Law and Policy
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This is the time to take action to make nurseries, schools and all kinds of childcare places really welcoming and safe for the children of lesbians and gay men. This page sets out what law and guidance there is in this country that can help to make this happen.
The government has signalled its intention that children with lesbian and gay parents should no longer be discriminated against through a series of changes in the law that treat lesbians and gay men more fairly. 2007 saw new guidance from the Department for Children, Schools and Families (DCSF) on preventing homophobic bullying, and an important new Act which outlaws discrimination in the provision of services, including education, childcare and adoption. Now all children need to grow up knowing about and valuing all kinds of different families. The Equality Act (Sexual Orientation) Regulations 2007 outlaw discrimination in the provision of goods, facilities or services, so that basically if something is offered, you can have it. This includes education, so that for example gay pupils can no longer be refused admission to a school them – or their parents – being gay. And they can’t be treated differently when they’re in there either! See Stonewall’s website for more information. CONTENTS:
SECTION 28 Section 28, which specifically attacked lesbian and gay families as 'pretended family relationships', and directed local government employees that they should not present these as equal to heterosexual families, was at last repealed in 2003. Return to Top GOVERNMENT CHILDCARE GUIDANCE 'Every Child Matters' is currently the central piece of policy guidance for those working with children. The Department of Health's website says: "The Every Child Matters green paper identified the five outcomes that are most important to children and young people:
For these outcomes to be achieved for the children of lesbian and gay parents, homophobia must be overcome. Ten Year Strategy for Childcare. "The government's Ten Year Strategy for Childcare, Choice for Parents, the Best Start for Children, set out these key themes: Choice and flexibility; Availability; Quality and Affordability." The Strategy includes the following paragraph on social inclusion
25.26 One of the key aims of the strategy is to ensure that all children can benefit from early years support and childcare. This means ensuring it will work to meet the particular needs of different groups including families with disabled children and those from ethnic minority communities. In implementing the strategy we will consult widely to ensure that the needs of all children and families are being reflected as policy develops.
The London Childcare Strategy Click here for more information. Includes the following statement:
"London is estimated to have the largest proportion of gay men, lesbians, bisexual and transgender people in its population in the country, although there is a lack of information on this and on many aspects of their experience. As with other areas of life, they may encounter prejudice and discrimination in accessing childcare, both as parents and as employees. As parents, they may lack the informal back-up of family networks."
Whilst perhaps a touch negative, this suggests a willingness from the Mayor of London's office to take into account lesbian and gay families particular needs in relation to childcare. Return to Top SUPPORT TO SCHOOLS ON DEALING WITH HOMOPHOBIC BULLYING Guidance from the Department for Children, Schools and Families New guidance from the Department for Children, Schools and Families (DCSF) 'Preventing and responding to homophobic bullying in schools. Safe to Learn: embedding anti-bullying work in schools' was released in September 2007. The guidance, written by Stonewall following a commission from the DCSF, provides school governors, heads, teachers and other staff with information about how to prevent and respond to homophobic bullying. Dowload a document giving suggestions on how to promote positive messages about different families Download the whole guidance on homophobic bullying 'Stand up for us: challenging homophobia in schools' - part of the Healthy Schools initiative, guidelines on dealing with homophobic bullying in schools. Published by the Department for Education and Skills and the Department of Health. The website advises school that:
'Working to address homophobia and tackle homophobic bullying will help you to meet your obligations under:
Have a look!
Spell It Out. The Greater London Authority and Stonewall in July 2006 launched Spell it Out, a DVD that provides teachers and other school staff with the tools and confidence to tackle homophobia in their school. Ken Livingstone, Mayor of London, said he is committed to work with the teaching profession to tackle the problem of homophobic bullying in schools and the 'Spell it Out' campaign is an important step in raising awareness of this issue. Guidance from the National Union of Teachers on supporting lesbian, gay, bisexual and transgender students. This guidance provides information and advice to NUT members on supporting pupils who are lesbian, gay, bisexual or transgender (LGBT) and on tackling homophobia within the school environment. It says:
"It is important for primary schools to provide positive images of lesbian, gay and bisexual people and for the sexual orientation of famous and successful lesbian, gay and bisexual people both past and present to be acknowledged in every subject. This work needs to be placed in a wider context where lesbians, gay men and bisexual people are seen as citizens and participants in a wide range of activities.
Secondary school pupils and college students can discuss the subjects referred to above and also more complex questions such as prejudice, racism, sexism, homophobia and transphobia." Download the document here. See also Schools Out, Education for All and No Outsiders websites for more resources. Return to Top PARENTING ISSUES For information on the law on wider lesbian and gay parenting issues, for example on adoption and fostering; the effect of civil partnerships in relation to children; and more, see the Pink Parents and D'Arcy Lainey Foundation websites. Adoption and fostering. From Stonewall's website:
"There has never been a law preventing lesbian, gay or bisexual individuals from adopting children.
The Adoption and Children Act 2002 now allows same-sex couples to apply for adoption jointly in England and Wales.
The Scottish Executive supports a change in the law to allow same-sex couples to be considered for adoption and a bill is currently making it's way through the Scottish Parliament." Return to Top EMPLOYMENT LAW THAT PROTECTS TEACHERS AND CHILDCARE WORKERS Employment anti-discrimination law. Anti-discrimination laws that came into force in December 2003 tackle discrimination in employment and training on the grounds of sexual orientation and religion. These regulations offer protection against discrimination on these grounds for the first time ever - a major step forward. Visit Teacher Net for further information. Return to Top RESEARCH Researching approaches to sexualities equality in primary schools 'No Outsiders' is a 28-month research project based in primary schools and funded by The Economic and Social Research Council. The project is led by Elizabeth Atkinson and Renée DePalma at the University of Sunderland, in collaboration with researchers at the University of Exeter and the Institute of Education (University of London) and a team of three research assistants. During the course of the project, a team of primary teachers from three areas of the UK will develop ideas and resources to address lesbian, gay, bisexual and transgender equality in their own schools and their communities. The outcomes will be disseminated via the Teacher Training Resource Bank, a documentary film and an edited book of teaching ideas. The project started on 1st September 2006 and will run until 31st December 2008. We have a full complement of participants for the current year (September 2006 to July 2007) and are now recruiting participants for the second year of the project (September 2007 to July 2008). www.nooutsiders.sunderland.ac.uk Return to Top |