Concerns have been raised about sexual harassment in all stages of education. This paper provides information on the requirements on schools, colleges and universities, and relevant recent developments.Jump to full report >>
All schools in England must have a child protection policy in place, including measures in relation to protecting children from sexual harassment, whether from staff members or their peers. Relevant policies are in place relating to behaviour at school, bullying, and the Public Sector Equality Duty.
Keeping Children Safe in Education is the statutory guidance to which all schools and colleges in England must regard when carrying out their duties to safeguard and promote the welfare of children. Following a consultation opened in December 2017, revised guidance has been published that will come into force in September 2018.
Advice for schools on Sexual violence and sexual harassment between children in schools and colleges sets out more direct information for schools and colleges on how to deal with incidents and allegations.
The Government has legislated for statutory Relationships and Sex Education, which is intended to come into force in September 2020. A consultation on draft guidance is currently underway, and runs until 7 November 2018.
This briefing provides an overview of the relevant policies schools are expected to have in place, and recent policy developments.
The same guidance for schools also applies to colleges, but some different considerations may apply where the students involved have turned 18, depending on context. Issues relating to over-18s are explored further in later sections.
Education policy is a devolved area, and this briefing focuses on the position in English schools. Links are provided to relevant policies in place in Scotland, Wales, and Northern Ireland.
Universities and FE colleges face different challenges to schools with regard to the welfare and protection of students as most students are adults. The situation is further complicated on campuses where students are living and socialising together. Higher and further education institutions have a duty to ensure that students have a safe environment in which to live and work. They also have a duty under the Equalities Act 2010 to eliminate discrimination, to promote equality and to foster good relations between groups. These duties however must be implemented whilst allowing adult students freedom and autonomy. This can be a difficult balance to achieve.
There have been concerns that sexual harassment is increasing in universities. The NUS has blamed this partly on the rise of ‘lad culture’. This situation has been taken seriously by the higher education sector and higher education institutions (HEIs) and Universities UK have convened taskforces on sexual harassment and created guideline for HEIs to help them draft policies to address this issue. Most colleges and universities now have processes and procedures in place to address harassment (including sexual harassment), violence and hate crime.
This paper gives an overview of the issue of sexual harassment in colleges and universities and sets out the legal duties of institutions and their responses to the problem of rising incidents of sexual harassment and violence.
Commons Briefing papers CBP-8117
Authors: Robert Long; Susan Hubble