Children, Schools and Families Directorate Schools & Learning Service

Transcription

1 Making Surrey a better place Children, Schools and Families Directorate Schools & Learning Service Guidance for Surrey Schools on Reporting and Responding to Racist Incidents Revised 2009 (Updated 2010)

2 CONTENTS Page Foreword by Nick Wilson 3 1 Introduction 4 2 What is a racist incident? 6 3 Why is it so important to deal with racist incidents? 11 4 What can schools do to reduce the number of racist incidents? 14 5 How should schools respond to racist incidents? 17 6 How should schools record incidents? 21 7 What does Surrey County Council do with the information from schools? 23 8 Who can I contact for further information and assistance? 24 9 Where can I find out more? 26 Annexes A Model School Racist Incident Recording Form 30 B Categories for recording racist incidents 32 C Ethnicity codes and categories 33 D Using the online Racist Incident Monitoring Spreadsheet 34

3 Foreword Schools are required to report on racist incidents and Surrey has produced annual reports on the information provided. We know from this information that racist incidents can occur in any school in any part of Surrey. It is important to report racist incidents as this enables both schools and the County to identify trends and work together to address the issue. Schools should recognise that reporting these incidents will be seen as evidence of their capacity to confront this problem and not as a reflection on their effectiveness. Developing our capacity to respond effectively to racist incidents and reducing the likelihood of their occurrence are essential to the achievement of Every Child Matter outcomes. Schools can make a positive contribution and help improve all children s lives by creating a safe learning environment where all children feel valued and can enjoy and achieve. By taking the lead in sending a clear message that racism will not be tolerated, schools can help improve their pupils lives and contribute to community cohesion and to a healthier society in general. We should remember that even where the actual number of racist incidents is low, each incident is damaging for the victim and their family, and ultimately to the wider Surrey community. Pupils in schools where there are few minority ethnic pupils or teachers can feel particularly vulnerable. It is important that schools should react quickly and decisively to a single incident of racism if and as it occurs, rather than waiting until a pattern of bullying can be detected in a series of incidents. For all schools the priorities are therefore to ensure that effective systems are in place for identifying, recording and reporting racist incidents throughout the year as and when they happen and that all racist incidents are reported. Even if effectives systems and reporting are already in place, it is essential that we should not become complacent but aim both to improve the reporting of incidents and to reduce their actual occurrence. School policies and ethos should communicate to pupils, parents and staff a clearly stated commitment to dealing with racist incidents. This will encourage all children and parents, and particularly those from minority communities, to feel sufficiently supported to be able to report any experience of racist bullying. All staff need to be clear about the definition of a racist incident and confident in dealing with such incidents; where necessary, schools should ensure that appropriate training is provided. Governors also need to be clear about their responsibility for monitoring and recording racist incidents and ensuring these are reported annually. I believe all schools will find that this guidance will be of significant assistance to them in responding to, and preventing, racist incidents. It complements our policies and procedures on behaviour, anti-bullying and safeguarding, and is part of our ongoing strategy to help schools become more socially inclusive. It should provide you with significant support in making your schools safer and more welcoming places for pupils and staff from all ethnic backgrounds. Nick Wilson Head of Schools and Learning Service 3

4 SECTION 1 Introduction Racism is not something that occurs in isolation in schools but a problem affecting society as a whole. Schools however have an important role to play in challenging racism. One key step towards creating a safe learning environment is ensuring that all forms of racism are tackled firmly as and when they occur, because no child can feel safe in an environment where racism is not challenged. If racist incidents are not dealt with in schools, this sends a strong message to children that racism is acceptable not only in schools but in society as a whole. 1 The Government s aim, as set out in Every Child Matters, is for every child, whatever their background or their circumstances, to have the support they need so that they are able to learn and develop in a safe environment. The Stephen Lawrence Inquiry Report (1999) highlighted the likelihood of institutional racism in the policies and practices of large public sector organisations. The Report led to the Race Relations (Amendment) Act (2000), which places a general duty on public authorities to: Eliminate unlawful racial discrimination Promote equality of opportunity Promote good race relations. The Act requires all schools to have a race equality policy. In implementing their policies schools need to consider whether all racist incidents are being reported to staff, whether the needs of both victims and perpetrators are being met, and whether there are further preventative measures the school could take to reduce the likelihood of racist incidents. The Education and Inspections Act 2006 introduced a duty on all maintained schools in England to promote community cohesion and on Ofsted to report on the contributions made in this area. Schools are legally required to keep records of all racist incidents and to take appropriate action when they occur. Schools are also required to report annually to the LA on the number and nature of incidents that have occurred. This guidance document consists of a major update and revision of the No Racism Here Surrey guidance issued in 2003, reflecting the relevant legislation, policies and strategies introduced at the national level since 2003, and recent changes to Surrey s process of recording and reporting of racist incidents. The new guidance is intended to remind schools how Surrey collects this data and how the information is used. The document refers to the links between the monitoring of racist incidents and national policies and strategies. It outlines practical steps that schools can take to reduce the likelihood of racist incidents occurring and offers guidance on ways to respond to incidents that do occur. It refers to further sources of information and provides a suggested recording form for use within the school (Annexe A). Following the Surrey Report on Racial Incidents in Schools in (see link in Section 8) we have revised the data fields and options available for recording such incidents. The changes 1 Recording and Reporting Racist Incidents, DCSF Guidance (2006) 4

5 made to these should help schools to define more accurately the types of abuse, which have been updated to include intimidation using technology, and categories of individuals involved either as perpetrators or victims. The revised list of types of racist incidents and guidance on completing the online Racist Incident Monitoring Spreadsheet are included in the Annexes. This guidance links with the following Surrey policies and procedures: Anti-bullying and behaviour policies. All schools must take steps to prevent all forms of bullying. See Surrey s Guidelines for developing Anti-Bullying Policy and Practice. Fairness and Dignity at Work. All staff have the right to a safe working environment, free from racial harassment. Surrey s Fairness and Dignity at Work Policies and Procedures provide a mechanism for staff to report incidents of harassment, discrimination, bullying or victimisation. Safeguarding children including child protection. All education providers must ensure the early identification of children in need, and refer a child in need, or at risk of harm, to social care. The Safeguarding guidance documents provide guidance on procedures for taking action on this issue. More generally, this guidance is relevant to schools Race Equality Policies and to their strategies for promoting Community Cohesion. It links with the guidance on Developing a Policy for Equality, Diversity and Community Cohesion in Surrey Schools. It also makes frequent reference to, and draws extensively on, the DCSF 2006 guidance on Recording and Reporting Racist Incidents. 5

6 SECTION 2 What is a racist incident? The Stephen Lawrence Inquiry report 2 recommended that a racist incident should be defined as: any incident which is perceived to be racist by the victim or any other person. This is the definition adopted by Surrey County Council and recommended to all schools. Racist incidents can occur in any school, including those with few or no minority ethnic pupils or staff. Any member of the school community can be involved. Racist incidents may include: verbal and non-verbal abuse such as name-calling and racist jokes, verbal threats, cyberbullying (e.g. through the use of mobile phone, text messaging or ), non-verbal abuse (e.g. mimicking an individual because of racial, language or cultural differences), or refusing to co-operate with others because of racial or cultural differences; physical abuse, e.g. damage to individual s property, physical intimidation or physical assault, or where the victim, witness, or anyone else thinks there is racist motivation; other racially based behaviour such as collusion with the racist behaviour of others, inciting others to behave in a racist way, racist graffiti, displaying racist insignia (e.g. wearing racist badges), possessing or distributing racist materials, or attempting to recruit others to racist organisations. Racist incidents can involve people from any racial or ethnic background, and in schools can involve pupils, teachers, school staff, governors, parents and visitors. Some incidents, e.g. racist graffiti, may not involve an identified victim. Note that racist incidents can occur between people of the same ethnic group, while incidents involving people from different ethnic groups are not automatically racist in nature. Most racist incidents would come under the category of bullying behaviour, so it is important to ensure that the school s anti-bullying policy includes racist incidents. Other types of incidents, such as graffiti, possessing racist materials, or telling racist jokes may occur even when there is no target of abuse present. Racist incidents however are considered by the criminal justice system to be more harmful than incidents that do not contain a racist component. Racist attacks are committed not only against a community but also, in the view of offenders themselves, on behalf of a community. What do we mean by racist? The Race Relations Act (1976) defines discrimination on racial grounds as discrimination relating to race, colour, nationality (including citizenship) or ethnic or national origins. For the purpose of the new offence of Racially Aggravated Assault introduced in the Crime and Disorder Act of 1998, a "racial group" was defined with reference to these same categories; the 2 The Stephen Lawrence Inquiry: Report by Sir William Macpherson (Feb 1999) 6

7 Act makes it clear that even where there is a religious element to a crime, so long as some part of the motivation is racial, the offence will count as a racially aggravated offence. 3 We recommend schools adopt a broad definition of race or racial, bearing in mind that people s identities are complex and do not necessarily correspond to the categories used by the census. In its widest sense, the term should be interpreted as covering ethnicity, language, culture, religion and national origin. It is important to remember that any child, whatever their background, may in certain circumstances be exposed or subjected to racially motivated harassment. Hate Crime The Association of Chief Police Officers (ACPO) defines hate crime as any hate incident, which constitutes a criminal offence, perceived by the victim or any other person as being motivated by prejudice or hate. 4 A victim does not have to be a member of a minority or someone who is generally considered to be vulnerable, e.g. friends of a visible minority ethnic person may be victimised because of their association. The Racial and Religious Hatred Act (2006) makes it an offence to stir up hatred against individuals on religious grounds. UK race relations legislation recognises Jews and Sikhs as distinct racial groups, and schools are required to treat anti-semitic and anti-sikh incidents as racist. Less favourable treatment on the ground of a pupil s religion could also potentially be seen as indirect race discrimination. Although Muslims are not a distinct racial group, the Act makes it an offence to stir up hatred against individuals on religious grounds. Is racist bullying different from other types of bullying? Many teachers do not feel confident when dealing with racist incidents. One of the problems is that they do not feel sufficiently clear about how racist behaviour amongst pupils differs from other kinds of unacceptable behaviour. There are features that all types of bullying have in common but there are also features of racist incidents that are distinctive. These similarities and differences are described in Aiming High: understanding the needs of minority ethnic pupils in mainly white schools 5 and summarised in the DCSF set of guidance materials, Safe to Learn: embedding anti-bullying work in schools. 6 Among the features that all types of bullying have in common is the distress and feelings of rejection experienced by the victim as a consequence of abuse focused on a characteristic that they are very often unable to change, usually an aspect of their physical appearance, mannerisms or habits. All forms of bullying can cause fear and loss of self-confidence for the victim, and seriously affect their progress at school. Bullying is also damaging for the perpetrator as it develops a distorted self-image and false sense of their own superiority ACPO Aiming High: understanding the needs of minority ethnic pupils in mainly white schools, DfES (2004) 6 7

8 Racist bullying however differs from other forms of bullying in a number of ways. Racism has a long history affecting millions of people and is a common feature in wider society. People are seriously harmed and injured by it, and sometimes even viciously attacked and murdered. Words such spotty or fatty are seldom used by adults and seldom or never used by adults to justify offensive behaviour. Racist words and prejudices, however, are associated with discrimination in employment and the provision of services, and with a range of criminal offences. The law recognises the seriousness of racism by requiring that courts should impose higher sentences when an offence is aggravated by racist or religious hostility. The distinctive feature of a racist attack or insult is that a person is attacked not as an individual, as in most other offences, but as the representative of a family, community or group. So it is not just the pupil who is victimised who feels unwelcome or marginalised. Other members of the same group, family or community are in consequence made to feel threatened and intimidated as well. Racist words and behaviour are experienced as attacks on the values, loyalties and commitments central to a person's sense of identity and self-worth. Often, therefore, they hurt more deeply as well as more widely. Racist attacks are committed not only against a community but also, in the view of offenders themselves, on behalf of a community. Offenders see themselves as representative of, and supported in their racism by, their friends, family and peer group, and consequently they can feel justified in their behaviour. Usually the perpetrator of the offence is a member of a more socially dominant community group, and the victim a member of a minority and more vulnerable group. These factors combine to generate in the victim a fear and distrust of the whole social group or community to which the perpetrator belongs. Most bullying involves a series of incidents over time. In the case of racist bullying, however, a single one-off incident may have precisely the same impact as a series of incidents over time. This is because it may be experienced by the person at the receiving end as part of a general pattern of racist hostility. It can in consequence be every bit as intimidating, rejecting and hurtful as a series of events over time. Common concerns about dealing with racist incidents Schools may be reluctant to identify racist incidents for fear of being labelled a poor school. It is important to recognise that, on the contrary, a successful school is one that confronts racism when it occurs. Using the language of victim and perpetrator can oversimplify a situation where both parties were involved in escalating a situation into a serious incident. For example the victim of the racist incident could have goaded the perpetrator by calling him or her an offensive name. When we use the terms victim and perpetrator in this document we mean the victim of the racist incident and the perpetrator is the person who (is alleged to have) carried out the racist incident. Schools may prefer to use alternative terms in their own documentation. The term racist has a powerful resonance for most of us and we are sometimes reluctant to use it. Describing an incident as racist or racially motivated, however, does not automatically mean that the perpetrator is deliberately or intentionally racist. 8

9 Sometimes schools are unsure how to handle unintentional racism; for example, the child re-telling a joke they heard at home that someone else considers racist, or the use of inappropriate language. While schools cannot control the views and attitudes that pupils may be exposed to via the media, their families or their peers, they can and should set clear standards for behaviour expected at school, and challenge these attitudes when they are brought into their school. It should also be born in mind that for pupils growing up in households where racist comments are commonplace, school can offer positive alternative culture and values. Some teachers are worried about over-reacting to racist incidents, especially those of name-calling. Yet, although young children may not know the meaning of the words they use, they do usually know that the words will get a reaction from the victim. Teachers should be much more concerned about under-reacting, since it is more often the case that racist name-calling goes unreported. By the time the pupil or parent has reached the point of telling the school, the bullying may have been going on for a long time. What does research tell us about racist incidents? Racist incidents can happen in any school. In a recent survey of minority ethnic pupils attending mainly white schools, over a third reported experiences of hurtful name-calling or abuse, either at school or during the school journey. For around half of these pupils, the harassment had gone on for a long time. Certajn groups may be particularly vulnerable to racial harassment, e.g. o pupils from small or isolated minority ethnic communities o minority ethnic pupils with limited English o asylum seekers and refugees o Gypsy, Roma and Irish Traveller pupils o mixed race pupils o minority ethnic pupils who are Muslim o minority ethnic pupils who have Special Educational Needs or disabilities. Pupils and parents do not always report racist incidents to schools. This is because they may think that the school will not take the issue seriously or that reporting might make the situation worse. Minority language pupils or parents who speak little English may be additionally isolated, and unable to report or have their account heard properly. Pupils and parents may also feel reluctant to acknowledge the level of hostility they face from the wider community in which they live. The degree of hostility towards asylum seekers and Gypsies and other Traveller children is particularly conspicuous in society and more often condoned or even encouraged by the media than the hostility directed at other minority ethnic groups. Points to remember Teachers can be victims of racist abuse from pupils: for example, an overseas-trained teacher may be ridiculed or mimicked by pupils because of their accent. 9

10 There can be racist incidents in schools with no minority ethnic pupils, or where no minority ethnic pupils are involved, e.g. racist graffiti may be sprayed on a wall in a school, or staff or pupils might make derogatory comments about a minority group not represented within the school. There may be name-calling which can trigger out of proportion responses from ethnic minority children who have had painful experiences, e.g. refugees and asylum seekers. Teachers and even parents may often not be aware of the miseries that are being inflicted, or of the cruelty that is being perpetrated. 10

11 SECTION 3 Why is it so important to deal with racist incidents? Racism is destructive, not only for the victim, but also their family and community, and for the wider society. Yet many incidents go unreported, often because the victim feels that there is nothing anyone can do to help. The Stephen Lawrence Inquiry highlighted the need for all public authorities to pay much greater attention to racist incidents, and in particular, to listen more to the voices of the victims. Any form of bullying can have a damaging effect on a child, but racially motivated abuse or other harassment is particularly serious, as explained in the previous section. It is an attack on an individual s family, culture and identity, not just aspects of their personality. It can intimidate or threaten others from that culture, not just the specific individual who is the victim of the abuse. The offenders sometimes imply that their views are those held by a large section of the population, and their actions act reminder the victims that they are a vulnerable group. According to the DCSF Guidance on Recording and Reporting Racist Incidents, It is therefore essential that a school should clearly show solidarity with and support for pupils who are attacked, and take care not to provide any kind of comfort or encouragement to the offenders, or to the group or community to which the offenders see themselves as belonging. This is not to say that racist behaviour in schools should attract greater sanctions than other kinds of bullying. It does, however, mean that allegations of racist behaviour should be thoroughly investigated and that the educational task of reducing racist bullying should be taken extremely seriously. Incidents of course can be reported to appropriate authorities for the consideration of action under Section A of the Public Order Act (1986). There are legal, practical, and ethical reasons why schools must tackle racist incidents. These are explained below. Schools have a legal duty to deal with racist incidents and eliminate unlawful racial discrimination The Race Relations Act (1976) states that schools have a duty to ensure that staff and pupils do not face any form of racial discrimination, including attacks and harassment. The Home Office Code of Practice on Reporting and recording Racist Incidents states that all schools should deal with racial harassment and that this aspect of school discipline should be subject to inspection. Each school should record all racist incidents, including the date, the names of perpetrators and victims, the nature of the incident and action taken in response. Parents and governors should be informed of the number and nature of such incidents and the action taken to deal with them. Governing Bodies should inform (LAs) annually of the pattern and frequency of any incidents. 7 7 Code of practice: reporting and recording racist incidents, Home Office (2000) 11

12 The report to governors should be part of a report on the school s race equality policy action plan and should cover trends and year groups involved. In addition, the Race Relations (Amendment) Act 2001 requires all schools to positively promote good race relations and equal opportunities in all that they do. That includes ensuring that all pupils can learn in a safe and welcoming environment. Since 2007 schools have also been under a duty to promote community cohesion 8. The duty on schools came into effect in 2007 and the duty on Ofsted to report on the contributions made in this area in Tackling racist incidents effectively is a key step that schools can take in promoting race equality and community cohesion. The legal responsibility for the school to meet the requirements of the RRA rests with the School Board of Management or Governing Body, who should maintain an overview of the implementation of their Race Equality Policy. Schools may be asked by the local authority or by Ofsted to demonstrate how they promote racial harmony and whether pupils are able to learn free from harassment and discrimination. 9 Ofsted inspectors will look at how all schools monitor and respond to racist incidents, at how they meet the duty to promote community cohesion and at the wider strategies that they adopt to promote an environment where all pupils can learn and develop. Schools may wish to use the Ofsted Self-Evaluation Form to demonstrate links between their handling of racist incidents and their action plan on race equality. When Ofsted s inspectors or School Improvement Partners (SIPs) visit a school, they can ask for evidence to show what that school has been doing to tackle racism and promote harmony in the school community. Minority ethnic staff cannot work effectively in a hostile environment. All staff, regardless of their background, have the right to expect a workplace free from harassment and bullying. Racist bullying harms the achievement of pupils from minority ethnic backgrounds For pupils from minority ethnic backgrounds who experience racist bullying, education may be adversely affected. They may have difficulties concentrating on lessons because of the fear or anger caused by their experiences, and their self-confidence may be harmed, which will have a negative impact on their educational performance. All pupils need to learn how to live in a diverse world Racist incidents harm not only the victim, but the rest of society too. Schools that ignore racism, or deny its existence, communicate the wrong message to young people. If stereotypes and put-downs go unchallenged, negative images are reinforced. The success of our diverse society depends upon the children of today growing up to be adults who are prepared to challenge racism. Young people should grow up free of stereotypes, and with positive images of the variety of cultures and ethnicities that make up Britain today. 8 The Education and Inspections Act 2006 inserted a new section 21(5) to the Education Act 2002 introducing a duty on the governing bodies of maintained schools to promote community cohesion. 9 Recording and Reporting Racist Incidents, DCSF Guidance (2006) 12

13 All schools should be striving to be educationally and socially inclusive A school which is educationally and socially inclusive and has the capacity to promote equality and community cohesion and engagement is one in which the teaching and learning, achievements, attitudes and well-being of every young person matter, and where there is a strong ethos of respecting and valuing diversity. Monitoring and reporting racist incident will support schools in managing diversity and promoting race equality and community cohesion Racist incident reporting may help to pinpoint whether there is tension between certain ethnic groups, or whether certain year groups are more likely to be involved. This information can be used to help devise strategies to reduce the likelihood of further incidents. Monitoring incidents enables schools (and the LA) to look for patterns or trends in incidents, for example to establish whether: there are particular times of day or places when incidents are most likely to occur; pupils from a particular year group or ethnic group are more likely to be involved; there are repeat offenders or victims; initiatives aimed at increasing racial harmony appear to be working. Monitoring will have little impact on the number of incidents, however, unless it is combined with both clear policies to reduce the incidence of all types of bullying (an anti-bullying policy) and policies to improve outcomes for pupils from minority communities and increase awareness and understanding between people of different racial and ethnic backgrounds. Schools should have specific, clearly identifiable policies for promoting race equality as part of a wider policy on Equality and Diversity, linked to strategies for enhancing community cohesion and engagement. 13

14 SECTION 4 What can schools do to reduce the number of racist incidents? As schools improve their monitoring of racist incidents and their capacity to respond to them, they may find initially that the number of reported incidents is likely to increase as victims of racist bullying feel greater confidence about approaching staff to report incidents in the first place. In order to reduce the number of actual incidents as opposed to reported incidents, schools will need to implement a range of strategies. Listed below are some appropriate strategies recommended to schools. Promote excellence in teaching and learning and communicate high expectations for all pupils. Schools should aim to remove barriers to access and participation, offering equal opportunities to all their pupils to succeed at the highest level possible, and narrowing the attainment gap for minority ethnic groups which are underachieving. Promote strongly a school ethos that values and respects people from all ethnic, language, cultural and religious backgrounds. People who feel positive about themselves and respect the identity of others are less likely to be prejudiced. Make sure that staff, pupils, parents and the local community all know the principles that the school stands for. Strong leadership from the school s governors and the school s senior management team on the unacceptability of racism will give staff the confidence to manage incidents. Conversely, a lack of clear leadership in this area is likely to contribute to underreporting of incidents. Implement in full the school s policies aimed at promoting race equality and community cohesion. Under the Race Relations (Amendment) Act 2000, all schools have a general duty to eliminate racial discrimination, promote equal opportunities, promote good race relations and community cohesion. Every school must have a written race equality policy in place, preferably as part of a wider policy on equality and diversity and linked to the school s strategies for promoting community cohesion and engagement. Schools should ensure that this policy is being implemented throughout all aspects of school life. As defined in the DCSF 2007 guidance, promoting community cohesion means working towards a society in which there is a common vision and sense of belonging by all communities, the diversity of people s backgrounds and circumstances is appreciated and valued, similar life opportunities are available to all and strong and positive relationships exist and continue to be developed in the workplace, in schools and in the wider community. Ensure that effective anti-bullying policies and procedures are in place. o Monitoring racist incidents should be the responsibility of a senior manager. o Make it clear to pupils and staff that all forms of bullying are unacceptable. o Involve pupils in establishing acceptable standards of behaviour. o Identify a range of appropriate sanctions, understood by all, for pupils who undertake racist activities in school. o Make sure that the school has policies in place to protect staff from racist abuse from pupils, other staff members or members of the public. 14

15 Acknowledge the seriousness of racist incidents. Deal with all racially motivated incidents, including name-calling and non-verbal abuse such as mimicry. Such forms of abuse are insulting not only to the individual, but also to their family and culture. It may take a great deal of courage for a pupil, parent, or member of staff to admit that there is a problem. If incidents are dismissed as just teasing, this may add to the damaged to the victim s self-image; they may feel that their feelings are not important, or that perhaps it was their fault that the incident occurred. Children who use a racist name in anger should be talked to immediately. They need to understand that they have made a mistake and have hurt someone. The victim of the incident should not be ignored. A child who has been called a hurtful name will need reassurance that their race, culture, language or religion do not make them deserving targets and that they are highly valued within the school community. Take swift and appropriate action to deal with any racist incidents that do occur. All those involved in a racially motivated incident, whether as victim or perpetrator, or as individuals witnessing and/or reporting the incident, need to see that the incident has been dealt with decisively and that the appropriate sanctions have been implemented. Encourage pupils, staff and parents to report incidents. Make it clear that those who witness incidents must report them. Provide alternative methods of reporting: some schools carry out anonymous surveys to find out if racist bullying is a problem, others use a bully box where pupils can post complaints and concerns. Deal with allegations of racism by pupils against staff or other adults as a child protection issue. It is the responsibility of all headteachers, managers and chairs of governors to implement all policies and procedures relating to safeguarding/child protection, and ensure that all staff are made aware of them. Inform parents that the school is committed to ensuring racial harmony amongst its pupils, staff and the community. Ensure that your policy is accessible to parents and is understood by all of them. The parents least likely to be fully aware of your policy are often those whose children may be most at risk of racist abuse. You may find that not all parents support your school s stance against racism. However, while you cannot control what happens in the home, you can insist that pupils and parents behave in certain ways while in school. Ask parents to support your aims (e,g. that all members of the school community deserve respect) in the interests of creating a positive learning environment for all. Make sure all staff and governors understand the policies, and know how to deal with racist as well as other types of bullying. Offer opportunities for staff and governors to discuss racism and racist incidents to ensure that they are sensitive to causes and effects. Remember to include lunchtime supervisors and other support staff who may have to deal with racist incidents. Surrey County Council s service for Race Equality and Minority Achievement (REMA) can provide race equality training for schools. Encourage pupils to be involved in reducing bullying, including racist bullying, in the school. The DCSF set of guidance materials, Safe to Learn: embedding anti-bullying work 15

16 in schools, offers extensive advice on all forms of bullying and on how schools should respond. The DCSF guidance on dealing with racist incidents suggests that schools may wish to consider putting the Macpherson definition of a racist incident in words that are appropriate to the age and understanding of their pupils and to involve pupils in understanding and feeling responsible for their school s commitment to equality. Ensure that school policies, procedures and curriculum all reflect the context of your school community and value social and cultural diversity. The whole school should reflect a positive attitude towards people from all backgrounds, irrespective of whether the school has few or many minority ethnic pupils. Developing an understanding of social diversity is a crucial part of educating children to live in a modern society. The QCA has resources on defining racism and prejudice, and on valuing diversity and challenging racism in different areas of the curriculum and through 'circle time'. Establish links with local communities and community groups so that there is effective two-way communication. As part of your strategies for promoting community cohesion and engagement, provide opportunities, within and outside the curriculum, for pupils to interact with others from different backgrounds. Where possible, make positive use of the diversity within your school, e.g. as reflected in the variety of languages spoken by pupils. 16

17 SECTION 5 How should schools respond to racist incidents? All incidents which are perceived to be racist, however trivial, should be investigated by the school. If, after investigation, the conclusion is that there was no racist motivation, this information should be recorded. Incidents involving pupils When dealing with incidents, staff must attend to the needs and feelings of pupils who are attacked, their parents and carers, the children and young people principally responsible for the bullying, any supporters they have and any bystanders and witnesses. School procedures for dealing with bullying and other incidents should be followed. The appropriate response will depend on the age of the pupils involved, the nature of the incident, and its context, but as a general rule schools should: acknowledge the incident and express disapproval support the victim(s) and apologise for what has happened to them try to understand the background to the incident and what may have motivated the perpetrator(s), without excusing their behaviour explain to those responsible and any witnesses what was unacceptable about the incident; find a quiet place for this conversation, away from others decide on appropriate action, e.g. referring perpetrator(s) to the headteacher, removing racist materials, reminding pupils of the school s policy on race equality inform parents or carers record the incident inform the governors in the case of all serious incidents (governors should also receive an annual report on incidents at the end of the reporting year) ensure follow-up action is taken to prevent recurrences. Schools should always be alert to the possibility that incidents may conceal previous or ongoing bullying. Racist bullying can take the form of a series of apparently unrelated incidents affecting the same child, and there may be a cumulative effect on a child who may be being bullied as a result of many single incidents committed by different pupils. In some cases pupils who are the perpetrators may themselves also have been victims of racist bullying on other occasions. Some pupils, e.g. those from Traveller communities, have been known to respond to racist name-calling by fighting back, which teachers may mistakenly attribute to cultural traits rather than recognising this as an emotional response to bullying. 10 Incidents involving adults Treat incidents involving adults, including staff, governors and school visitors, with the same level of seriousness as those involving pupils. Do not tolerate offensive or disrespectful language or behaviour from anyone in the school community. If you cannot deal with the 10 Improving the Outcomes for Gypsy, Roma and Traveller pupils, DCSF (2009) 17

18 incident effectively for whatever reason, be prepared to seek the advice of an appropriate external agency. All staff have the right to work in a safe environment. It is the employer s responsibility for ensuring, as far as is possible, that the working environment is free from harassment. Many schools have adopted Surrey County Council s Fairness and Dignity at Work policies and procedures. These are designed for use by staff who feel they have been harassed, discriminated against, bullied or victimised. The school s discipline and misconduct procedures should be followed where a member of staff is involved in a racist incident as the (alleged) perpetrator. Incidents involving pupils and adults Allegations of racism made by pupils against adults, including school staff, should be treated very seriously. Schools should refer to Surrey Safeguarding Children Board Child Protection Procedures which can be found at and in particular to the Managing Allegations Against Staff at If you have an allegation or child protection concern about a member of staff or adult working with children which indicates that they have behaved in a way that has harmed a child, or may have harmed a child; possibly committed a criminal offence against or related to a child; or behaved towards a child or children in a way that indicates s/he is unsuitable to work with children call your Local Education Officer first if you are a maintained school or, for any other employer/agency, call the Safeguarding Children Unit Duty desk on to be put through to a Local Authority Designated Officer for allegations, who will advise on threshold for police/social care or internal investigation, and steps to be taken. In the national guidance on The Management of Allegations and Concerns Regarding the Professional Conduct of Staff (Child Protection) everyone who deals with allegations of abuse is reminded to maintain an open and inquiring mind, and to take allegations seriously: The rights of the child and member of staff must be considered. However, where there exists a conflict of interest between the adult and the child, then the child s interests must be paramount as required by the Children Act It is essential that the person to whom an allegation is reported by a child listens to the child making the allegation. The guidance states that they must not interrupt a child when recalling significant events nor make assumptions or interpretations, and should avoid asking questions, particularly leading questions. All the information should be recorded using the child s own words. Staff should not promise confidentiality to pupils who make allegations. They should inform the pupil that they have a duty to pass information on in order to protect children but information will 11 The Management of Allegations and Concerns Regarding the Professional Conduct of Staff (Child Protection) 18

19 only be passed on a need to know basis. They should also be reassured that support will be made available to them. Providing support for pupils alleging they have been victims of racist abuse or assault Pupils who allege that they have been victims of racially motivated behaviour may lack the confidence to approach a member of staff to report the incident. This may be the case particularly if the pupil feels isolated within the school because of their ethnic or cultural background, or because they speak little or no English. Offering support to pupils who have been victims of racist incidents and to their parents will give other pupils experiencing racist bullying more confidence about reporting such incidents. Involving other agencies In particularly serious cases such as physical assaults, inform the local police. Surrey Police switchboard number is If witnesses or victims wish to report incidents to the police, they can call Surrey Police on the number above, or alternatively they can use the Crimestoppers service by calling Surrey Police also provide a Stop Hate website at and contact number , which can be used to report all types of hate crime. Those reporting incidents can opt to remain anonymous if they prefer. There are instructions online. Schools should refer any cases where there are child concerns involving safeguarding/child protection issues to the Contact Centre Children s Team. During the working day you can reach Surrey Contact Centre on , Option 2 between 8am to 6pm Monday to Friday for new Social Care enquiries about children. Out of office hours, urgent referrals can be made to the Emergency Duty Team ( ). Professionals wanting to consult about whether to make a referral can contact Assistant Team Managers from the assessment teams at the Contact Centre on a rota basis, on or In cases of allegations against staff, contact your Local Education Officer team (see Section 8 for contact details). You may also need to contact the LEO team if the incident could be relevant to other schools in your area (e.g. an attempt by a local racist group to recruit members or the appearance of racist graffiti). For advice on monitoring, reporting and responding to racist incidents, on implementing policies to promote race equality, and on strategies for working with minority ethnic/language and Traveller pupils and parents, contact Surrey s REMA team (see Section 8 for contact details). For general advice on dealing with bullying, refer to Surrey's re-drafted guidance for developing Anti-Bullying Policy and Practice in our schools and settings. If a pupil is to be excluded for racist behaviour, refer to Surrey County Council s Exclusion Guidance or seek advice from your Behaviour Support local specialist team. Voluntary Aided / Controlled schools may also want to refer to their local diocese for advice on developing and implementing policies addressing race equality. Staff unions can provide support and advice to members involved in racist incidents. 19

20 What if allegations of racist incidents are found to be false? Occasionally, someone alleges that a racist incident occurred, but following an investigation, the allegation is found to be false. Sometimes this can be due to a misunderstanding (for example, a teacher may genuinely mishear what one pupil says to another), but there may be cases of malicious intent, e.g. with a pupil accusing another of using racist abuse in order to hurt that pupil or to excuse their own misbehaviour. These situations need to be handled with the same sensitivity as in the case of a genuine racist incident. The school should find out as much as possible about what has caused the situation, and offer appropriate support to the person falsely accused, as well as address the behaviour of the person making the allegation. Note that this only applies to situations where someone is alleging something occurred when it did not in fact take place. It does not apply to the situation where someone may try to justify their actions with comments like I didn t mean any harm or I was only joking. If the victim or anyone else involved considers the incident to be racially motivated, then it should be recorded as such. 20

21 SECTION 6 How should schools record incidents? Recording and reporting incidents within the school In order to record and respond to individual incidents, schools may wish to use the racist incident reporting form provided by Surrey County Council as a model [see Annexe A] or opt to use your own. Many schools already have an effective system for recording bullying and similar serious incidents, and there are sound reasons for using this same system for recording racist incidents. Schools may already be using or may wish to use the same system to record other types of bullying such as homophobic name-calling and sexual harassment. Whatever system is used, it must allow the person reporting to note whether the incident was perceived to be a racist incident. Schools are reminded that a racist incident is any incident which is perceived to be racist by the victim or any other person, that it may occur amongst people of any race or ethnicity and may involve pupils, staff, governors or visitors. The ethnicity of both victim and perpetrator will also need to be recorded. This data should be available for all pupils via the School Census, and for staff via personnel records. In some cases, though, there may be no identified victim. It is important that the recorded information is accurate and complete even where the incident itself does not appear serious, since there is a chance that it could be used as evidence in a subsequent prosecution if more serious incidents occur at a later stage. A member of the school senior management team should have overall responsibility for monitoring racist incidents to ensure that policies and procedures are working effectively. All schools must report at least annually to their governing body on the number and nature of racist incidents, and on any follow-up action taken. Annual report to the LA All schools are legally required to report to their Local Authority a summary of the number and nature of racist incidents that have occurred during the previous year. Surrey County Council has a system in place that enables schools to do this. In order to report incidents to the LA, schools need to use the electronic Racist Incident Monitoring Spreadsheet. A revised version (April 2009) is available for download from the VT Four S data management website, along with guidance notes for completion. See Annexe D for guidance notes on completing the monitoring spreadsheet and for a list of required data categories. For each incident, the form requires you to enter the following information for both perpetrator(s) and victim(s): o numbers involved o category (i.e. pupil, teaching or other staff, parent or other adult) 21