Lancashire Education Authority

DIRECTORATE FOR CHILDREN AND YOUNG PEOPLE

School Effectiveness Service

Guidelines and Procedures

for

Dealing with and reporting

racist incidents in schools

Revised 2007

CONTENTS

ForewordPage 3

IntroductionPages 4-5

Definition of a racist incidentPages 5-7

Principles and purposesPage 7

Statutory requirements and expectationsPages 8-11

The prevention of racist incidents Pages 12-13

Identifying and responding to racist behaviourPages 13-19

Case StudiesPages 20-24

Incidents involving pupilsPage 25

Incidents involving staffPage 25

Incidents outside schoolPage 25

Supporting the victim and Counselling the PerpetratorPage 26

Tension indicatorsPages 26-27

Procedures for recording racist incidentsPage 27

Monitoring and reportingPages 27-28

A Statement from Lancashire ConstabularyPage 29

Categorising ethnic originsPage 29

Racist Incident Report FormPages 30-31

Form N (Nil Return)Page 32

Procedures:: Flow DiagramPage 33

AppendicesPages 34-36

FOREWORD

Education has a central role to play in bringing about a fair and just society. It is important that children and young people learn to respect themselves and each other so that we can build a society based on mutual esteem and understanding.

Prejudice, intolerance and racism have no place in our schools. The Race Relations (Amendment) Act 2000 requires all schools to play a fundamental role in eliminating racism and in promoting and valuing cultural diversity. Every school should take action to challenge and prevent racism.

Lancashire County Council has a long tradition of support for these principles. The local authority continues to work in partnership with schools, their governing bodies and the wider community to raise standards of education and to ensure that all pupils have the opportunity to learn in an environment free from harassment.

I am delighted to be able to introduce these revised guidelines and procedures for dealing with and reporting racist incidents in schools. They build on the good practice in Lancashire schools which was praised by HMI in their publication ‘Race Equality in Education’. They also reflect the December 2006 guidance from the DfES on ‘Recording and Reporting Racist Incidents’. I am confident that schools will find them a useful source of information and advice and I commend them to you.

Pat Jefferson

Executive Director

Directorate for Children and Young People

Lancashire County Council

INTRODUCTION

Lancashire has a long tradition of providing guidance and procedures for dealing with and reporting racist incidents in schools.

Over this period, much good practice has been developed in Lancashire schools in response to national concerns over the impact of racism on the educational experience and achievement of children and young people, including those most at risk of suffering prejudice and discrimination. The nature of this impact is evident in the following quotes from children and young people taken from the 2006 DfES publication ‘Bullying around racism, religion and culture’:

“I was picked on at school for being different. My command of the English language did not help me here. In fact it might have been better if I had not understood some of the comments thrown my way. I was desperate for people to understand about me and where I came from.”

“You were forced into it. If you were black you were a target for racists. You are identified as a target and it comes to you. I don’t know a single black person who hasn’t been attacked, at least verbally and most probably physically.”

“I got called all sorts of names, like Gypsy, I smell, I am a tramp, I am no good, I am a pig. I had children throw stones at me, pinch me, punch me, the teachers did nothing to help me. I didn’t like playtime because I knew that someone would start to bully me and that it would hurt my feelings. I always stayed near the dinner ladies because they were the only ones who were a little bit nice to me.”

“Every time I was bullied I wanted to explain myself, to tell people about my life and why I came to this country. I carried with me stories and feelings and a great sense of pride about my country and my people. I was proud of my struggles and being brave every single day in this new country. But I never had the chance to explain.”

“The stereotypes and ignorant comments were never challenged. Not by me – I was too scared. And definitely not by the school. The bullying carried on in the corridors and classrooms and I think the teachers too were under attack.”

“Racism is wrong and it affects a lot of people. We want you to know how it feels to be told racist comments and how we feel about bullying. Racists hurt the person but they don’t know how much inside.”

“I don’t have many friends in school because they don’t want one of their friend to be a Traveller so, when I am in school, I feel isolated from my class and I can always hear them talking about me behind my back and calling me a ‘pikey’.”

Formal recognition of the progress made in Lancashire in dealing with and reporting racist incidents came when we were invited by OFSTED to contribute to Race Equality in Education: good practice in schools and local education authorities (OFSTED 2005). This invitation came as a consequence of OFSTED’s judgement in the most recent inspection of the LEA that “combating racismand promoting racial equality” were strengths. The object of the survey was to examine and report upon good practice nationally in combating racism in education, with particular reference to its effectiveness in improving racial harmony and improving community cohesion in schools and beyond. Although this was not an inspection, verbal and written feedback were given, the main findings of which are highlighted below:-

Handling and Reporting of Racist Incidents

HMI examined the reporting processes and the guidance offered to Lancashire schools. They judged that the guidance was one of the best sets they had encountered, was clearly written and supportive and offered practical suggestions to senior management teams on how to handle particular incident types. HMI suggested that the guidance could be further improved by the addition of anonymised case studies for the use of senior leadership teams and that further reference might be made to the adverse educational and emotional impact of racist abuse.

Page 11

In the final paragraph of the written feedback HMI made the following observations:-

‘Finally we spoke to children – formally and informally – in all schools visited. We also observed pupils in lessons, and at play. The pupils spoken to expressed, universally, a sense of security at school: they were happy at school and enjoyed the experience of learning. In the four schools with Black and minority ethnic representation, we noted pupils from different groups working together; and pupils from those four schools explained that they had friendships with pupils from other ethnic groups. Most pupils expressed the view that if a racist incident occurred, they could call upon teachers with confidence, and be sure that their concerns would be taken on board and dealt with effectively. The endorsement of children in terms of their security and their learning experience are a credit to the schools, to the staff and to the work of the local authority.’

We hope that these revised guidelines will continue to assist governors, headteachers, senior leaders and all the staff who work in Lancashire schools to improve their procedures for handling, recording and reporting racist incidents. In particular, we would encourage all schools, from nursery to secondary, to respond positively.

The Commission for Racial Equality* defines racial harassment as verbal or physical violence, which includes attacks on property as well as on the person, which is suffered by individuals or groups because of their colour, race, nationality and ethnic or national origins, and where the victim believes that the perpetrator was acting on racial grounds and/or there is evidence of racism.

*From 2009 the Commission for Racial Equality will become part of the new Commission for Equality and Human Rights

The Home Office (2003) indicates that:

‘Harassment occurs when someone’s actions or words are unwelcome and violate another person’s dignity or create an environment that is intimidating, hostile, degrading, humiliating or offensive.’

The importance of ensuring that all racist incidents are reported and recorded has been accepted in principle for some time. The ‘Stephen Lawrence Inquiry Report’ recommended that the following definition of a racist incident should be adopted by the police, local government and other relevant agencies:

‘A racist incident is any incident which is perceived to be racist by the victim, or any other person.’

This definition provides an essential starting point for schools in addressing the wide range of behaviours which could be racially motivated. In itsDecember 2006 publication ‘Recording and reporting racist incidents guidance’, the DfES offers the following advice for schools on judging and responding to racist incidents in schools:-

It will be important that schools think through for themselves the implications of the term racist incident.

The use of the Macpherson definition is not to prejudge whether the perpetrator’s motives were racist or not, but to ensure that the possibility of a racist dimension to the incident is always considered and explored. The Macpherson definition is broad and allows for “unwitting or unintentional racism” to be identified and reported. This definition may potentially include apparently trivial or innocuous actions - such as jokes, or other everyday behaviour. These can have a cumulative effect on children, and can also contribute to a general atmosphere of intimidation or harassment in the school.

The Macpherson definition also includes such apparently “victimless” incidents such as racist graffiti where there is no obviously targeted victim. Overtly racist comments have no place in a classroom even in the course of legitimate debate on religious and racial issues. Racism can occur between members of any ethnic group. It should also be borne in mind that racist incidents can occur in a school where there is no minority ethnic group. It is still important that incidents such as these are tackled, in order to emphasise that the school does not tolerate racism in any form.

The DfES strongly encourages schools to look beyond the letter of this definition to its spirit. Incidents that are considered by school staff or the victim, or any other third party, to be racist or racially motivated should be [treated] as such. The department would also advise that all incidents are dealt with sensitively and in the context in which they occur. It is better to record instances of unintentional racism than not to record them, as in this way a school or local authority can build up a picture of any emerging patterns.

Schools should ensure they are sensitive and exercise common sense and have regard to the rights and protection of pupils whose behaviour is alleged to be unintentionally racist, in particular, when dealing with individual cases.

Tackling racist incidents effectively is a key step that schools can take in promoting race equality. The legal responsibility for the school to meet the requirements of the Race Relations Act rests with the Management Board or Governing Body, who should maintain an overview of the implementation of their Race Equality Policy. Schools may be asked by OFSTED to demonstrate how they promote racial harmony and whether pupils are able to learn free from harassment and discrimination.

Approaches taken will depend on the school’s policy on behaviour and use of sanctions and support when dealing with other aspects of anti social behaviour, as well as the age of the children involved. It will therefore be important that all staff, including recently recruited staff, are aware of procedures to deal with racist incidents and support to tackle racial bias and stereotyping. 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 well. A consistent and holistic approach to tackling racist incidents depends on all staff reaching a consensus on what constitutes racist behaviour, and racist incidents.

Teachers should challenge all forms of racism and religious hatred as and when they occur - as bullying or name-calling, for instance. Schools may wish to seek support and advice from their local authority, or from their Race Equality Council. The Police may also be a valuable source of advice, perhaps through a local Safer Schools Partnership if there is one in the area. 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. Some schools have found it helpful to involve students in writing the definition, as a means of ensuring that pupils understand and feel responsible for their school’s commitment to equality.

Schools should ensure that parents and carers are aware of the school’s policy and procedures on racism and bullying. Schools should encourage parents and carers to inform the school about racist incidents which their children talk to them about. They should also feel confident that the school will take appropriate action to resolve the situation. Such actions should form part of the whole school policy and approaches to combat racism within the community.

It should be made clear within an institution that failure to take action, even where an incident appears to be of a relatively minor nature, could be seen as condoning racism and may well lead to more serious incidents in future.

These guidelines start from a recognition of the different and complementary functions of local authorities, governors and headteachers under current legislation. They take account of the partnership that exists between the local authority, its schools and the communities of Lancashire, and build on the existing good practice to be found across schools in the county. They are consistent with the policies of those headteacher and teacher associations which have written on this issue.

The guidelines are designed to:-

• support schools in fulfilling their duties and responsibilities under the Race Relations (Amendment) Act 2000 and their written Race Equality Policies;
• offer schools strategies to respond positively to racist incidents and to help them maintain a non-racist ethos;
• assist all schools to respond appropriately to racial intolerance;
• enable schools to meet the expectations of OFSTED inspections;
• support schools in fulfilling their responsibilities under the Every Child Matters agenda, particularly in relation to the outcomes of ‘feeling safe’ and ‘enjoying and achieving’:
• assist schools in meeting the Commission for Racial Equality’s standards for race equality in education, as outlined in Learning for All (CRE 2000);
• contribute to the promotion of high quality education;
• assist the local authority in fulfilling its statutory duties under the Race Relations (Amendment) Act 2000:
• ensure that elected members and school governors have sufficient information about the frequency and extent of racist incidents;
• enable the local authority to work with its partners to reduce the frequency of racist attacks and harassment.

In order to guard against discrimination it is important for all schools to adopt policies and practices which are consistent with the statutory requirements and expectations outlined below, including procedures for dealing with and reporting racist incidents.

Race Relations (Amendment) Act 2000

This Act places a general duty on a wide range of public authorities (including schools) to promote race equality. This duty means that, in everything they do,the authorities should have due regard for the need to:

• eliminate unlawful racial discrimination;
• promote equality of opportunity; and
• promote good race relations between people of different racial groups. It should be noted that, for the purposes of legislation, specific groups are classed as racial groups, i.e. Gypsy/Roma and Irish Travellers.

The Act also places the following specific duties on all school governing bodies:

• to prepare and maintain a written race equality policy;
• to have in place arrangements for fulfilling the following as soon as is reasonably practicable:
• to assess the impact of all policies, including the race equality policy, on pupils, parents and staff from different racial groups, paying particular attention to their impact on the attainment levels of pupils from different racial groups;
• to monitor the impact of policies on pupils, parents and staff from different racial groups, in particular to monitor their policies’ impact on the attainment levels of pupils from different racial groups;
• to take steps as are reasonably practicable to publish annually the results of assessments and monitoring.

The Commission for Racial Equality has the power to take legal action if public authorities fail to meet their specific duties. It can also seek a judicial review of an authority if it is not meeting the general duty. A school governing body is an authority under the terms of this legislation.

Education Act 2005 and school self-evaluation

Schools are required to evaluate the extent to which learners feel safe and adopt safe practices. As part of this they are prompted to consider whether learners feel safe from bullying and racist incidents, and the extent to which they feel confident to talk to staff and others when they feel at risk. Inspectors will routinely seek views from pupils about their experience, including whether they feel free from bullying and harassment. Schools may find the following questions provide a useful starting point for evaluating their policy and practice in this area:

• Does the school publicly support and value diversity, actively promote good personal and community relations and openly oppose all forms or racism and discrimination?
• Is there a positive atmosphere of mutual respect and trust between pupils from different racial groups?
• Does the school have procedures for dealing with racial harassment and bullying?
• Are all incidents of racism and racial harassment thoroughly investigated, recorded and reported to the local authority?
• Are all members of staff trained to deal firmly, consistently and effectively with racist incidents, racial harassment and bullying?

• Are all pupils, parents and staff aware of the procedures for dealing with racism and racial harassment?
• Does the school work closely with the local authority and other partners to tackle racism and racial harassment within the school and local area?
• How are racist incidents reported to the governing body?

Department for Education and Skills