The PSED is a duty on public authorities (including schools) to consciously consider how their policies or decisions affect people who share protected characteristics. This means aspects of a person’s identity that are protected under the Equality Act 2010. For school pupils, these are:

• disability
• gender reassignment
• pregnancy and maternity
• race
• religion or belief
• sex 
• sexual orientation.

Age, marriage and civil partnership are protected characteristics, but they do not apply to pupils in schools.

You can read more about the protected characteristics or watch a short video.

Parents and pupils also may make a legal challenge against a school (through judicial review proceedings) if they believe it has not complied with the PSED.

The PSED has two main parts: the general equality duty and the specific duties.

The general equality duty

The general equality duty says that schools must consciously consider (have due regard for) their need to:

1. eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by the Equality Act 2010
2. advance equality of opportunity between people who share a protected characteristic and people who do not share it
3. foster good relations across all protected characteristics – between people who share a protected characteristic and people who do not share it.

For a school, having ‘due regard’ means:

• Schools must integrate the general equality duty within all their operations. They should do this rigorously and meaningfully. It should not be treated as just paperwork or a tick-box exercise.
• When making a decision, taking action or developing a policy, a school must consciously consider what the implications would be for the equality of pupils with protected characteristics. This includes current pupils and those who apply to attend the school.
• A school should not wait until after they have taken action, made a decision or implemented a policy. It should consider equality implications before and during the process. This is often called the 'anticipatory nature of the duty'.
• Before adopting a policy, taking action or making a decision, a school should:
  • assess whether there may be any resulting risks to, or adverse effects for, pupils with protected characteristics;
  • consider how such risks or effects may be eliminated.
• The duty to consciously consider (have due regard to) equality considerations is a continuing one. This means schools should regularly review all their policies and practices (especially those that are most relevant to equality) to make sure they are meeting this requirement.
• It is good practice for schools to:
  • record how they have considered the PSED;
  • identify the policies that are most relevant to equality and keep them under regular review.
• Schools cannot delegate responsibility for carrying out the duty to anyone else.

What schools need to do to meet the specific duties

Schools must do the following:

• publish equality information by 30 March every year (schools with fewer than 150 employees do not have to publish information on their employees, but they may wish to do so anyway to improve their equality information)
• prepare and publish one or more specific and measurable equality objective (this came into effect on 30 March 2018 and needs to be completed at least once every four years)
• publish information, annually, on the gender pay gap of employees, where the school employs 250 or more staff.

Making sure your school meets the PSED

Planning, implementing and reviewing decisions, actions and policies

Before and while making a decision, taking action or planning a policy, assess the implications for pupils with protected characteristics. A school must:

• assess whether there may be any resulting risks to, or adverse effects for, pupils with protected characteristics
• consider how such risks or effects may be eliminated.

For more information, read eliminating discrimination, harassment and victimisation.

Keep these considerations under review after you have made the decision, taken the action or implemented the policy.

You should eliminate potential discrimination in the day-to-day running of your school. Take steps to remove or minimise any disadvantages experienced by pupils because of their protected characteristics. Providing training for school staff on how to comply with the PSED can help you do this.

Schools must comply with the PSED to make sure no one is disadvantaged by their policies or decisions. This legal obligation belongs to the school and cannot be delegated to others.

The interests of all pupils need to be balanced when meeting the different needs of pupils who share a protected characteristic.

You should ensure the needs of potential applicants to your school are considered as well as current pupils.

Improving participation

Identify areas of school life where you can improve participation from pupils who share a protected characteristic when participation is disproportionally low.

Engage in effective partnerships with local authorities, schools, parents, guardians, carers and members of local communities. Encouraging initiatives through these partnerships can help to foster good relations between different groups of pupils across all protected characteristics.

We have explained this further under eliminating discrimination, harassment and victimisation.

Recording, monitoring and publishing

You should record all the steps you take to meet the PSED and monitor the success of any equality-related initiative you implement.

Publish information annually to demonstrate how your school is complying with the PSED. This needs to be done by 30 March each year. Schools with fewer than 150 employees are exempt from the requirement to publish information on their employees, but may wish to do so anyway to improve their equality information.

Prepare and publish one or more specific and measurable equality objective. This came into effect on 30 March 2018 and needs to be completed at least once every four years.

Key questions for education providers to ask

1. Does the general equality duty apply to your school? Independent fee-paying schools are not covered by the PSED. However, they are subject to the Equality Act 2010. It is therefore a requirement for independent fee-paying schools to comply with the parts of the Act covering prohibited conduct.
2. Are you aware of the deadline dates for the specific duties?
3. Do decision-makers and others have clear guidance about how to publish equality information? It is essential that they understand their role and the importance of keeping clear records when they are making decisions.
4. Are all decision-makers in your organisation fully aware of their obligations?
5. What information do you have about pupils, parents, guardians with particular protected characteristics (including data collected from any engagement)?
6. Is your equality information available in a clear and appropriate format so it can be used to influence policy development effectively?
7. Do you have a process for getting your equality evidence to decision-makers in your organisation at the right times?
8. Do you have systems for using the general duty when you are reviewing or changing your policies if circumstances change at your school?