Question to the Department for Education:

To ask the Secretary of State for Education, what his Department's policy is on how school complaints relating to racism are (a) identified and (b) recorded.

Previous departmental guidance on Recording and Reporting Racist Incidents, published by the Department for Children, Schools and Families, encouraged state-funded schools to record, monitor, and report all racist incidents to their responsible body, informing local authorities at least annually of the pattern and frequency of any incidents. This changed with the introduction of the Equality Act 2010. Under section 149(1) of the Equality Act 2010 (the Public Sector Equality Duty), state-funded schools must, in the exercise of their functions, have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

Under regulation 4 of the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017, state-funded schools must publish information annually to demonstrate their compliance with the Public Sector Equality Duty. Identifying and reporting incidents of prejudice-related behaviour can help responsible bodies to identify any actions required to eliminate discrimination, evaluate whether actions taken are effective and demonstrate compliance with the Equality Act 2010.

Academies also have their own procedures by which they record complaints. The Education (Independent School Standards) (England) Regulations 2010, Part 7, section 25, paragraph j – ‘provides for a written record to be kept of all complaints’.

Complaints about racism in a school should first be made to the school itself. The Department may then be asked to consider them and does so on an individual basis, depending on the nature of the complaint and whether it falls within the scope of the Secretary of State’s powers of intervention. These are set out under sections 496/7 of the Education Act 1996 for maintained schools and the funding agreements in place for academy and free schools.

The Department does not use a separate category to identify school complaints relating to racism. Depending on the level of detail provided by the complainant, some complaint handling teams may record that the nature of the complaint is linked to racism under a broader subject heading of behaviour (for incidents involving pupils), governance (if a school’s policy or governance is deficient under the Equality Act 2010) or staff conduct (if an employee is accused of inappropriate conduct).