In September 2011 the Equality and Human Rights Commission (EHRC) had published “Hidden in plain sight: Inquiry into disability-related harassment”. The report had uncovered that harassment is a commonplace experience for disabled people, but a culture of disbelief and systemic institutional failures are preventing it from being tackled effectively.
The government has published its response today (Monday, 17 July). In it, the Department for Education (DfE) has rejected one of the EHRC recommendations, partially accepted three and accepted the remaining four.
The DfE has rejected as unnecessary the EHRC recommendation for research into the extent to which segregated education, or inadequately supported integrated education, affects the ability of disabled children to subsequently re-integrate into wider society, and the extent to which segregation adversely impacts on nondisabled children’s views of disability and disabled people. We struggle to understand how the DfE can support segregated education without knowing, and without being willing to find out, its full impact on the future life chances of disabled young people.
Three recommendations have been partially accepted. In response to the EHRC recommendation that Ofsted maintains its ability to make limiting judgements where schools under perform in equalities-related areas, the DfE stated that Ofsted will maintain a strong focus on equalities-related areas. In response to the EHRC recommendation that schools with a strong track record of promoting the understanding of disability share good practice with other schools as a matter of course, the DfE stated that all schools will be encouraged to promote the understanding of disability and share good practice as a matter of course. The EHRC report had recommended that schools and colleges develop material to help students understand disabled people, the social model of disability, and the prejudice that disabled people face within society. In its response, the DfE stated that its statutory guidance on compliance with the Equality Act fulfils this purpose. We are deeply disappointed that the DfE has not fully embraced these essential EHRC recommendations.
The DfE has accepted the remaining four recommendations of the EHRC report: for schools to adopt a zero-tolerance approach to prejudice-based bullying, including cyberbullying; for processes to be in place to prevent harassment and to deal with it effectively when it occurs; and for all schools to ensure that disabled pupils can participate on an equal basis with non-disabled pupils.
We reiterate this last point, lest it got missed. The DfE has accepted the EHRC recommendation that “Schools and colleges should ensure disabled pupils and those with special educational needs are able to participate in all school/ college and after school/college activities on an equal basis with non-disabled pupils.” In its response, the DfE cited the Equality Act 2010 and the schools’ duty to make reasonable adjustments so that disabled children are not discriminated against by being prevented from participating in school activities.
We look forward to seeing what steps the DfE takes to make sure schools comply with this statutory duty.
