Equalities Impact Assessment - Guidance on Mobile Phones in Scotland's Schools

Stage 3: Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people on the grounds of their age? Either directly or indirectly?

Age

Eliminating unlawful discrimination, harassment and victimisation - Positive

Reasons for your decision:

• It is clear that children and young people of school age are affected by bullying behaviour. Some bullying behaviour takes place using mobile phones in schools. Limitations on mobile phone use within schools are expected to have a positive effect in this regard.

Advancing equality of opportunity - Positive

Reasons for your decision:

• The introduction of revised guidance, including the limitation of personal mobile phones in schools recognises the evidence available which indicates that there may be improved learning outcomes, particularly for children and young people from socially disadvantaged backgrounds as a result of implementing limitations of mobile phones in schools.

Promoting good relations among and between different age groups - Positive

Reasons for your decision:

• It is clear that children and young people of school age are affected by bullying behaviour. Some bullying behaviour takes place using mobile phones in schools. Limitations on mobile phone use within schools are expected to have a positive effect in this regard.

Do you think that the policy impacts disabled people? Either directly or indirectly?

Disability

Eliminating unlawful discrimination, harassment and victimisation - Positive

Reasons for your decision:

• The guidance recognises that mobile phones may be utilised as part of an agreed plan of support for a pupil with an additional support need, or as part of reasonable adjustments for pupils with disabilities which are a key feature of protection of rights for pupils with disabilities in schools. Further, the guidance recognises that for some pupils mobile phones are necessary to monitor medical concerns, for example Diabetes. Therefore the guidance contains exemptions in relation to these matters in order to prevent unlawful discrimination.
• As indicated above the guidance will support the limitation of access to mobile phones. It is known that children and young people with disabilities can experience bullying behaviours as a result of their disabilities and the guidance may therefore have a positive impact in this regard.

Advancing equality of opportunity - None

Reasons for your decision:

• The guidance neither positively or negatively advances equality of opportunity for pupils with disabilities.

Promoting good relations among and between disabled and non-disabled people - None

Reasons for your decision:

• The guidance neither positively or negatively impacts the promotion of good relations among disabled and non-disabled people.

Do you think that the policy impacts on men and women in different ways? Either directly or indirectly?

Sex

Eliminating unlawful discrimination - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact male or female pupils in different ways in relation to unlawful discrimination.

Advancing equality of opportunity - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact male or female pupils in different ways in relation to advancing equality of opportunity.

Promoting good relations between men and women - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact male or female pupils in different ways in relation to promoting good relations between male and female pupils.

Do you think that the policy impacts on women on the grounds of pregnancy and maternity? Either directly or indirectly?

Pregnancy and Maternity

Eliminating unlawful discrimination - Positive

Reasons for your decision:

• The guidance recognises that mobile phones may be utilised as part of an agreed plan of support for a pupil with an additional support need, including those arising from a pupil’s pregnancy or maternity.

Advancing equality of opportunity - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact in relation to advancing equality of opportunity in relation to pregnancy and maternity.

Promoting good relations - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact in relation to pregnancy and maternity.

Do you think your policy impacts on people proposing to undergo, undergoing, or who have undergone a process for the purpose of reassigning their sex? Either directly or indirectly?

(NB: the Equality Act 2010 uses the term ‘transsexual people’ but ‘trans people’ is more commonly used)

Gender reassignment

Eliminating unlawful discrimination - Positive

Reasons for your decision:

• It is clear that children and young people of school age are affected by bullying behaviour. There is clear evidence that Transgender young people are more likely to experience bullying in schools than other pupils. As some bullying behaviour takes place using mobile phones in schools. Limitations on mobile phone use within schools are expected to have a positive effect in this regard.

Advancing equality of opportunity - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact in relation to advancing equality of opportunity in relation to gender reassignment.

Promoting good relations - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact in relation to gender reassignment.

Do you think that the policy impacts on people on the grounds of their sexual orientation? Either directly or indirectly?

Sexual orientation

Eliminating unlawful discrimination - Positive

Reasons for your decision:

• It is clear that children and young people of school age are affected by bullying behaviour. There is clear evidence that LGB young people are more likely to experience bullying in schools than other pupils. As some bullying behaviour takes place using mobile phones in schools. Limitations on mobile phone use within schools are expected to have a positive effect in this regard.

Advancing equality of opportunity - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact in relation to advancing equality of opportunity in relation to sexual orientation.

Promoting good relations - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact in relation to sexual orientation.

Do you think the policy impacts on people on the grounds of their race? Either directly or indirectly?

Race

Eliminating unlawful discrimination - Positive

Reasons for your decision:

• It is clear that children and young people of school age are affected by bullying behaviour. There is clear evidence that children and young people are more likely to experience bullying in schools on the grounds of their race than other pupils. As some bullying behaviour takes place using mobile phones in schools. Limitations on mobile phone use within schools are expected to have a positive effect in this regard.

Advancing equality of opportunity - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact in relation to advancing equality of opportunity in relation to race.

Promoting good race relations - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact in relation to race.

Do you think the policy impacts on people on the grounds of their religion or belief? Either directly or indirectly?

Religion and belief

Eliminating unlawful discrimination - Positive

Reasons for your decision:

• It is clear that children and young people of school age are affected by bullying behaviour. There is clear evidence that some children and young people are more likely to experience bullying in schools on the grounds of their religion or belief than other pupils. As some bullying behaviour takes place using mobile phones in schools. Limitations on mobile phone use within schools are expected to have a positive effect in this regard.

Advancing equality of opportunity - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact in relation to advancing equality of opportunity in relation to religion or belief.

Promoting good race relations - None

Reasons for your decision:

• There is no evidence that the limitations on mobile phones will positively or negatively impact in relation to religion or belief.

Do you think the policy impacts on people on the grounds of their marriage or civil partnership? Either directly or indirectly?

Marriage and Civil Partnership^[2]

Eliminating unlawful discrimination - None

Reasons for your decision:

• The protected characteristic of Marriage and Civil Partnership does not apply to schools.

Advancing equality of opportunity - None

Reasons for your decision:

• The protected characteristic of Marriage and Civil Partnership does not apply to schools

Promoting good race relations - None

Reasons for your decision:

• The protected characteristic of Marriage and Civil Partnership does not apply to schools