FMP – LEGAL RESEARCH

I am approaching my research from a range of different angles.

Public research (connecting with the home ed community directly as well as collating research from the media that references home education)

Visual research (ongoing research into artists and relevant work)

and

Legal research. (New for FMP , I am researching the law around Home Education, the equality act, equal rights, and looking into government guidance around home education)

********************************************************************************************************************************************************************

 

Recently the government has ramped up attempts to try and regulate Home Education, with stricter rules, regulations and oversight. As part of this the education committee recently ran a call for evidence on Home Education, receiving over 1100 replies, the majority of which being from the home ed community. Despite this, when choosing representatives to present evidence, it only requested four organisations, no ‘actual’ home educators. These are as follows -

Jenny Coles
President at Association of Directors of Children’s Services
Cllr Lucy Nethsingha
Deputy Chair of Children and Young People Board at Local Government Association
Mrunal Sisodia
Co-Chair at National Network of Parent Carer Forums
Jane Lowe
Trustee at Home Education Advisory Service
In addition, Robert Halfon, chair of the education committee, recently took part in an interview on BBC Radio 4 today programme https://www.educationotherwise.org/wp-content/uploads/2020/11/bbc-home-education-inquiry-inter-compressed1.mp3 showing a disgraceful amount of bias that one would question whether it makes his position of chair of the inquiry wholly inappropriate  .
I have written up more about the interview HERE

The Home education community is currently formulating responses to theHome education committee, the Today programme received a large number of complaints for bias and the LGA report is being challenged for peddling of unsubstantiated statistics , and trying to change the legal definition of’ ‘child missing education’

 

 

THE 2010 EQUALITY ACT – https://www.legislation.gov.uk/ukpga/2010/15/pdfs/ukpga_20100015_en.pdf

What is religion or belief discrimination?

This is when you are treated differently because of your religion or belief, or lack of religion or belief, in one of the situations covered by the Equality Act.

The treatment could be a one-off action or as a result of a rule or policy. It does not have to be intentional to be unlawful.

There are some circumstances when being treated differently due to religion or belief is lawful, explained below.

What the Equality Act says about religion or belief discrimination

The Equality Act 2010 says you must not be discriminated against because:

  • you are (or are not) of a particular religion
  • you hold (or do not hold) a particular philosophical belief
  • someone thinks you are of a particular religion or hold a particular belief (this is known as discrimination by perception)
  • you are connected to someone who has a religion or belief (this is known as discrimination by association)

In the Equality Act religion or belief can mean any religion, for example an organised religion like Christianity, Judaism, Islam or Buddhism, or a smaller religion like Rastafarianism or Paganism, as long as it has a clear structure and belief system.

The Equality Act also covers non-belief or a lack of religion or belief. For example:

  • the Equality Act protects Christians if they are discriminated against because of their Christian beliefs, it also protects people of other religions and those with no religion if they are discriminated against because of their beliefs
What qualifies as a philosophical belief?

The Equality Act says that a philosophical belief must be genuinely held and more than an opinion. It must be cogent, serious and apply to an important aspect of human life or behaviour. For example:

  • an employee believes strongly in man-made climate change and feels that they have a duty to live their life in a way which limits their impact on the earth to help save it for future generations: this would be classed as a belief and protected under the Equality Act

The Equality Act also says that a belief must also be worthy of respect in a democratic society and not affect other people’s fundamental rights. For example:

  • an employee believes that white people are a superior race to others and tells their colleagues so: this would not be classed as a belief protected under the Equality Act

( Equality Human Rights commission. 11.02.2020)

 

 

 

REFERENCES

Equality Act 2010. Legostlation.gov.uk Available at  https://www.legislation.gov.uk/ukpga/2010/15/pdfs/ukpga_20100015_en.pdf  (Accessed 22.11.2020)

Religion or belief discrimination. 11.02.2020 Equality Human rights. Available at https://www.equalityhumanrights.com/en/advice-and-guidance/religion-or-belief-discrimination#belief (Accessed 22.11.2020)

 

T~F~:

Your email is never published or shared. Required fields are marked *

*

*

F a c e b o o k
I n s t a g r a m