There are several pieces of legislation in England, Wales and Northern Ireland that are relevant to race and faith targeted bullying. This page provides an overview of these legal duties and guidance.
Legal duties and guidance
Equality Act 2010
Equality Act 2010: Schools in England and Wales have a legal duty under the Equality Act 2010 to eliminate discrimination, advance equality of opportunity, and foster good relations between different groups. This includes taking action against racism and racist bullying.
Public Sector Equality Duty (PSED) – part of the Equality Act 2010: The PSED requires schools in England and Wales to:
- Eliminate discrimination and other conduct that is prohibited by the Act
- Advance equality of opportunity between people who share a protected characteristic and people who do not share it
- Foster good relations across all characteristics - between people who share a protected characteristic and people who do not share it.
It is important we understand what the Equality Act means by race. You can find out more about this via the Equality and Human Rights Commission guidance here.
Education and Inspections Act 2006
Under the Education and Inspections Act 2006, head teachers in England and Wales, with the advice and guidance of governors and the assistance of school staff, must identify and implement measures to promote good behaviour, respect for others, and self-discipline among pupils, and to prevent all forms of bullying. This includes the prevention of bullying around race, religion and culture.
There are several other pieces of legislation in England and Wales that are relevant to race and faith targeted bullying:
For schools in England:
- Department for Education guidance: The DfE’s guidance on “Preventing and Tackling Bullying” (updated July 2017) outlines schools' responsibilities to prevent bullying, including racist bullying. The guidance emphasises the importance of creating a school environment where all pupils feel safe and respected. It also requires schools to have an anti-bullying and/or behaviour policy.
- DfE, Equality Act 2010: advice for schools (June 2018)
- DfE, Behaviour in schools (February 2024)
For schools in Wales:
- Rights, respect, equality: guidance for schools – Welsh Government guidance to help schools deal with bullying. Includes reference to banter and bullying.
- Keeping learners safe – Schools colleges in Wales must have regard to it when carrying out their duties to safeguard and promote the welfare of children. Includes much information relating bullying.
- Behaviour management in the classroom: guidance for primary schools – Guidance to help primary school teachers minimise and deal with disruptive behaviours.
For schools in Northern Ireland:
- Addressing Bullying in School Act (2016) – Statutory guidance for schools and Board of Governors in Northern Ireland on their duty to record and report incidents of bullying.
- Pastoral Care in Schools: Promoting Positive Behaviour | Department of Education (education-ni.gov.uk) – Guidance for school staff as they work together to develop and review their policies and procedures surrounding the way their pupils behave in school.
- Safeguarding and Child Protection in Schools: A Guide for Schools (DE, 2017) – Guidance for schools and Boards of Governor on fulfilling their safeguarding responsibilities and promoting the welfare of children.
- Relationships and sex education (RSE) and health education – GOV.UK (www.gov.uk)
School inspections:
Ofsted (in England), Estyn (in Wales), and The Education and Training Inspectorate (in Northern Ireland) inspect schools and consider how well schools promote equality and tackle discrimination. Schools are expected to demonstrate how they prevent and respond to incidents of racism and racist bullying.
Equality and Human Rights Commission videos:
Equality and Human Rights Commission video: What is race discrimination?
Equality and Human Rights Commission video: What is religion or belief discrimination?