Guidelines for Reporting and Dealing with Racist Incidents in Bexley s Schools and Other Educational Settings

Guidelines for Reporting and Dealing with Racist Incidents in Bexley s Schools and Other Educational Settings www.bexley.gov.uk

Contents 1. Purpose of Guidelines 16 2. The Legal and Policy Framework 17 3. A Whole School or Setting Approach 20 4. The School/Setting Policy 21 5. Definition of a Racist Incident 23 6. Dealing with Allegations 25 7. Proposed Procedures for Dealing with incidents: 1. Physical assault against a person or group because of 29 colour, race and/or ethnicity 2. Name calling/racist jokes 29 3. Racist graffiti 29 4. Provocative behaviour such as racist badges or insignia 30 5. Bringing racist material, leaflets, comics, magazines, 30 computer software into school 6. Verbal abuse/threats 30 7. Racist comments in classrooms 30 8. Ridicule of an individual for cultural or religious differences, e.g. food, music, dress, worship 31 9. Refusal to co-operate with other pupils because of their 31 race, ethnic origin, etc. 10. Racist incidents outside school or setting 31 8. Incidents Involving Young Children and Young People with Learning Difficulties 32 9. Incidents Involving Staff 33 10. Supporting Victims 34 11. The Role of the Governor 35 12. Monitoring and Recording 38 13. Council Monitoring 40 Appendices A. Key Council Contacts 44 B. Racial Incidents Report Form 46 C. Training 56 D. Race Equality Model Policy for Schools and Other Settings 68 E. Issues related to faith, and issues related to faith and culture 78 F. Auditing the School s or Settings current performance in dealing with racial 88 equality matters G. Useful Contacts 90 14

Acknowledgements Many of those people within Bexley s education community who contributed to developing these guidelines are listed in the Strategy document. We are most grateful to them for their commitment to this work. In addition, we should like to thank the many people, including head teachers, members of voluntary groups and school governors who responded so constructively to our consultation process. We also looked at good practice elsewhere in the country and were pleased to draw ideas from the following local authorities: Bristol City Council Dudley Metropolitan Borough Council Education Leeds Leicester City Council Medway Council Newcastle City Council Swansea City and County Council 15

Purpose of the Guidelines Legislation and national policy require governing bodies of schools and other educational settings to keep under review their existing policies for promoting race equality, including strategies for tackling racist incidents. The law states that failure by a governing body to deal adequately with complaints of racial harassment could be seen as discrimination. This document therefore supports schools and other settings in addressing racist incidents. Bexley Council is committed, as part of its Race Equality Scheme, to setting up procedures to monitor and report racist incidents in schools and other settings and to provide support as necessary to address and work towards eradicating racism. These guidelines are designed to: Support schools and other settings in fulfilling their obligations under the Race Relations Act 1976, Race Relations (Amendment) Act 2000 and the Human Rights Act; Provide guidance to help establish effective procedures for reporting and recording and dealing with racist incidents; Assist schools and other settings in meeting the Commission for Racial Equality (CRE) Standards for Race Equality in Schools and other settings, Learning for All ; Contribute to the promotion of high standards in primary and secondary education for all pupils through an environment free from fear and discrimination; Enable schools and other settings to satisfy the expectations of the Ofsted inspection; Assist the Council in fulfilling its statutory duties under the Race Relations (Amendment) Act 2000; Enable the Council to work effectively with partner agencies in order to contribute to strategies and intelligence which will reduce the frequency of racial attacks and harassment and work towards eradicating them; Ensure that anti-racist practice is developed within an equalities framework; Help professional educate the perpetrators of racism through corrective measures; and Support those who are the victims of racist behaviour. Contribute to developing a safe and harmonious working environment for all students and staff and developing preventative measures so that they can achieve their full potential; 16

The Legal and Policy Framework It is incumbent on every institution to examine their policies and the outcomes of their policies and practices to guard against disadvantaging any schools and other settings of our communities... there must be an unequivocal acceptance of the problem of institutional racism and its nature before it can be addressed, as it needs to be, in full partnership with members of minority ethnic communities. (Macpherson Report on the Stephen Lawrence Inquiry) This section provides an overview of relevant legislation that requires local authorities and schools and other settings to eliminate racial discrimination and promote good race relations. 1. The Race Relations Act 1976 The Race Relations Act, Section 71, states that it shall be the duty of every local authority to make appropriate arrangements with a view to securing that their various functions are carried out with due regard to the need: a. To eliminate unlawful racial discrimination because of race, colour, nationality (including citizenship) or national or ethnic origin; and b. To promote equality of opportunity and good relations between persons of different racial groups. The Race Relations Act 1976 makes it unlawful to discriminate against a child/adult directly or indirectly. Direct discrimination can be intentional or unintentional, and indirect discrimination means applying conditions that intentionally or unintentionally disadvantage a particular racial group. More specifically, the Act makes it unlawful for education establishments to discriminate in any way that they afford pupils access to benefits, facilities or services. Failure to deal adequately with complaints of racial harassment may mean the school becomes liable under this provision if a Black or minority ethnic child suffers as a result. It should be noted that for the purposes of the Act, Irish Travellers and Gypsies are considered to be ethnic groups. Incidents of harassment against all Travellers and Gypsies should therefore be treated as seriously as those involving other groups. Support in this area is available from the Bexley Traveller Education Services. 2. Protection from Harassment Act 1997 This Act introduced four new criminal offences: harassment: six months' imprisonment and/or a fine; fear of violence; either way, five years' imprisonment and/or a fine on indictment; breach of civil injunction: same penalty as above; and breach of restraining order: same penalty as above. One of the major benefits of the Act is that all of the offences are arrestable; the Crown Court and the magistrates' court can make a restraining order on conviction, prohibiting the defendant from doing anything described in the order, for the purpose of protecting the victim from further harassment or fear of violence. 3. Part II of the Crime and Disorder Act 1998 This introduced a new description of racially aggravated offences, and placed a duty on local authorities to work with the Police and others at a local level to reduce crime and disorder. 17

4. Circular 10/99 Social Inclusion: Pupil Support This document encourages schools and other settings to be aware of the discriminatory effects of stereotyping and implementing colour blind policies as these can lead to persistent inequalities. It recommends that Governing Bodies and head teachers monitor disciplinary measures against minority ethnic pupils to ensure that the school s behaviour policy works to counteract racial prejudice and harassment. It is clear that schools and other settings should record all racist incidents, inform parents/ carers and governors of the incidents and the action taken to deal with them. It states that all schools behaviour policies must make clear that racial harassment is not tolerated and say how staff and pupils should deal with it. Section 61 of the Schools and other settings Standards and Framework Act 1998 and DfES Circular on Social Inclusion recommend schools and other settings take clear action against all bullying and specifically mention racist bullying. 5. The Race Relations (Amendment) Act 2000 The Race Relations (Amendment) Act 2000 is based on the recommendations of the Stephen Lawrence Inquiry and the Macpherson Report and came into force in April 2001. It strengthens the 1976 Act by: Extending the protection against racial discrimination to all public functions; and Placing a new enforceable positive duty on public authorities to promote race equality. The Race Relations (Amendment) Act 2000 applies to all educational establishments and other settings and requires schools and other settings amongst other public organisations to meet the general and specific duties. The general duties require schools and other settings to: Eliminate unlawful racial discrimination; Promote equality of opportunity; and Promote good relations between people of different racial groups. Schools and other settings must address all three strands of the general duty and are required to be pro-active. To help schools and other settings meet their general duties, the Home Secretary introduced a number of specific duties on schools and other settings which are to: Prepare and maintain a written race equality policy (required by May 2002); Assess the impact of policies on pupils, staff and parents from different racial groups; Monitor the impact of the operation of policies on pupils, staff and parents from different racial groups; and Take reasonable practical steps to publish annually the results of monitoring. Page 18 of the Commission for Racial Equality s Guide for Schools contains details of areas schools and other settings should be monitoring. The Race Relations (Amendment) Act 2000 provides wider protection against racial discrimination. Public authorities, schools and other settings and the COUNCIL should ensure that all reported incidents of racism are recorded, investigated and monitored. The Governing Body is responsible for ensuring these duties are met. 18

6. Race Relations Act 1976 (Amendment) Regulations 2003 These Regulations are concerned with the principle of equal treatment between persons, irrespective of racial or ethnic origin, in the areas of employment (and related matters), social protection, social advantage, education and access to and supply of, goods and services which are available to the public. The regulations include: i. a new definition of indirect discrimination, on grounds of race or ethnic or national origins; ii. a new definition of harassment, on the grounds of a person's race or ethnic or national origins; iii. the statutory prohibition of harassment; 7. Ofsted Handbooks for the Inspection of Schools and other settings This requires inspectors to consider the extent to which adults in the schools and other settings are aware of, and take steps to, counter negative attitudes. They will evaluate the extent to which pupils are encouraged to work in mixed groups. If there is evidence of racism, they must find out what the school is doing to counteract it. Ofsted inspectors will check that policies have an explicit reference to the intolerance of racial harassment. They will check that systems are in place to record the pattern of incidents, that incidents and action taken are reported to governors, parents/carers and the Council, and will ask for records for the previous twelve months. iv. the duty of the Commission for Racial Equality ("the CRE") to work towards the elimination of harassment (in addition to its existing duty in respect of discrimination); and v. altering the burden of proof in tribunal and court proceedings relating to discrimination on grounds of race, ethnic or national origins, or harassment Web links: Race Relations Act 1976 (Amendment) Regulations 2003 (SI2003/1626): www.hmso.gov.uk/si/si2003/20031626.htm 19

A Whole School Approach It is a fundamental principle of this guidance that every child and/or young person has a right to an education free from fear, harassment or discrimination. Responses to racist incidents should be part of a broader whole institutional response to racism, which has a focus on creating a climate that prevents racist incidents occurring. A positive anti-racist school ethos and anti-racist curriculum is vital. The National Curriculum requires schools and other settings to educate pupils to challenge discrimination and stereotyping and Ofsted is committed to evaluating the pupils understanding of the effects of stereotyping, prejudice, sexism, racism and all forms of discrimination. Aiming High: Raising the Achievement of Minority Ethnic Pupils (DfES/0183/2003) outlines the characteristics of a successful antiracist school as one where there is: Effective teaching and learning: Lessons are planned and delivered as effectively as possible, with support for bilingual pupils and teachers and be able to reflect the cultures and identities of the communities represented in their schools and other settings in lessons; Ethos of respect, with a clear approach to racism and bad behaviour: There is a strong ethos and culture of mutual respect. There are clear and consistent approaches to bad behaviour, bullying and tackling racism across the whole school with a focus on prevention; Parental involvement: Parents/carers and the wider community are positively encouraged to play a full part in the life of the school; Pupil involvement: Pupils are positively encouraged to play a full part in tackling racism in the school. Strong leadership: The Headteacher and Senior Managers lead an effective and explicit anti-racist strategy; High expectations: All pupils are expected and encouraged to reach their highest potential by teachers and parents. This is underpinned by practical use of monitoring and data to tackle underachievement; 20

The School or Setting s Policy Rationale Dealing appropriately with racial harassment is not just a disciplinary matter. The school s attitude, strategies and procedures in relation to such matters play an important part in the moral education of pupils. Schools and other settings should have structures and procedures in place to allow everyone teaching and support staff, other adults in schools and other settings and pupils to be able to play a role in tackling racist incidents. Responsibilities Head teachers have a legal responsibility to take measures to prevent all forms of bullying and schools and other settings should have a policy for dealing with racial harassment which clearly sets out the procedures (See page 6). This should either be: A separate Racial Harassment Policy; or A model policy for schools and other settings can be downloaded from the Council s website. Content A policy should cover these areas by stating that: all pupils and parents on admission to the school will be informed that racism will not be tolerated and that all acts of racism be treated seriously; all allegations of racial harassment will be taken seriously and dealt with within a reasonable timescale; all allegations should be investigated, dealt with appropriately and recorded in detail as accurately as possible; A specific section within another policy, e.g. Behaviour Policy, Anti-Bullying policy. A clear policy and procedures, specific to the school, should be developed in consultation with staff, governors, pupils and parents. It is good practice to consult the Local Authority and other bodies proficient in racial equality, such as the Bexley CRE. Familiarisation with procedures will be needed for all staff, governors, School Midday Meals Supervisors, administrative staff, parent helpers, playground staff, caretakers and any other adults working/visiting the premises on a regular basis. Regular training for all staff is therefore an essential element in the development and implementation of the policies, procedures and practices, and can be provided by the Council s Equalities Officer. all incidents, however minor they are considered to be, are recorded on an incident form (See procedures on?). One copy will be retained by the school and one copy forwarded promptly to the Council s Race Equality Officer; school records will be kept for 24 months; the incident forms should be available for inspection by staff, governors, Council officers, Ofsted and other relevant bodies such as the Local Authority and Bexley CRE, as appropriate on request; why and how records will be analysed annually along with updates and actions takenand a report should be presented to staff, parents and governors; the Governing Body includes a Race Equality Governor. 21

Implementing the policy It is also sensible to have a member of the Senior Management Team with designated responsibility for racism. This person should then be informed of all incidents, coordinate any investigation, ensure completion of necessary paperwork and any pastoral or other appropriate support. 22

Definition of a Racist Incident In the publication of the report of the inquiry into the murder of Stephen Lawrence, Recommendation 12 was that the definition of a racist incident should be: any incident which is perceived to be racist by the victim or any other person. This recommended definition is not to prejudge the question of whether a perpetrator s motive was racist. The purpose of the definition is rather to ensure that investigations take full account of the possibility of a racist dimension to an incident and that statistics are collated on a uniform basis. Racist jokes, insults and comments; Physical assault against a person or group because of colour, ethnicity, nationality or religion; Incitement of others to behave in a racist way; Refusal to co-operate/work with other pupil/pupils because of their race, colour, ethnicity, nationality, national origin or status, or religion; and Bringing racist material to school. (Source: Code of Practice on Reporting and Recording Racist Incidents, Home Office. May 2000). This definition is also designed to take account of the fact that there is under-reporting of racist incidents and provides a starting point for schools and other settings in addressing the wide range of behaviours which could be racially motivated. Schools and other settings are strongly encouraged to contact the Council Equalities Officer when they are unsure as to whether an incident is racist or not. Racist incidents can involve any of the following activity: Verbal abuse and threats name calling is the most common expression of racism. Sometimes viewed as trivial, although its affect on children can be profound; Racist graffiti; Provocative behaviour, racist badges, etc. bullying through mobile phones is also emerging; Racist comments in during discussions in classrooms; Ridicule of cultural differences: food, dress, language, names, appearance etc.; (This is not an exhaustive list and new types of incidents regularly emerge). It should be made clear that failure to deal with what can be a minor incident, could be seen as condoning racism and may well lead to more serious incidents in the future. Therefore the policy should cover victimless action such as graffiti and we would also expect to have incidents reported in schools and other settings where there are few minority ethnic pupils. Whilst it is important to acknowledge the ways in which racist bullying and name calling are similar to other kinds of bullying and need to be dealt with in the same way, it is also crucial to explain and stress there are substantial differences:- The difference between racist name calling and most other forms of bullying lies in the fact that racism has a long history affecting millions of people of ethnic minority origin; that it is a common feature in wider society, with people being seriously harmed and injured by it, and sometimes even viciously attacked and murdered; and that children, do not, always inevitably grow out of it. The law of the land recognises the seriousness of racism by requiring that courts should impose higher 23

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. This has three particularly harmful consequences beyond the victim feeling threatened and diminished: a. Other members of the same group, family or community are made to feel threatened and intimidated as well. So it is not just the pupil who is attacked who feels unwelcome or marginalised. When they call me Paki, explains nine-year-old Sereena, it s not just me they re hurting. It s all my family and all other Black people too. Racist incidents involving Gypsies and Travellers should be dealt with under these guidelines and procedures. Preventative and awareness raising work should also be undertaken to prevent discrimination against these groups before it occurs. It is essential that the unlawful nature of harassment is understood clearly: Harassment occurs when someone s words or actions, based on the relevant grounds, are unwelcome and violate another person s dignity or create an environment that is intimidating, hostile, degrading, humiliating or offensive It should also be known that harassment is punishable by law. b. Since racist incidents affect a group as well as an individual, they are experienced as attacks on the values, traditions, loyalties and commitments central to a person s sense of identity and self-worth their family honour, friends, cultural heritage, religion, community, history. Racist, cultural and religious abuse is accordingly likely to be more hurtful than any other kinds of abuse. c. Racist attacks are committed not only against a community but also, in the eyes 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. It is therefore essential that a school should provide support for pupils who are victims, 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. 24

Dealing with Allegations Schools and other educational settings must make it clear that all forms of racism are unacceptable. Racist name-calling should be recorded and followed through. Action needs to be positive, but also sensitive. We must learn: Be sensitive to changes in behaviour of their child that might indicate that s/he is being subject to harassment Know what will happen, and the implications for them and their child, if their child has been involved as a perpetrator What to say to affirm and support a child who has been hurt by racist comments and behaviour Know how the school is working proactively through the curriculum and school ethos to tackle racism How to communicate to parents/carers of both perpetrator and victim and help them support the child What to say to a child when s/he inflicts this kind of hurt How to talk to their parents/carers about this. It is better if the school works strategically on racist incidents with parents/carers and others, rather than just responding to incidents when they occur. All parents/carers need to: Be given the chance to be involved in developing the school s policy and practice regarding racist incidents Have an opportunity to see this and get involved themselves All school staff need to enable children to: Be able to talk about differences sensitively Ask appropriate questions about difference without being unkind and insensitive Explore equality issues using Persona Dolls is an invaluable strategy, especially in the Early Years and primary schools (see Combating discrimination: persona dolls in action, B Brown, Trentham, 2001: 1858562392) Talk about racist, and other similar incidents Clearly understand the school s position on racism and racist incidents The educational rationale for the school s stance Understand what school procedures in this area are Know how these might affect them Develop the skills to counter racist (and other) teasing and to take appropriate action against abuse, excluding behaviour and taunting Principles for dealing with allegations The following principles should inform schools policies of racial harassment and response to individual incidents. Know what they do if their child has been subject to racist harassment Appropriate systems should be in place to ensure victims of racism can disclose their attack in confidence. 25

All staff should be aware of the processes and procedures of dealing with racial incidents. All incidents should be responded to immediately and appropriately. Some aspects of the response will need to be dealt with at a later stage, for example, contact with parents. School staff should understand that their reactions to such incidents will influence the attitudes of pupils. For example, a failure to respond will be seen as condoning racist behaviour. All members of the school community, including staff, pupils and parents have a right not to experience racism at school whether or not this is directed at them. It is important that school staff acknowledge that pupils and staff who have experienced racism may have developed strategies to deal with this. Intervention should, where possible, support and empower pupils/staff who have suffered harassment. A balance should be struck between supporting pupils/staff and protecting them. For example, the school's response should be discussed with and explained to the pupils and parents or staff involved. School staff should feel that dealing with these issues is a learning experience and that there is no one way of dealing with incidents. All incidents must be recorded, including the date, the names and ethnicity of the perpetrators and victims, the nature of the incident, and action taken in response. Pupils who have experienced racism and their parents should be kept fully informed at each stage of the process. Schools must ensure that there is a strong prevention strategy in place involving policies, procedures, training for all staff, curriculum work and links with other agencies. An ethos in which pupils are encouraged and enabled to report behaviour that is of concern, including bullying and harassment, will be a significant part of such a strategy. Systems The school or setting should have in place clear and known systems through which victims of harassment can disclose. These should include publicising: a. to whom in the institution a victim can go to talk about their plight; b. the arrangements for those who feel they cannot approach anyone personally some schools have discrete post-boxes where victims of harassment can place a note; c. the third party reporting scheme that is managed by the Bexley Community Safety Partnership (See Useful Contacts Appendix F) What to do when an allegation is made If anyone feels an incident is racist then: A. Initial Response a. Treat the issue seriously b. Respond immediately c. Reinforce school s position and rules on racism d. Focus on the perpetrator s behaviour (rather than the person) e. Connect with pupil s feelings f. Support and affirm the victim, explaining how racism works through the stereotyping of an individual 26

B. Record on Racist Incident Report Form C. Investigate a. Senior Manager to lead b. Listen to all parties c. Address underlying issues, e.g. an incident may not be racially motivated in origin it might be a dispute over resources in which racist abuse has been used: in which case the original issue should be sorted out as well as the use of the unacceptable words that made it a racist incident d. Make sure race issues are covered do not just treat incidents as a case of simple bullying be able to explain why it is a racist incident if you judge it to be such e. If it is not judged to be a racist incident this would need to be explained to the parties involved, though the incident might still remain as another kind of infringement of the school s behaviour policy which needed a response D. Further Response a. Inform (a standard note can be useful) and involve tutors/class teachers b. Follow through with both victim(s) and perpetrator c. Address the perpetrator s racist behaviour and correct racist misconceptions, e.g. about not belonging in our country d. Reinforce the school s position and rules on racism e. It may be useful to bring both parties together and give them a chance to be involved in resolving the situation f. Contact parents/carers (or Social Services in the case of looked after children ) of both victims as well as the perpetrators a procedure for reporting should be in place. This could involve a letter appropriate to the situation or a phone call with an invitation into school (if felt to be appropriate) N.B. Victims have a right to refer cases to the police or other body such as the Race Equality Council if their parents/carers so wish and all parties have a right to appeal to the Governing Body. E. Complete the Racist Incident Reporting Form Complete Racist Incident Reporting Form and retain one copy for the school with names of victim and perpetrators and send a copy (hard copy or email) to the Council s Equalities Officer with a reference number and no names (see Appendix B). F. General Follow Through a. Follow through with appropriate measures to reinforce the school s position with individuals/group/class/ school via assembly, circle time, tutor period and curriculum b. Present monitoring returns to staff to ensure regular discussion and development of good practice c. Continue to encourage pupils to report and discuss racist incidents and how they should respond d. Use existing means of involving pupils, such as a pupil post box or student council e. Work with other agencies to promote good relations and adopt or adapt good practice. f. Efforts should be made to encourage, appreciate, acknowledge, embrace and celebrate greater understanding and harmony 27

g. Governing Body should: i. be informed termly of incidents and actions taken to deal with them as a part of the head teacher s termly report; ii. look for patterns, good practice, etc. N.B. iii. nominate a governor to have oversight of this area Given that there may sometimes be ongoing exclusion, disciplinary, grievance and legal proceedings in connection with incidents, names of individuals should not be used in any monitoring reports. All of the above should be dealt with in accordance with Data Protection Act and confidentiality should be maintained at all times. Under the freedom of information act, schools should be aware of the need to record and keep evidence where allegations are made; and that parents may wish to have access to these documents. 28

Procedures for dealing with racist incidents The following are checklists for dealing with different types of incidents that schools and other settings may wish to adopt. It is important that decisions made are consistent with the overall ethos and environment of the school and the explicit policy framework. 1. Physical assault against a person or group because of colour, race, religion and/or ethnicity a. Report to the designated staff member or Head teacher b. Consider if the school needs the support of the Police or advice from the Council Race Equality Officer c. Full report to the Head teacher d. Take appropriate disciplinary action within the school behaviour policy against the perpetrator e. Head teacher should inform parents/ carers and where appropriate, the Governing Body f. Head teacher to take necessary action to prevent recurrence, through the curriculum, tutor groups, assemblies and/or removal of perpetrator g. Offer support to the victim/victim s families h. Offer counselling remedial work to the perpetrator i. Reinforce the establishment s racial equality and racial harassment policies j. Record on a racist incident reporting form k. Send a copy of the racist incident reporting form to the Council s Equalities Officer 2. Name calling/racist jokes a. Explain fully to the perpetrator that racist abuse is unacceptable and will not be tolerated b. Full report to the designated staff member or Head teacher Parents/carers should be informed c. Take appropriate disciplinary action within the school behaviour policy against the perpetrator d. Offer support to the victim/victim s families e. Offer counselling remedial work to the perpetrator f. Record on a racist incident reporting form and keep one copy for the school g. Send a copy of the racist incident reporting form to the Council s Equalities Officer 3. Racist graffiti a. All racist graffiti should be reported to the Headteacher and immediately removed b. Consider contacting the police ~ Investigate/make enquiries c. Regular checks should be made and steps taken to discourage reappearance of graffiti d. If perpetrator is known, parents/carers should be informed e. Take appropriate disciplinary action within the school behaviour policy against the perpetrator f. Offer counselling remedial work to the perpetrator 29

g. Record on racist incident reporting form and keep one copy for the school h. Send a copy of the racist incident reporting form to the Council s Equalities Officer 4. Provocative behaviour such as racist badges or insignia a. Educational institutions should not permit the wearing of racist badges or insignia b. Consider support of the police c. Parents/carers should be informed d. Take appropriate disciplinary action within the school behaviour policy against the perpetrator e. Offer counselling remedial work to the perpetrator f. Record on racist incident reporting form g. Send a copy of the racist incident reporting form to the Council s Equalities Officer 5. Bringing racist material, leaflets, comics, magazines, computer software into school a. All forms of racist literature and materials should be removed immediately b. Refer pupils to the Headteacher or Head of Year Parents/carers should be informed c. Take appropriate disciplinary action within the school behaviour policy against the perpetrator d. Offer counselling remedial work to the perpetrator e. Record on racist incident reporting form f. Send a copy of the racist incident reporting form to the Council s Equalities Officer 6. Verbal abuse/threats a. Staff must not ignore any form of verbal abuse in the school b. Explain fully to the perpetrator that racist abuse will not be tolerated c. Persistent perpetrators must be dealt with through the behaviour policy d. Parents/carers should be informed e. Offer support to the victim/victim s families f. Offer counselling remedial work to the perpetrator g. Record on racist incident reporting form and keep one copy for the school h. Send a copy of the racist incident reporting form to the Council s Equalities Officer 7. Racist comments in classrooms a. Racist statements must not go unchallenged b. The school should have clear guidance for staff on how to react to the use of racist comments in the classroom c. Parents/carers should be informed d. Take appropriate disciplinary action within the school behaviour policy e. Persistent perpetrators should be referred to the Headteacher or Head of Year f. Offer counselling remedial work to the perpetrator g. Record on racist incident reporting form and keep one copy for the school 30

h. Send a copy of the racist incident reporting form to the Council s Equalities Officer 8. Ridicule of an individual for cultural or religious differences, eg food, music, dress, worship, name a. Members of staff must not ignore any form of ridicule b. Explain fully to the perpetrator that racist behaviour will not be tolerated c. Persistent perpetrators must be referred to the Headteacher or Head of Year d. Take appropriate disciplinary action within the school behaviour policy e. Parents/carers should be informed f. Offer support to the victim/victim s families g. Offer counselling remedial work to the perpetrator h. Record on racist incident reporting form and keep one copy for the school i. Send a copy of the racist incident reporting form to the Council s Equalities Officer f. Record on racist incident reporting form and keep one copy for the school g. Return a copy of the incident reporting form to the Council Race Equality Officer 10. Racist incidents outside the school If racist incidents are taking place outside the school or involve outside perpetrators, these incidents should be brought to the attention of the head teacher and be reported to the relevant authorities, such as the police or the Local Authority, who may want to take action under the Public Order Act. If incidents are taking place outside the school involving school pupils as perpetrators, the incidents should be brought to the attention of the head teacher and be reported to the parents of the pupils involved as these incidents affect the image, reputation and position of the whole school. Outside agencies or communities may be involved as appropriate. Schools and other settings should be aware of local issues in the wider community and the risk of them being brought into the school environment and strategies to tackle racism need to take account of this context. If there are such implications, contact should be made with the Council s Equalities Officer. 9. Refusal to co-operate with other pupils because of their race, ethnic origin, etc a. Persistent offenders must be referred to the Headteacher or Head of Year b. Take appropriate disciplinary action within the school behaviour policy c. Parents/carers should be informed d. Offer support to the victim/victim s families e. Offer counselling remedial work to the perpetrator 31

Incidents Involving Very Young Children or Young People with Learning Difficulties Dealing with racist incidents involving very young children is an issue that needs careful consideration and thoughtful handling. Incidents involving young children do happen, and teachers need to respond to them positively and work to prevent their occurrence. The approach is the same in principle, however, to that outlined in the previous section. (See Dealing with Allegations ) Research shows that young children are aware of physical differences related to ethnicity and they attach values to these difference in line with the judgements prevalent in the home, family, community and society. It may well be that what appears to a victim and others, including their parents/carers, to be a racist incident may not have an explicit racist intention. However, perpetrators must be faced with taking responsibility for the outcomes of their behaviour. They must be made aware of the hurt they have caused and not be allowed to feel empowered at someone else s expense. The schools and other settings must make it clear that all forms of racism are unacceptable. Racist name-calling should be recorded and followed through. Action needs to be positive, but also sensitive. Children may use derogatory racist terms and behave in ways which are racist, eg. Refusing to sit next to or refusing to play with other children because of their ethnicity. Though this does not mean that they are hardened racists, it would be a mistake to disregard or play down such behaviours because they didn t mean it or she didn t really understand or it s only a name. 32

Incidents Involving Staff An allegation of racist behaviour on the part of any member of the teaching or support staff is a serious matter which is the responsibility of the Governing Body to deal with. It should be clearly understood that a teacher, as a provider of education and trainer of future citizens of the nation, racist behaviour by a teacher, whether by commission or by omission, is considered to be an abuse of power. If proven, the allegation could lead to serious disciplinary action. a. Racial harassment by a member of staff against another member of staff Allegations of racial harassment by a member of staff (whether they be against pupils, parents or against another member of staff) will need to be carefully considered and might be addressed through the Fair Treatment at Work procedures or the school s or setting s grievance procedure (Governing Bodies need to adopt these procedures formally) or under formal disciplinary procedures. Advice should be sought immediately allegations are made. b. Racist behaviour against a pupil Allegations of racist behaviour against a pupil may be raised by the pupil, or his/her parents/carers, or even another member of staff, under the school s complaints procedure. c. Investigating a complaint In all cases, the allegation should be investigated by the head teacher (or someone nominated by the head teacher), or, if the allegation is about the head teacher, nominated governor(s). On completion of the investigation, the investigating officer should make his/her recommendation to the head teacher / Chair of Governors. The recommendation could include taking formal disciplinary action or the use of other school procedures. Where a member of staff is the victim of racist behaviour, s/he should be offered appropriate support. This might include reference to counselling which can be arranged through the Council s Occupational Health Service. 33

Supporting Victims It is vital that schools and other settings create a climate in which pupils and staff feel able to report incidents of racial harassment and to expect prompt, appropriate and consistent responses from all members of staff. This can encourage the reporting of incidents. Having a sensitive and caring approach is one effective way to demonstrate the commitment of the school in combating racism and creating an anti-racist ethos and environment. All staff should be aware of the priority attached to supporting victims and taking positive action to deal with the situation. Schools and other settings should be conscious of the potential value in many cases of involving parents/carers of the pupils who have been racially harassed. Victims and, where appropriate, their families should have a named member of the school staff as a point of contact for advice and support. Victims and, where appropriate their parents/carers, should be kept fully informed of what action the school has taken or will be taking, to deal with the incident/perpetrator; reassuring them that the school will take steps to prevent any repetition, repercussions or victimisation. Victims and their parents/carers should be advised of their rights to contact the police if they think a criminal offence has occurred. Provide the victim and their parents/carers with information about external agencies such as the BCRE and Victim Support who can offer help and support. Schools and other settings should develop a whole school response to incidents if particular minority ethnic groups or gangs are involved as part of the development of preventative actions and promoting good race relations. An alternative source of support should be identified either amongst staff or an external agency, including the Council, in case the designated member of staff is not available or other support is preferred. If English is not the victim s or their family s first language, then schools and other settings must arrange for an interpreter to be present when meeting with them. It is also important to be sensitive to wishes of the victim and/ or the victim s family and there should be clear opportunities for them to express their wishes. 34

Role of the Race Equality Governor From May 2002, it became a statutory requirement for every school to meet its obligations under the Race Relations (Amendment) Act 2000. Each school must have a written policy for promoting race equality. It must assess and monitor the impact of its policies on pupils, staff and parents of different racial groups. Schools are required to publish their policy and the results of assessment and monitoring annually. The Race Equality Policy must be linked to an action plan and a school governor should be nominated as the Race Equality Governor to ensure that race equality issues are promoted and remain high on the school s agenda. The governing body is ultimately responsible for ensuring that the school meets its obligations. Due to the wide scope of the policy, it is appropriate for a nominated governor to work in partnership with the head teacher or designated member of staff. The nominated governor should consider and review the way in which the policy is integrated into the day-to-day life of school and to monitor and assess its impact. A draft policy has been issued to all schools by Bexley Council. The Commission for Racial Equality (CRE) published race equality standards for schools in Learning for All and the Code of Practice for Educational establishments. Governors should ensure that the head teacher and staff have addressed curriculum teaching, planning, Organization, assessment, teaching methods, curriculum content and resources and allocation to teaching groups. Different racial groups are deemed to be those on census forms and are used by Bexley Council for statistical reporting. Governors should also consider: policy, planning and management policy development, implementation, monitoring, review and evaluation; admissions, attendance, discipline and exclusion; pupils induction, personal development, attainment, progress including guidance support and careers education; attitudes and environment ethos, racism, and racial harassment. staffing recruitment, training, professional development including retention and promotion of staff, recruitment and selection of staff; parents, governors and community partnerships. A school has a duty to: monitor the impact of such policies on pupils, staff and parents of different racial groups; and assess the impact of its policies on pupils, staff and parents including in particular the impact on attainment levels of such pupils. Action plan An action plan should be produced identifying the monitoring and assessment procedures as well as the key objectives, responsibilities, timescales, and success indicators, etc. Monitoring Monitoring is wider than the achievement of pupils, their attendance and issues such as rewards or exclusions. Teaching methodology, resources and the curriculum and a range of other issues should also be reviewed. For instance: 35

Are appropriate resources available that promote positive images? Is there an evaluation of the attendance of different racial groups at parents evenings and are strategies in place to encourage participation of any groups that are under-represented? Is there evidence of parents from minority ethnic groups being encouraged to consider roles as governors or other voluntary helpers in school? Is there appropriate development of community links? Are there surveys/consultations with relevant groups to determine their opinions and needs? Does the governing body use the expertise of its ethnic minority governors? Does the school provide translations of key documents into languages relevant to its pupil population? involvement, and race equality) are not having an adverse impact on pupils, staff or parents from some racial groups? 2. How does the school help all staff to develop and reach their full potential? 3. How does the school encourage all parents to take part fully in the life of the school? 4. Does the school help all its pupils to achieve as much as they can and get the most from what is on offer, based on their individual needs? 5. How does the school explain any differences? Are the explanations justified? Can they be justified on non-racial grounds, such as English language difficulties? 6. Does each relevant policy include aims to deal with differences (or possible/perceived differences) in pupils attainments between racial groups? Do the policy s aims lead to action to deal with any differences that have been identified? Does the governing body represent the composition of the pupil population of the school? Does the school engage in initiatives to promote anti-racism and race equality? Assessment Monitoring should be discussed by the race equality governor and staff to determine the effectiveness of the policy and further develop the school s race equality objectives as well as to guide planning and decision making. The CRE Statutory Code of Practice lists ten questions to assess the impact of policies giving special attention to pupils attainment levels. 1. Is the school making sure that its policies (e.g. on exclusion, bullying, the curriculum, parental involvement, community 7. What is the school doing to raise standards, and promote equality of opportunity for pupils who seem to be under-achieving and who may need extra support? 8. What is the school doing to: a. prepare pupils for living in a multiethnic society; b. promote race equality and harmony in the school, and in the local community; and c. prevent or deal with racism? 9. Is the action the school has taken appropriate and effective? 10. What changes does the school need to make to relevant policies, policy aims, and any related targets and strategies? 36

Outcomes The aim is to raise the achievement of all. Governors have a duty to publish, annually, the progress being made in implementing their Race Equality Policy and Action Plan. Governors should receive termly, from the head teacher, details of the number of racist incidents which have occurred, the action taken to deal with incidents and progress in implementing the Race Equality Action Plan. This may be included in the head teacher s report or be a separate agenda item. Head teachers are required to report to Bexley Council on a termly basis all racist incidents and action taken. Compliance with the new duty will be monitored by Bexley Council and Ofsted. This information is adapted from CRE guidance. Further details are available from Governor Support Service, 37