Diamond Model Schools and ISI Compliance

Diamond Model Schools and ISI Compliance featured image
10 November 2022

Recently we have spoken to several senior leaders at independent schools operating the diamond model. They have expressed concern over how they may fare on the issue of separation between genders, as the ISI catches up on overdue inspections. ISI guidance was published in May 2022 in relation to those independent schools operating the diamond model, where pupils are segregated at various points during their education based on their gender.  It follows the publication of the DfE document ‘Gender Separation in Mixed Schools’ in 2018, a result of the Al-Hijrah case (2016) which found that pupils were directly discriminated against through their policy of segregation.  Their policy was based purely on their sex, a protected characteristic for the purposes of the Equality Act 2010.

While this is not a new issue it appears to have gone relatively under the radar.  This is not surprising as schools have faced a tumultuous couple of years, and both Ofsted and ISI inspections have experienced a backlog as a result of the pandemic.

The ISI guidance sets out their approach to this issue and clarifies circumstances where separation of pupils by gender in mixed schools for teaching may be evaluated as compliant.

Should independent schools operating a Diamond Model be worried?

School leadership teams should be aware that this guidance, while it focuses on areas where there is separation between the genders, is aimed at all co-educational schools.  Single sex schools can rely on specific authorisation by Parliament as included in the Equality Act 2010.  Of course, those schools operating a diamond model are likely to be most directly impacted.  What the guidance does not do is allow for the blanket argument that there is no discrimination purely on the basis that the education offerings are of equivalent quality.

The ISI note on gender separation in co-educational schools (March 2022) states that “the starting point for inspectors is likely to be that separation of pupils by reference to sex in co-educational schools may…. result in non-compliance with the Independent School Standards, unless the school can demonstrate that it falls within an exception allowed by the Equality Act 2010.”

What the guidance does not do, despite concerns from some schools, is to prevent the diamond model from being ISI compliant.  Instead, it puts the onus on the individual school to provide evidence that the model complies with the requirements of the Equality Act 2010 by falling within one of the Act’s statutory exceptions.

This does of course mean that leadership teams and governing bodies within diamond model schools need to take time to consider their model carefully, ensuring that opportunities are not being provided to one gender only, and that they are able to articulate why and how this model works in accordance with the guidance, ensuring it is to the benefit of all pupils, and to evidence all of this fully.

Keys areas inspectors will evaluate

  • The reasonableness of the leaders’ thinking regarding both the rationale for separation of pupils by gender and the proportionality of the separation, as well as their ability to articulate this clearly.

It is important to note that where schools are relying on section 158 of the Equality Act 2010, which allows for positive action where it overcomes a disadvantage suffered by both sexes, meets differing needs of boys or girls, or encourages participation where there is low participation from either boys or girls (for example Girls in STEM subjects), evidence of this must be provided.

They must demonstrate they have, and apply, appropriate knowledge and skills relevant to their policy.  They must also show they have appropriate risk assessment and risk management in place.  This must be regularly reviewed.

  • In their evaluation, inspectors will speak to pupils about their views.  They will expect schools to be regularly asking pupils their views and addressing any issues, real or perceived, that arise from this. Teaching is construed in its widest and most holistic sense.  Therefore inspectors consider factors such as the educational impact of any gender separation on the social development of pupils.  Their preparation for adult life, the availability to them of meaningful choice and their access to academic options and co-curricular activities will all be taken into consideration.  The application of the policy must be no less favourable for female or male pupils and must not reinforce stereotypes.

What are the relevant lawful exceptions?

  • Positive action* and single sex activities, provided the action taken is proportionate.  For example single sex classes to teach sex education and some elements of PHSE, or single sex STEM classes to address a disproportionately low take up by girls.
  • Single sex sport.
  • Short separation with a negligible effect (for example separate boys’ and girls’ choirs to focus on different voice ranges)
  • Separate toilet and washing facilities.
  • Separate boarding facilities.

What action should you be taking now?

Schools operating a diamond model should carry out a specific gender separation risk assessment, including an assessment of the following:

  • Is there any suggestion that one gender is being treated less favourably than the other?
  • Is it necessary to maintain that separation and is it proportionate?
  • Could a different approach be adopted?
  • When was the last time students were surveyed on their experiences?

If schools cannot provide evidence that they have considered other alternatives, that their approach is proportionate, that no group is being treated unfavourable or facing discrimination, perceived or direct, because of the segregation, then they may wish to consider integrating the segregated sections of school to become fully co-educational or to register for separate single-sex schools.

This new focus on gender segregation will cause significant concern within those diamond model schools.  However it does provide the impetus and opportunity to think carefully about why they are operating the diamond model.  This provides great potential for clarifying your offering and cementing your position within the marketplace.

*It is important to remember that positive action and positive discrimination are very different.  Positive discrimination is unlawful under the Act in most circumstances.

** We refer to specific guidance.  As such, we have used the terms gender and sex in line with the issuing organisation.

If you would like to discuss how MTM can help on this issue, from overall strategic support to implementing student surveys, get in touch with Daniel Cohen on dan@mtmconsulting.co.uk or 01502 722787, or visit our product brochure.

 

 

 

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