Under DES circular 16/89 schools have, since 1990 been required to seek from parents the ethnic group of each pupil on entry to primary education and again on entry to secondary education. The collection of ethnicity data is not a new requirement on schools. The enhancements to the procedures for collecting this information have been introduced to ensure:
- that the procedures schools follow to obtain ethnic group information from parents (or pupils) comply with the 1998 Data Protection Act.
- that the procedures adhere to Race Relations legislation and to help and enable schools to fulfil their legal duty under the Race Relation (Amendment) Act 2000 to promote race equality.
- ethnicity information is collected using categories that are in line with the ethnic group classifications used in the 2001 National population census.
Additionally the collection of pupil ethnicity data forms part of the school census, the submission of which is a statutory requirement under section 537A of the Education Act 1996. If schools do not collect ethnicity information on their pupils it follows that they will be unable to provide a complete census return and will not be meeting their statutory requirement.
Data Protection Act 1998
Under the 1998 Data Protection Act, information on individuals ethnic group is considered to be sensitive personal data. Under schedule three of the Act the data subject, in this case the pupil/parent, has to give explicit consent to the processing (processing entails the collection and recording of data) of sensitive personal data. This means that schools must seek explicit consent from parents/ pupils to collect and record ethnicity information. If schools do not gain consent for the recording of this information and do not contact parents to collect the information they may be in breach of the Data Protection Act and will be open to legal challenges by parents/ pupils. The improved procedures for the collection of ethnicity data have been created in consultation with the Office of the Information Commissioner. They are designed to ensure that schools collect ethnicity data in line with the Data Protection Act.
Race Relations Act 1976 and Race Relations (Amendment) Act 2000
The Race Relations Act 1976, as amended by the Race Relations (Amendment) Act 2000, places a general legal duty under section 71 of the Act on a wide range of public authorities, including schools, to promote race equality. This duty means that authorities must have due regard to the need to:
a. eliminate unlawful racial discrimination;
b. promote equality of opportunity; and
c. promote good relations between people of different racial groups.
Under the Race Relations Act 1976 (Statutory Duties) Order 2001 the governing body of a school must assess the impact of all their policies on pupils, staff, and parents from different racial groups, and in particular, the impact on attainment levels of such pupils. They must also monitor the operation of such policies This statutory duty puts emphasis on the importance of the impact on the attainment levels of pupils.
It should also be noted that under section 71D of the Act, the Commission for Racial Equality (CRE) has powers to serve public authorities not fulfilling these duties with a compliance notice.
The improved procedures for the collection of ethnicity data have been created in consultation with the CRE. They are designed to help and advise schools on how meet their statutory duties under the Race Relations Act.
It is in schools interests to collect this information not simply due to the legal requirements detailed above but also because the collection of this data is key to raising the level of educational attainment for all pupils. Schools will be able to use this information to see how well different groups perform at different stages while at school. Schools will be able to use this information to monitor other policies such as those for attendance and exclusions, to make sure that all pupils are treated fairly and that no single group is missing out on or is not attending school.
Analysing this information can help schools monitor and improve their own practices and also celebrate the success achieved by their pupils. Local Education Authorities and the DCSF will be able to use local and national data to analyse trends in performance, make comparisons, set meaningful targets for performance or improvement and to deploy resources effectively.
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