A recent letter (Nursery World, 23 June) told of the case of a parent objecting to a male childcarer changing their child's nappy for cultural reasons, rather than child protection concerns. How, asked the nursery owner, could the setting balance respect for the parent's wishes, in terms of supporting cultural diversity, with respect for the rights of the staff member, in terms of ensuring equality?
This incident reveals the need for settings to have a clear policy on equality that spells out a setting's practice in terms of its principles and obligations under the law.1 The policy would include, for example, the agreed roles of male staff. With such a policy in place, parents and potential staff can be clear about how the setting operates before accepting a place or a job. It also avoids uncomfortable situations or possible litigation.
So far as is known there has been no case law regarding a man changing nappies but if he were not allowed to do this, it would constitute unequal treatment compared with women and possibly infringe his human rights.2 In our society there will inevitably be diverging attitudes to childcare and education. Some parents, for example, may wish girls and boys to be cared for separately. Similarly, some staff may wish to wear particular clothes. The reasons for divergence may arise out of cultural, religious or personal beliefs, misinformation, prejudice, apprehension or fear.
Legal requirements
All non-statutory and statutory settings are required to have an equality policy. Every setting has to comply with anti-discriminatory laws and the requirements of national and local government, registration, inspection and the curriculum. These will inevitably be reflected in the policy.
So it would appear unlawful for a man not to be allowed to change nappies, but it would be up to a court to decide if anyone wished to challenge it.
Agreeing with a parental request for a child not to have contact with a black or Asian keyworker because she is black or Asian would be unlawful.
That would be giving less favourable treatment on racial grounds to the keyworker concerned, compared with other keyworkers.
Requiring all staff to be female would be unlawful. But, whereas separate provision on racial grounds is unlawful, separate provision for boys and girls is lawful.
There may be exceptions to some aspects of the law. For example, it is possible to set up an organisation for a specific racial group, so long as it is not based on skin colour, and run a nursery for the children of its members. So, knowing about the law is important when devising a policy.
Some of the above situations may be resolved by negotiation or explanation.
Others may be unlawful or impossible to resolve and may lead to a child or staff member leaving. But it is important to recognise and accept that no setting can always do what a parent or staff member wants.
Sometimes the person in charge may need to remain sympathetic but state clearly that a child may be better suited elsewhere, or that the setting cannot accommodate a staff request. This should not be seen as a failure.
It is not the responsibility of any setting to collude with practices that are outside the principles of the setting.
Devising a policy that everyone feels they 'own' involves discussion, sharing ideas, reading around issues, complying with legislation and Government requirements and constantly updating practice. Working for equality is a process, not a one-off activity.
In response
A policy is only part of working with parents. Practitioners will also need to be able to respond sympathetically to parents' queries and be able to explain and illustrate policy with practical examples.
For example, 'I am glad that you raised this with me, because it is important that we can discuss issues. But we have consulted a lot about our policy and we cannot agree to make exceptions to our principles, however much we might wish to support you as X's parent, who we value in our nursery.'
Discussion between everyone involved and agreeing a vision for the setting is key. This is the basis for a policy on equality and how people work together. Continually discussing attitudes to equality should be the ongoing practice of people involved in settings.
Setting up discussions with Ofsted and local advisers on the implications of equality in practice would also help clarify the issues identified here.
NW
Jane Lane is an advocate worker for racial equality in the early years.
Ideas for this article were contributed by Greta Sandler and Jennie Lindon
References
1 A Policy for Excellence: developing a policy for equality in early years settings is available from Early Years Equality, PO Box 3428, Chester CH1 9BX, tel/fax: 01244 310569
2 The Equal Opportunities Commission provides information on sex discrimination. Visit www.eoc.org.uk
