Equality Act 2010: Children from Disadvantaged Backgrounds

Part of the debate – in Westminster Hall at 4:15 pm on 13 October 2020.

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Photo of Vicky Ford Vicky Ford The Parliamentary Under-Secretary of State for Education 4:15, 13 October 2020

I congratulate my hon. Friend Ben Bradley on securing this really important debate. As he knows, ensuring equality of opportunity is a topic that is close to my heart. I feel privileged to be part of a Government that holds this important issue as a real priority.

The Equality Act provides protection to all children, as well as to adults. We must get away from the perception that protected characteristics in the Act are there only to protect certain groups and exclude others. For example, a white boy at school is covered by the Act in the same way, and to the same extent, as his BAME classmates or schoolgirls of any race. If a white boy from a disadvantaged background feels he has been treated less fairly in educational work compared with his female or BAME peers, he has a means of redress available to him, initially through informal routes, but ultimately at a tribunal if it is felt to be necessary.

My hon. Friend the Member for Mansfield asked about the elements of the Act that relate to positive action. The Act enables positive action to help to ensure that all groups of society are fairly represented, but that is not the same as positive discrimination, where one group might be unfairly favoured over another. Positive action is designed to enable the promotion of a level playing field. An example of positive action is when an employer wants to address the fact that it does not have any disabled apprentices; the employer can favour the recruitment of a disabled applicant over a non-disabled one, provided that their applications are broadly of equal merit. That is positive action.

Positive discrimination is unlawful under the Equality Act, however. If people have evidence of positive discrimination, they should take such cases to the courts or tribunals and call out breaches, to help to ensure that the positive action provisions are used only as intended. The provisions were supported across Parliament when the legislation was brought in in 2010. We support them as a means of levelling up the playing field for disadvantaged groups, but it is really important that the public and private sectors understand the lawful use of positive action. The code of practice and guidance exist for that purpose.

My hon. Friend the Member for Mansfield also asked, most perceptively, about the socioeconomic provisions in the Act. Social status is not one of the characteristics protected by the Act, and we need to be careful not to use it as a vehicle for social engineering rather than as a shield against discrimination. A duty of that kind would more likely result in public bodies trying to retrofit a levelling-down agenda, rather than offering better opportunities for all disadvantaged groups and levelling up.