5.1 Explain how current equalities legislation affects work with children, young people and families

This guide will help you answer 5.1 Explain how current equalities legislation affects work with children, young people and families.

Equalities legislation in England sets out the legal rights for individuals and duties for organisations. It requires all services working with children, young people, and families to treat individuals fairly, with respect, and without discrimination. For workers in childcare, education, health, and social care, this legislation drives daily practice, policies, and decision making.

The main legislation in force is the Equality Act 2010. This brought together previous laws such as the Race Relations Act, Sex Discrimination Act, and Disability Discrimination Act. The Act protects people from discrimination related to nine protected characteristics. Other laws, such as the Children Act 1989 and the Children and Families Act 2014, also link to equality by promoting welfare and safeguarding rights.

Understanding how these laws apply in your role is important for meeting legal duties and creating a fair service for all.

Core Principles of the Equality Act 2010

The Equality Act 2010 has three main aims:

• Prevent unlawful discrimination
• Promote equal opportunities
• Foster good relations between different groups

The Act gives everyone the right to be treated fairly, regardless of their background, identity, or circumstances. The nine protected characteristics are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

When working with children, young people, and families, these characteristics affect how services are planned and delivered. Workers must not treat a person unfairly or disadvantage them because of one of these characteristics.

How discrimination can occur in practice

Discrimination can be:

• Direct discrimination – treating someone worse because of a protected characteristic
• Indirect discrimination – applying a rule or policy that disadvantages someone with a protected characteristic
• Harassment – unwanted conduct related to a protected characteristic that causes distress
• Victimisation – treating someone unfairly because they have made a complaint under the Act

In children’s services, an example of direct discrimination would be refusing to admit a child to a nursery because of their disability. An example of indirect discrimination would be expecting all parents to attend meetings at 6pm, which disadvantages single parents with no childcare options.

Impact on policy and procedure

Organisations working with children and families must create policies that meet the requirements of the Equality Act. This includes:

• Admissions policies that are fair and inclusive
• Behaviour policies that avoid discrimination
• Recruitment and training processes that offer equal opportunities
• Reasonable adjustments for children and young people with disabilities

Policies need to be clear, easy to understand, and reviewed regularly. Workers should follow them consistently to prevent biased or unequal treatment.

Reasonable adjustments

Under the Equality Act, services must make reasonable adjustments for children, young people and families with disabilities. This means removing barriers that stop them from accessing services fully.

Examples include:

• Providing information in accessible formats such as large print or Braille
• Using ramps and lifts so those with mobility difficulties can access rooms
• Adapting lessons so children with learning difficulties can participate
• Allowing extra time for tasks or providing specialist support staff

Reasonable adjustments are not optional. They are a legal duty for providers.

Public Sector Equality Duty

The Public Sector Equality Duty (PSED) is part of the Equality Act. It applies to schools, local authorities and other public bodies. It requires them to:

• Eliminate discrimination
• Advance equality of opportunity
• Foster good relations between groups

This means services must think about equality when making decisions, creating policies, and delivering activities. For example, a school must review its curriculum to make sure it represents different histories and cultures fairly.

Impact on day-to-day practice

For workers, equalities legislation means developing habits and skills that promote fairness and inclusion every day. This includes:

• Listening actively to children and families
• Respecting cultural and religious differences
• Using language that is respectful and non-discriminatory
• Challenging prejudice and discriminatory behaviour immediately
• Recognising and meeting individual needs through differentiated support

Many organisations provide equality training to help staff understand the law and apply it in practice.

Safeguarding links

Equalities legislation connects closely with safeguarding duties. Children who experience discrimination may be at higher risk of harm. For example, bullying based on race or sexual orientation can affect mental health and wellbeing. Workers need to recognise when discrimination becomes a safeguarding concern and act promptly to protect the child.

Safeguarding policies should include clear guidance on tackling discrimination and harassment. All staff must know how to report incidents and support affected individuals.

Record keeping and reporting

Legislation requires services to keep accurate records of incidents involving discrimination, harassment, or victimisation. This helps organisations monitor equality and identify patterns.

Records may include:

• Details of incidents
• Actions taken by staff
• Outcomes of investigations
• Feedback from children and families

Reporting to managers or designated safeguarding leads is important so action can be taken quickly.

Involving children and families

Equalities legislation encourages participation by children and families in decisions that affect them. This means seeking their views and involving them in planning activities or services.

Methods include:

• Surveys and questionnaires
• Family forums or consultation events
• School councils or youth advisory groups

Listening to diverse voices makes services more accessible and responsive.

Promoting equality through education

In schools and childcare settings, equalities legislation influences how the curriculum is designed and taught. Lessons should reflect diversity and promote respect for different groups.

Examples of inclusive education practice are:

• Teaching about different cultures, religions, and traditions
• Celebrating events from diverse backgrounds
• Using books and resources that show positive role models from all groups
• Encouraging empathy and kindness through discussions and activities

These approaches help children accept and value difference from an early age.

Impact on recruitment and staffing

Equalities legislation affects how organisations hire and manage staff. Recruitment processes must be fair and open to all, with no bias against protected characteristics. This often involves:

• Using anonymised application forms
• Providing interview questions in advance when reasonable
• Ensuring adverts reach a wide audience
• Offering flexible working patterns to meet varied needs

Once employed, staff have the right to equal treatment in training, promotion, and workplace support. Discrimination in the workplace can lead to legal action and damage to organisational reputation.

Practical challenges for workers

Applying equalities legislation in daily work can bring challenges. Workers may face situations where cultural practices or beliefs appear to conflict with organisational policies. In such cases, respectful discussion and compromise are important. Training and clear leadership can help staff manage these issues carefully.

There may be limited resources for making reasonable adjustments. Workers still need to communicate with managers to find practical solutions that meet legal duties.

Monitoring and evaluation

Organisations must measure how well they promote equality. This can involve:

• Analysing admission and attainment data to check for gaps between groups
• Reviewing complaints and incidents related to discrimination
• Gathering feedback from service users

Monitoring helps identify areas that need improvement. Action plans can then be created to close gaps and improve access.

The link with human rights

Equalities legislation is supported by the Human Rights Act 1998. This law protects rights such as the right to life, education, and freedom from degrading treatment. These rights apply equally to all children, young people and families. Understanding human rights helps workers interpret situations where discrimination might be limiting access or opportunities.

Training and professional development

Ongoing learning is important for applying equalities legislation well. Workers benefit from training on:

• Recognising unconscious bias
• Inclusive communication
• Cultural competence
• Legal updates
• Anti-bullying strategies

Training keeps staff informed and confident when handling sensitive situations.

Impact on partnerships

Services often work in partnership with other agencies such as health services, charities, and local authorities. Equalities legislation means partners must all commit to non-discrimination and inclusion. This involves sharing information about good practice and ensuring joint projects meet equality standards.

Building an inclusive culture

Beyond compliance, the law encourages organisations to build a culture that genuinely values diversity. This can be done through:

• Visible commitments to inclusion in policies
• Celebrating achievements of children from all backgrounds
• Encouraging mutual respect between staff and families

An inclusive culture helps prevent discrimination before it happens.

Final Thoughts

Equalities legislation has a direct and powerful effect on work with children, young people and families. It shapes policies, guides behaviour, and sets out legal rights and responsibilities. By following the law, workers not only avoid discrimination but actively promote fairness and respect.

Applying the principles of the Equality Act 2010 in daily practice means listening, adapting, and responding to individual needs. It requires awareness of barriers and a commitment to removing them. When equality is embedded in the way we work, we create environments where every child and family feels valued and can thrive.