requirement to ensure they comply with their authority's policy. In some authorities, they may require that each school develops a whole school race equality policy based on the authority policy.

The new law also applies to such bodies as the Scottish Qualifications Authority, the Scottish Executive, Her Majesties' Inspectorate of Education, the General Teaching Council, Learning and Teaching Scotland.

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Who is responsible where a service is provided by another body?

The general and specific duties apply to the named public authorities irrespective of who actually provides the function or service. For example, in the case of a service delivered by a private contractor on behalf of a local authority it is the local authority that would remain responsible for ensuring the service provided is compliant with the legislation and that it is non-discriminatory in its operation and impact. This would, for example have implications for Private Partnership Nurseries, Private Public Partnership building contracts, voluntary organisations or contractors funded by the authority to provide school meals, transport, etc.

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What actions are local authorities required to undertake in Scotland?

Each local authority should:

• Agree a Race Equality Scheme which is compliant with the Act (General and Specific duties)
• Establish an action plan and timetable for the implementation of the Race Equality Scheme;
• Communicate the Scheme to all stakeholders;
• train staff as appropriate;
• provide such resources as are necessary for the implementation of the policy;
• monitor the operation and impact of its Race Equality Scheme;
• identify and implement changes to bring about improvements in racial equality practice and outcomes.

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What actions are local education authorities required to undertake?

• prepare a written statement of their policy for promoting racial equality;
• have in place such arrangements as necessary for fulfilling, as soon as is reasonably practicable, its statutory duties;
• assess the operation and impact of all of its policies and functions including its race equality policy, on staff, pupils and parents of different racial groups including, in particular, the impact on the attainment levels of such pupils;
• monitor, by reference to racial groups, the recruitment and career progress of staff;
• include in its race equality policy an indication of its arrangements for annually publishing the results of its assessment and monitoring activity under the policy;
• Maintain a copy of its race equality policy and ensure that each school under its management (including private partnership nurseries) maintains and complies with the policy.

Local authorities are required to monitor and publish, by reference to racial groups:

• the number of staff employed including those in all educational establishments for which it exercises functions;
• applicants for employment, training and promotion;
• the number of staff from each group who receive training;
• the number of staff from each group who benefit or suffer detriment as a result of staff development and review or appraisal procedures;
• the number of staff who are involved in grievance procedures;
• the number of staff who are subject to disciplinary procedures;
• the number of staff who cease employment.

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What are schools specifically required to do?

Schools are required to implement their local education authority Race Equality Policy. Headteachers should ensure that the school has a Race Equality Policy (or a section on Race Equality within an Equity/Equal Opportunities/Diversity Policy). This should cover:

• staff;
• pupils;
• parents/carers;
• the wider community.

This means that all policies and procedures within schools should be developed, monitored and reviewed to ensure that they do not discriminate against any of the groups identified. Race Equality should eventually be mainstreamed into all policies, which impact on minority ethnic pupils, staff or parents/guardians (e.g. Learning and Teaching; Homework; Behaviour; Anti-Bullying; Dress Code; Communication with parents; etc. policies). School development plans should reflect the school's intention to meet this requirement over a reasonable period of time.

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Will the race equality performance of schools be inspected?

HMIE are required to include within their inspection framework reference to race equality. For example, compliance with the Code of Practice may be included as a criterion within the school inspection frameworks. Moreover, HMIE may inspect and report on the extent to which schools are meeting the general and specific duties. How Good Is Our School? 2002 introduced a Quality Indicator on Equality and Fairness, which will form part of all school inspections from August 2002.

The Standard's in Scotland's Schools (Scotland) Act 2000, made a requirement on local authorities to publish its progress in equalities matters as part of its annual Service Improvement Plan.

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What happens if a school does not comply with the Code of Practice?

It is the education authority that must comply with the Act not an individual school. Under the Race Relations (Amendment) Act, 2000 the Commission for Racial Equality (CRE) is empowered to enforce the specific duties to promote racial equality, the CRE’s powers and responsibilities have now been taken over by the Equality and Human Rights Commission (EHRC). There are a number of ways in which education authorities can be required to comply with the Act:

• A public authority that does not meet its duties under the Act may be subject to judicial review, in the High Court on an action taken, by any individual, or group of individuals, or the Equality and Human Rights Commission.
• The Equality and Human Rights Commission may use its powers to serve a 'compliance notice' on a public authority where it is not satisfied that the authority in question is meeting its specific duties. The compliance notice will state that the authority must meet its duty and tell the Equality and Human Rights Commission, within a certain timescale, what it has done, or is doing to meet its duty.
• If, after a compliance notice has been served, the Equality and Human Rights Commission considers that the authority has still not met one or more of its specific duties referred to in the notice, the Equality and Human Rights Commission can apply to the courts for an order to obey the notice. If the court issues the order and the public body still does not comply or observe the notice, they can face legal action for contempt of court.

Authorities will be expected to use their usual disciplinary procedures to enforce legal obligations on staff where they refuse to comply.

How can race equality be embedded into other school/local education authority policies?

The authority and its schools will need to ensure that the race equality policy is embedded in all areas of the services. This has implications for the content of school/local education authority policies and for the way in which all policies are implemented, monitored and reviewed.

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