Political Impartiality in Schools
Since the recent terrorist attacks in Israel, there has been extensive domestic coverage in the media about the importance of schools being able to maintain a politically impartial standpoint when pupils are either taught about the background of highly political issues or given the opportunity to discuss them when flashpoints occur.
Here, Martin Cain revisits the government guidance Political impartiality in schools to help schools navigate their way through the heightened challenges facing them.
The Law
Existing statutory requirements on political impartiality cover all schools, regardless of type or funding arrangement and this includes independent schools. This means schools must:
- Prohibit the promotion of partisan political views; and
- Take steps to ensure the balanced presentation of opposing views on political issues when they are brought to the attention of pupils
For maintained schools, these legal duties are set out in Section 406 and Section 407 of the Education Act 1996. Most academies will also have a specific clause in their funding agreement which requires adherence to the same provisions.
For independent schools, the legal duties are set out in Part 2 of the Schedule to the Education (Independent School Standards) Regulations 2014. These requirements also apply to academies.
Legal Duties
Legal duties on political impartiality do not supersede schools’ other statutory requirements. Schools should take a reasonable and proportionate approach to ensuring political impartiality, alongside their other responsibilities. This includes legal requirements under the:
- Equality Act 2010 (including the Public Sector Equality Duty for state-funded schools)
- Human Rights Act 1998
- Prevent Duty
Schools are also required to actively promote the fundamental British values of:
- Democracy
- The rule of law
- Individual liberty
- Mutual respect and tolerance of those with different faiths and beliefs
Schools designated with a religious character are free to teach according to the tenets of their faith and the government does not consider principles or views in line with these tenets to be covered by statutory requirements on political impartiality.
Existing Arrangements
There are existing arrangements for the regulation of teachers’ professional conduct. Under the teachers’ standards, teachers must ensure that personal beliefs are not expressed in ways which exploit pupils’ vulnerability or might lead them to break the law. Teachers can also be subject to a prohibition order if their actions or behaviours undermine fundamental British values.
The Secretary of State also has the power under section 128 of the Education and Skills Act 2008 to prohibit an unsuitable individual from participating in the management of independent schools, including academies. These can be found in the guidance on barring unsuitable individuals from managing independent schools.
What Schools Can Do During Political Events
- Schools currently find themselves operating in times of extremely heightened political activity and sensitivity in the aftermath of the events in Israel and those now being witnessed in Palestine. Staff should be mindful to avoid activities within the school that could be construed as promoting a particular partisan view.
- Staff can continue to discuss political issues, political parties, movements, and protests that may be relevant to pupils. This must be done in a balanced manner and not involve promoting partisan political views on the issue.
- Failing to teach pupils about different views might be interpreted as promoting a particular partisan political view. All staff have a responsibility to ensure that they act appropriately in terms of their behaviour, the views they express and the use of school resources.
- School staff are free to engage in political activity, provided this is outside the school in their own time and at their own expense.
- Schools should be conscious of the fact that in some instances staff behaviour outside school may become visible to pupils, particularly when social media is used. Schools should already have policies and advice in place to protect staff and pupils from these risks, and it is particularly important these are applied with sensitivity to political activity.
Understanding Terminology
- Schools should be aware that ‘partisan political views’ are not limited to just political parties. They may also be held by campaign groups, lobbyists and charitable organisations.
- Where partisan political views, or material which promotes these, are covered as part of teaching a broad and balanced curriculum, schools should ensure that these are presented with the appropriate context, which supports a balanced presentation of opposing views.
- Schools can teach about partisan political views effectively, without breaching their legal duties on political impartiality. What is prohibited is promoting partisan political views to pupils.
- Determining whether a topic constitutes a ‘political issue’ may require careful consideration. However, some issues are clearly political, such as those relating to ongoing government activity or on which the main political parties have different views.
- Not all areas of ethical debate are political issues. There are some concepts and views that can be considered as shared principles that underpin our society and not political issues in this context. Examples include a belief in upholding certain rights, such as freedom of speech and protection from violence and criminal activity - or challenging discrimination and prejudice, including racism.
- It is important to note that many ongoing ethical debates and topics will constitute a political issue. This can be the case even when the main political parties and other partisan groups agree on a view, but there is not a wider consensus in public opinion. Instead, there is continued debate, where different legitimate views are expressed. However, ultimately school leaders and teachers will need to use reasonable judgment to determine what is and is not a ‘political issue’.
- Where schools remain unsure if a topic is a ‘political issue’ it is advisable to avoid promoting a particular view to pupils. Instead give a balanced factual account of the topic, in line with the legal duties of political impartiality.
- The term ‘balanced presentation of opposing views’, does not mean that pupils must be taught about an opposite view to every view which is covered, or that different views are always given equal time in teaching or cannot be critically assessed. Instead, it means that in presenting views on political issues, teachers and staff should take a ‘fair and dispassionate’ approach.
- In this context, the term ‘reasonably practicable’ means that steps taken to ensure balance should be reasonable and proportionate. They should not inhibit the delivery of a broad and balanced curriculum.
Any measures or policies implemented should consider the specific circumstances of the school, for example, the stage of education and age of pupils, or prevalent issues within the school community.
Example School Response in the Context of Recent Events in Israel and Palestine
- As protests across the country have been organised and the issue will have been raised in the classroom, staff may support discussion about the issue which might refer to the protests. However, they must not advocate pupils to join these protests or promote partisan political views advocated by the protest movement, or its opponents.
- Both pupils and teachers can freely attend legal protests outside school.
- Where protests or other political activity involves criminal activity, schools should actively discourage pupils’ participation.
- Schools should reinforce the importance of adhering to the law. Staff may at times need to explain to pupils why this is important, particularly in a democratic state.