Tag: equality

  • EHRC is consulting on sex in the Equality Act. Universities should too

    EHRC is consulting on sex in the Equality Act. Universities should too

    24 hours after it promised to, the Equality and Human Rights Commission (EHRC) has launched a consultation on updates to its statutory Code of Practice for services, public functions and associations, following the Supreme Court’s ruling on the meaning of “woman” in the Equality Act.

    As a reminder, the kernel of the ruling was that the definition of sex in the Equality Act 2010 (the Act) should be interpreted as “biological” sex only. This means that, for the purposes of that Act, a person’s legal sex is the one that was recorded at their birth.

    That’s different to the previous interpretation adopted by the courts, which was that the definition of sex also includes people who have obtained a Gender Recognition Certificate (GRC). According to the new ruling, obtaining a GRC does not change your legal sex for Equality Act purposes.

    In this limbo period, the pressure from one side of the debate has been calling for X or Y to change now, and from another side arguing that it’s the Codes of Practice that matter.

    Designed to help individuals, employers, and service providers understand and comply with equality laws, they cover areas like employment, services, education, and public functions – and while they are not legally binding, courts and tribunals often take them into account in discrimination cases.

    Given the pressure, consultation was going to be rapid – open for two weeks – but EHRC has now announced that it will run until 30 June 2025. Once the consultation is done, it will review responses, make amendments to the Code of Practice, and it will then be submitted to the Minister for Women and Equalities for approval and laying in Parliament.

    The consultation specifically focuses on sections of the Code of Practice that need to be updated following the judgment – the rest was consulted on between October 2024 and January 2025.

    The idea is to gather views on whether its proposed updates clearly articulate the practical implications of the judgment and enable those who will use the Code to understand, and comply with, the Equality Act 2010. The EHRC is at pains to point out that the Supreme Court made the legal position on the definition of sex clear, so the EHRC is not seeking views on those legal aspects.

    Thus far, my conversations around the sector indicate a “we’re waiting for the guidance” approach before anyone does anything – though there has been at least one case where a university has had to backtrack and apologise having taken a decision that anticipated the interpretation of the new ruling.

    And that does create both some “race against time” pressure for universities (and SUs) intending to wait for the final guidance given the proximity to Welcome Weeks, and on the expectations people will have for what happens next, which I’ve explained below.

    Enforcement

    One of the major controversies has been about what we might call “enforcement” in a single-sex space, facility or service.

    In other words, if a toilet is marked up as “women”, will those operating said toilet be able to, or even expected to find some way of checking on someone’s biological birth sex?

    In the EHRC draft, asking someone about their birth sex publicly, or in a tone that is rude or combative, could amount to unlawful discrimination or harassment. Policies that apply different questioning standards to different people – for example, asking only those who “don’t look like they belong” in a particular space – also risk breaching indirect discrimination provisions, unless there is clear and justifiable reasoning behind them.

    The draft guidance also stresses that verifying someone’s birth sex – or requesting documents like a birth certificate – is a step that should be taken only in rare cases, and even then with great care. As such, the ability to enforce a single-sex policy by removing someone is more limited than it may initially appear, particularly for those on one side of the debate.

    If a trans person declines to answer a question about birth sex, or answers in a way that is later contested, a provider cannot simply demand proof unless they have a clear, lawful basis for doing so. And even then, their request must be framed within a structured policy that minimises legal risk and respects privacy. The idea that someone can simply be turned away on the basis of an appearance-based suspicion is not really viable under this framework.

    Another complication is that direct discrimination by perception applies to sex, even if the person doesn’t legally hold that characteristic under the Equality Act. The draft confirms that a trans woman, though not considered a woman in law, could still claim sex discrimination if they were treated less favourably because they are perceived to be a woman.

    This widens protection in practice – it confirms that discriminatory treatment based on how someone is seen, not just what they are, can still breach the Act – even where legal definitions of sex or gender reassignment wouldn’t otherwise apply.

    On maternity, protection from pregnancy and maternity discrimination now clearly rests on biological sex – the previous reliance on case law to justify protection for trans men with a GRC has been removed, because under the clarified interpretation, their legal sex remains female for Equality Act purposes.

    This simplifies the legal basis – trans men who are pregnant are now protected as women in law, not by exception or interpretation. It reinforces the Act’s grounding in biological sex across all protected characteristics, aligning pregnancy and maternity provisions with the rest of the guidance.

    Objective discrimination

    Changes to section 5 of the code mean that in EHRC’s view, the Equality Act’s provisions on indirect discrimination now more clearly include people who don’t share a particular protected characteristic but experience the same disadvantage as those who do. This reflects the “same disadvantage” principle that is more commonly understood re race or disability, and applies it explicitly to sex and gender reassignment.

    A case study shows how a trans woman can claim indirect sex discrimination if they are disadvantaged in the same way as women – because of a shared experience with women of feeling unsafe. The protection doesn’t depend on whether they are legally female under the Act, nor on any formal association with women – it just depends on whether they face substantively the same disadvantage from the same policy.

    This extends legal protection in practice – it allows a broader group of individuals to challenge policies that disproportionately harm one group, even if their own legal status differs. It also reinforces the role of objective justification – so organisations must be able to show that their decisions are fair, necessary, and proportionate, or risk breaching the Act.

    Harassment

    Section 8 explains the general test for harassment under the Equality Act, and the change here is that harassment based on perception is now explicitly covered in the context of sex and gender reassignment. A new example involves a trans woman – showing that even if someone is wrongly perceived to have a protected characteristic, such as being biologically female, they are still protected under the Equality Act if they face unwanted conduct related to that perception.

    That broadens the scope of protection for trans people and others facing abuse based on assumptions, and it further clarifies that intent is irrelevant – what matters is the effect of the conduct and its link to a perceived protected characteristic.

    Associations

    Section 12 explains how the Equality Act applies to associations, and makes clear that women-only associations can lawfully refuse membership to trans women, based on the clarified interpretation that sex under the Equality Act means biological sex at birth.

    The example given shows that a trans woman does not share the protected characteristic of “sex as a woman” under the Act and therefore can be excluded from an association that lawfully restricts membership to women.

    But it doesn’t say that a trans woman must be excluded.

    The complicator that isn’t covered in the draft runs something like this. If a women-only association excludes cis men, that is lawful – and always has been – because the Equality Act 2010 explicitly allows associations to restrict membership to people who share a protected characteristic, such as sex.

    But if that the association then permits trans women (whose legal sex is male under the Act, even if they have a GRC) but excludes cis men (also legally male), EHRC says that would be applying inconsistent treatment within the same legal sex category – undermining the justification for using the sex-based restriction in the first place.

    So if that association wants to use the lawful sex-based exception, it in theory has to apply that restriction consistently based on biological sex – exclude all who are legally male under the Act, including both cis men and trans women.

    If it instead admits some individuals with the legal sex of “male” (e.g. trans women), while excluding others (cis men), then the restriction is no longer based solely on sex, but on gender identity or appearance – and that is not a lawful basis for exclusion, and so could lead to claims of direct sex discrimination by cis men, since they are being treated less favourably than other legally male individuals (trans women).

    So if there’s a staff women’s group or an SU has a women’s officer, converting the group or position into one that’s about a topic rather than a membership characteristic looks OK. Even if it was about a membership characteristic, as long as it isn’t actively excluding cis men while including trans women, that would seem to be fine – notwithstanding there may be arguments about feelings of exclusion, or expectations raised in an inappropriate way and so on.

    Sport

    This has been a key issue in the commentary – EHRC’s draft clearly permits organisers of gender-affected competitive sports (i.e. sports where strength, stamina, or physique create a meaningful performance gap) to exclude or treat trans people differently if it is necessary for reasons of fair competition or safety.

    Crucially, the guidance affirms that exclusion must be justified, proportionate, and based on evidence. A blanket ban on trans participation would likely be unlawful unless organisers can show that it is essential to protect fairness or safety. For example, excluding a trans man from a men’s boxing event due to safety concerns is likely lawful – if justified with reference to physical risk.

    The guidance also clarifies that if an event is mixed-sex and so does not invoke the single-sex exception, sex discrimination claims may arise – for example, from cis women disadvantaged by trans women competitors.

    Basically it emphasises the need for clear, evidence-based policies, especially in sports where fairness and safety are contested. Organisers are encouraged to draw on medical guidance and national governing body rules, balancing inclusion with legal duties to all participants. For universities and SUs, there’s clearly a line to be drawn between what we might call “BUCS sport” and “a kickabout organised by reslife”, although that line is not especially clear here.

    Single sex services

    If you are operating a single-sex service, another revised section encourages service providers to develop clear, written policies on when and how they will deliver separate or single-sex services, while also allowing for limited, carefully considered exceptions in individual cases – such as admitting a male child to a women’s changing room – as long as it does not undermine the core purpose of the service (e.g. safeguarding women’s access, privacy, or safety).

    Another section draws a clearer line around how and when trans people may lawfully be excluded from single- or separate-sex services, while reinforcing that such exclusions must always be proportionate, justified, and considered on a case-by-case basis.

    And it reminds that admitting someone of the opposite biological sex – such as a trans person – to a single-sex service may legally change the nature of that service, making it no longer covered by the single-sex exceptions under the Equality Act, itself creating a legal risk of sex discrimination against those excluded from the redefined service.

    Providers are therefore advised to consider less intrusive alternatives, like offering additional mixed or separate services, or adapting facilities (private, unisex toilets), where feasible. But if alternative arrangements would be impractical or undermine the service itself, exclusion may still be proportionate and lawful – but that decision must also consider how the trans person presents, what alternatives exist, and whether the exclusion leaves them without access to essential services like toilets or changing rooms.

    Communal accommodation

    This is less common in these days of cluster flats and ensuite, but again there’s competing rights to weigh up. It’s lawful to restrict access to communal sleeping or sanitary facilities based on biological sex, particularly where shared use would compromise privacy. But excluding someone because of gender reassignment – such as a trans woman from women’s dorms – can also be lawful, but only if it is a proportionate means of achieving a legitimate aim, such as protecting privacy or avoiding distress.

    Upshots and implications

    So what now? The wait and see approach does mean that where universities (and their SUs) are making changes to facilities, groups, services, positions and so on, or not making changes, those decisions will now likely need to be made over the summer – which means a storing up of trouble for the new academic year.

    What’s clear from the guidance is that whether we’re talking about a women’s officer role in an SU, a changing room, a block of toilets or a women’s self defence group, there are going to be options.

    The draft seems to indicate that a sign on a toilet that’s painted pink saying “trans inclusive, use the toilet you are most comfortable with” would be legally fine – but it could also trigger indirect sex discrimination claims, particularly if women argue that the policy has created a space where they no longer feel safe or comfortable, especially in settings where privacy, safeguarding, or trauma concerns are significant.

    And that risk is heightened if an organisation fails to provide alternative single-sex spaces for those who need or expect them.

    In other words, the single sex provisions in the Equality Act are mainly about the ability to enforce and exclude the “other” sex from something, any expectations that are set (and then not met), and the availability of alternatives.

    If you can’t rely on the Equality Act to carry out your exclusion, you can’t exclude. As such if we imagine a block of toilets, there will be choices:

    Option 1 is effectively to say “these toilets are open to all”, or “these are aimed at those who identify as women”. As long as it’s clear that the intention is not to actively exclude men from those toilets, and that people can use which ever toilet they feel most comfortable in, that appears to be legal.

    Option 2 is to take a toilet block currently marked as “women” and to make clear that these are a single sex facility as per the Equality Act 2010 – in other words, these are toilets specifically for biological women.

    The same goes for pretty much everything that’s currently gendered.

    The complicator in the case of toilets is that under UK law, employers are required to provide separate toilet facilities for men and women unless each facility is a fully enclosed, lockable room intended for single occupancy – and the tricky part is that a lot of toilets on a university campus may well act both as staff toilets, and (service provider) student toilets.

    But nevertheless, this still opens up considerable flexibility. Neither the ruling, nor the draft guidance, nor the finalised guidance, is going to tell universities (and their SUs) what to do about a given facility, service, group, scheme or position – and nor will it supply information on the expectations of staff and students on a given campus.

    And that sets up a problem for September.

    • If a toilet block currently marked “women” is marked up in an Option 1 way, some people on campus will be furious that it’s not been defined exclusively for biological women.
    • If a toilet block currently marked “women” is marked up in an Option 2 way, some people on campus will be furious that it’s not been defined in a way that is trans inclusive.

    The decisions across the portfolio of facilities, services, groups, schemes or positions almost by definition can’t be consistent – and so the way those decisions are made, and why, will be crucial – as will careful communication of them.

    In other words, here in the dying days of May, the time to roll sleeves up and get consulting with staff and students is now – not during Welcome Week.

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  • Collaboration in Action: The Third Sector Forum and the OfS Equality Agenda

    Collaboration in Action: The Third Sector Forum and the OfS Equality Agenda

    Last month, the Office for Students (OfS) confirmed the successful bids for their £2 million Equality of Opportunity Innovation Fund, launched to ‘support institutions to undertake new and innovative collaborative work or projects that will reduce risks to equality of opportunity’. 

    It is the culmination of three years of collaboration, beginning in February 2022 when Impetus hosted John Blake in his first external speaking event as the OfS’s Director for Fair Access and Participation.

    This seminal event gave rise to the Third Sector Forum – a quarterly dialogue between the Office for Students and third sector organisations working to support young people into higher education.   

    As an impact funder supporting the best attainment, engagement, and employment interventions for young people from disadvantaged backgrounds, we recognise the invaluable role of the third sector in addressing deep-seated barriers. We wanted to support this knowledge-sharing in the widening participation space.  

    Three years on, I spoke to some of the CEOs of Third Sector Forum organisations on what’s made the forum a success.

    Trust and openness  

    I was struck by the number of CEOs who cited the forum’s format as key to its success. While we fund widening participation organisations, Impetus itself is not a direct delivery organisation, meaning we can provide an independent middle ground. As a result, many emphasised the forum’s open and trusting nature and the uniqueness of this set-up. Anna Searle, CEO of The Access Project, reflected on how ‘you don’t often have the [governmental regulatory body] being as open with their constituent group’.  

    Another key factor in the success of the forum was the genuine engagement from the Office for Students, and particularly John Blake. Jayne Taylor, CEO of The Elephant Group, emphasised how John ‘genuinely listens to the voices around the table’, while Anna was quick to note how he went beyond discussing challenges for the OfS and what was next and provided his genuine views and reflections.  

    Collaborating and knowledge sharing

    Sam Holmes, CEO of Causeway Education, mentioned how participating in the sessions enabled him to form partnerships with other organisations in the space. Sitting next to Jayne when the Innovation Fund was announced, he says they were ‘immediately having conversations about […] potential collaboration’. 

    For organisations such as Causeway, which occupy a different space to programmatic organisations, it was also valuable to hear from colleagues across the sector. Forum members were able to share updates which, for Sam, demonstrated the wealth of collective knowledge and painted a picture of the higher education landscape.

    Shifting the narrative

    Action Tutoring is another member of the forum who wouldn’t ordinarily describe itself as a widening participation organisation. Susannah Hardyman, then-CEO, initially wondered if it was the right place for Action Tutoring, whose tutoring stops at age 16.  Organisations focusing on Level 2 outcomes have not always been seen as part of the widening participation space, but John Blake’s conscious decision to widen the focus of the equality of opportunity agenda brought them within scope. Over time, Susannah began to feel Action Tutoring had a place, helping to shift the narrative of what ‘widening participation’ means.

    At Impetus, we know that each step up the qualification ladder halves your chances of being NEET. We also know that early intervention is critical – before the barriers that young people face become acute – making the case for the importance of Level 2 pathways in achieving equality of opportunity. For Susannah, both the dialogue and John Blake’s emphasis on GCSE attainment, ‘[genuinely] did change the narrative of how we understand widening participation’. The implications of this reverberated beyond the four walls of the forum, opening up opportunities for organisations like Action Tutoring, which was later funded by the University of Brighton to work with two secondary schools on GCSE attainment.

    What next? 

    Policy professionals will know how rare it is to attribute policy change to their work. So, while Third Sector Forum members should undoubtedly shout about the fact that their expertise and dedication have helped to bring about £2 million of funding and a change to regulatory guidance, the work doesn’t end there. 

    Last year, the widening participation gap grew to 20.8 percentage points – its highest recorded level. The number is staggering, and even more bleak when coupled with a higher education sector on its knees and a ‘fiscal blackhole’ with seemingly no money to plug it up. It is clear that fighting to achieve equality of opportunity is more important than ever, but how?

    That a key pillar of the updated regulatory guidance is collaboration with the third sector is a testament to the success of the forum, but we can and must go further. 

    For Jayne Taylor, this looks like working groups or direct-action areas to facilitate collaboration, leveraging the collective knowledge and resources of the sector. With further investment, the forum could even evolve into an ecosystem, with opportunities for publishing research, bidding and running events together. 

    Collaboration also looks like an ever-evolving partnership between third sector organisations and the regulator. Anna Searle suggested implementing mechanisms for feedback loops, such as regular newsletters, to continue to foster a transmission of knowledge between forum members and the Office for Students. 

    For some, it feels like public policy is waiting for a return to pre-pandemic conditions. They believe that to truly move forward, we need to adapt to the present socio-economic landscape. One CEO pointed out the need for realistic conversations about the economic realities of the sector. With 40% of higher education institutions thought to be in deficit in 2023/24, providers and organisations are operating in an unprecedented funding landscape. For Sam Holmes, clearer messaging for charities that have relied on university contracts is increasingly necessary. He suggests there may even be benefits to involving funders in these discussions, alongside considering alternative partnerships, funding models and strategies.

    For others, such as Susannah Hardyman, we must continue to reevaluate our understanding of ‘equality of opportunity’.  With a record 56% of students now working part-time while studying, foodbank usage doubling since 2022, and 60% stating that money concerns affected their university choice, the landscape has undoubtedly changed. Where two decades ago the focus was relatively narrow – focused mostly around supporting high-achievers from deprived areas into high tariff institutions – this understanding has moved on. For Susannah, this needs to be taken into account, not to quash ambition but to broaden the definition of opportunity to reach as wide a group as possible. 

    When we hosted the Director for Fair Access and Participation three years ago, he said,

    ‘We are not short on people who will give up days, weeks, years of their time to pour into projects supporting the vulnerable and disadvantaged. We are not short on good suggestions, possible solutions, and rough ideas how things could be better. No, what we lack, still, is enough commitment for all those dedicated people to work together…’ 

    While the past few years have demonstrated the commitment that may have been missing previously, if we are to give every young person equal opportunity to succeed, our work is far from over. 

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  • To accelerate action on gender equality, we must consider both sides of the coin. #IWD2025

    To accelerate action on gender equality, we must consider both sides of the coin. #IWD2025

    It’s International Women’s Day. Today on the site, Professor Lisa-Dionne Morris explores the critical role of Black women in academia and industry leadership, particularly in Engineering and STEM, highlighting their groundbreaking contributions and the systemic barriers that persist. Read that piece here.

    Below, HEPI’s own Rose Stephenson challenges us to look at ‘the other side of the coin’ in the fight for gender equality – you can read that piece below.

    Firstly, Happy International Women’s Day 2025.

    The theme this year is ‘Accelerate Action.’ It’s a great theme, and to accelerate action in terms of gender equality, we have got to focus more on ‘the other side of the coin’. Let me explain three examples:

    1. We should do more to ensure that parenting is supportive and inclusive of fathers.

    Joeli Brearly, outgoing CEO of Pregnant then Screwed, recently gave evidence on Shared Parental Leave in parliament. She stated:

    ‘It’s time we asked ourselves a fundamental question about what sort of society we want this to be. Do we want to continue to perpetuate outdated and harmful gender stereotypes that tell us it is women who do the nurturing and the caring and the childrearing and are the homemakers and that men just need to pull their socks up and get back to work? They are strong, stoic breadwinners and don’t need this time [parental leave] to nurture and care for their family. The mental health of men in this country is in crisis. Boys are saying they feel lost and disconnected, and it’s no wonder when our laws are literally telling them: “you don’t need time to nurture and connect with your family.”’

    Inclusive parenting is good for dads, it’s great for kids, and it benefits Mums, too. My mantra is, ‘We will never have equality in the workplace until we have equality in the home’. Until we reach a point where an equal number of dads leave work in time for the school run, take time off for holiday care, or work part-time and flexibly, we will never reach parity in the workplace. And why would we want to? If women collectively reach equal pay, equal status and the resulting equal responsibility at work yet continue to shoulder most domestic and childcare duties, we have significantly undermined progress towards equality.

    The HEPI report I published last year, Show Me the Money, an exploration of the gender pay gap in higher education, demonstrated the importance of increasing paid paternity leave as a lever for narrowing the gender pay gap. If your institution is monitoring the uptake of senior or professorial roles by gender, are they also monitoring the uptake of post-birth parental leave, shared parental leave and statutory parental leave by the same measure? Is there monitoring and reporting on the genderisation of part-time work applications, flexible working requests and the granting of these requests? That is ‘the other side of the coin’ and we should not underestimate the hurdles fathers may have to overcome to ask – or be granted – the flexibility we more commonly expect for mothers.

    2. We should encourage boys and young men to work in teaching and social care roles to the same extent that we encourage women to work in engineering and tech.

    When working as a secondary and sixth-form science teacher, I undertook a project at my school that challenged pupils to critically think about the subject choices they were making at GCSE and A-Level and how this might be affected by gender stereotyping. There was plenty of support and encouragement for female pupils in science and maths subjects (as there should be). However, there was a notable vacuum in the equivalent campaigns to open up opportunities for boys.

    I witnessed first-hand how the gendering of subjects and occupations suppressed the potential of young men. One boy in my tutor group desperately wanted to complete his work experience at a hair salon. This pupil would have benefitted from a ‘hook’ that could have driven his interest in education and the future world of work. Unfortunately, his family disapproved of his choice, and he spent his work experience on a building site. This did nothing to enhance his motivation towards education or work. This was a valuable opportunity for a disengaged young man to pursue something that genuinely sparked his interest, and I have no doubt he would have excelled at. However, this opportunity was lost because it was not deemed ‘masculine’ enough. This was one example, but the boys I taught were quite open about feeling they couldn’t choose the subjects they wanted. There was an element of ‘acceptable’ choices.

    It is tragic that in 2025, UK society is still limiting the possibilities for young men to follow their real interests. As a sector, we should push hard against the narratives perpetuating this. Again, if your institution is monitoring and encouraging the uptake of subjects such as engineering or coding for female students, are they also monitoring the update of nursing courses by male students? Are there considerations of male uptake and completion of courses in your Access and Participation Plans?

    3. We should consider developing ‘Men’s Leadership’ courses.

    I’ve been lucky enough to partake in various forms of ‘Women’s Leadership training’ run by Advance HE and the Women’s Higher Education Network (WHEN), among others. Of course, non-gender-specific leadership training is available. However, women’s leadership courses have existed due to the historic and ongoing underrepresentation of women in leadership positions. Further, they provide a female-only space for women to develop their leadership skills.

    I vividly remember being told by a presenter on the Advance HE Aurora programme to ‘have heft’ and ‘take up space’. (I replay this memory regularly in all the privileged but occasionally intimidating speaking and media events I undertake in my current role.)

    But as we move closer towards gender parity – and I know there is more work to do – should we be thinking about the other side of the coin? Women’s leadership courses can often focus on developing traits deemed to be held by traditional, therefore male, leaders. Having more confidence, making your voice heard, etc. Now that most of society accepts that women can also make great leaders – and there are many stand-out examples in the higher education sector – where is the equivalent training for men?

    Where are the male leadership courses that teach men the skills of making space for others, speaking inclusively, building relationships, the importance of being a mentor, and using coaching techniques to build confidence in their colleagues? Surely, some male colleagues who wish to become leaders can learn skills that may be (stereotypically) more prevalent in female colleagues, and developing these skills would benefit everyone.

    And sure, some men will already possess these skills, just like some women have a natural ability to take up space. My question is, if we accept that women are socialised in a particular way to be missing some leadership or workplace skills, then can we accept that for men? Do we value stereotypically ‘female’ leadership skills enough to offer a platform for developing these skills in male colleagues? Further, should leadership courses for men include panels discussing how to balance leadership roles with childcare responsibilities? (And yes, those panels exist in women-in-leadership courses) Perhaps when we get to this point, we really will be considering the other side of the coin.

    If you found this blog interesting, you may wish to look back at some of our previous International Women’s Day blogs:

    HEPI has also published the report:

    HEPI will soon publish an updated report on educational achievement by boys and young men, a significant and long-standing issue that has been largely ignored by policymakers. The report considers the consequences for individuals and societies and proposes several levers that could be used to drive change. This report will be published this month – March 2025. If you haven’t already, sign up for our blog below to get this report hot off the press.

    If you wish to write a blog for International Men’s Day on November 19th, submissions are very welcome.

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  • What’s next in equality of opportunity evaluation?

    What’s next in equality of opportunity evaluation?

    In the Evaluation Collective – a cross-sector group of like-minded evaluation advocates – we have reason to celebrate two related interventions.

    One is the confirmation of a TASO and HEAT helmed evaluation library – the other John Blake’s recent Office for Students (OfS) blog What’s next in equality of opportunity regulation.

    We cheer his continued focus on evaluation and collaboration (both topics close to our collective heart). In particular, we raised imaginary (in some cases…) glasses to John Blake’s observation that:

    Ours is a sector founded on knowledge creation, curation, and communication, and all the skills of enquiry, synthesis and evidence-informed practice that drive the disciplines English HE providers research and teach, should also be turned to the vital priorities of expanding the numbers of students able to enter HE, and ensuring they have the best chance to succeed once they are admitted.

    That’s a hard YES from us.

    Indeed, there’s little in our Evaluation Manifesto (April 2022) that isn’t thinking along the same lines. Our final manifesto point addresses almost exactly this:

    The Evaluation Collective believe that higher education institutions should be learning organisations which promote thinking cultures and enact iterative and meaningful change. An expansive understanding of evaluation such as ours creates a space where this learning culture can flourish. There is a need to move the sector beyond simply seeking and receiving reported impact.

    We recognise that OfS has to maintain a balance between evaluation for accountability (they are our sector regulator after all) and evaluation for enhancement and learning.

    Evaluation in the latter mode often requires different thinking, methodologies and approaches. Given the concerning reversal of progress in HE access indicated by recent data this focus on learning and enhancement of our practice seems even more crucial.

    This brings us to two further collective thoughts.

    An intervention intervention

    John Blake’s blog references comments made by the Evaluation Collective’s Chair Liz Austen at the Unlocking the Future of Fair Access event. Liz’s point, which draws on a soon to be published book chapter, is that, from some perspectives, the term intervention automatically implies an evaluation approach that is positivistic and scientific – usually associated with Type 3 causal methodologies such as randomised control trials.

    This kind of language can be uncomfortable for those of us evaluating in different modes (and even spark the occasional paradigm war). Liz argued that much of the activity we undertake to address student success outcomes, such as developing inclusive learning, teaching, curriculum and assessment approaches is often more relational, dynamic, iterative and collaborative, as we engage with students, other stakeholders and draws on previous work and thinking from other disciplinary area.

    This is quite different to what we might think of as a clinical intervention, which often involves tight scientific control of external contextual factors, closed systems and clearly defined dosage.

    We suggest, therefore, that we might need a new language and conceptual approach to how we talk and think about evaluation and what it can achieve for HE providers and the students we support.

    The other area Liz picked up concerned the burden of evaluation not only on HE providers, but also the students who are necessarily deeply integrated in our evaluation work with varying degrees of agency – from subjects from whom data is extracted at one end through to co-creators and partners in the evaluation process at the other.

    We rely on students to dedicate sufficient time and effort in our evaluation activities. To reduce this burden and ensure we’re making effective use of student input, we need better coordination of regulatory asks for evaluation, not least to help manage the evaluative burden on students/student voices – a key point also made by students Molly Pemberton and Jordan Byrne at the event.

    As it is, HE providers are currently required to develop and invest in evaluation across multiple regulatory asks (TEF, APP, B3, Quality Code etc). While this space is not becoming too crowded (the more the merrier), it will take some strategic oversight to manage what is delivered and evaluated, why and by whom and look for efficiencies. We would welcome more sector work to join up this thinking.

    Positing repositories

    We also toasted John Blake’s continued emphasis on the crucial role of evaluation in continuous improvement.

    We must understand whether metrics moving is a response to our activity; without a clear explanation as to why things are getting better, we cannot scale or replicate that impact; if a well-theorised intervention does not deliver, good evaluation can support others to re-direct their efforts.

    In support of this, the new evidence repository to house the sector’s evaluation outcomes has been confirmed, with the aim of supporting our evolving practice and improve outcomes for students. This is another toast-worthy proposal. We believe that this resource is much needed.

    Indeed, Sheffield Hallam University started its own (publicly accessible) one a few years ago. Alan Donnelly has written an illuminating blog for the Evaluation Collective reflecting on the implementation, benefits and challenges of the approach.

    The decision to commission TASO and HEAT to develop this new Higher Education Evidence Library (HEEL), does however, beg a lot of questions about how material is selected for inclusion, who makes the selection and the criteria they use. Here are a few things we hope those organisations are considering.

    The first issue is that it is not clear whether this repository is merely primarily designed to address a regulatory requirement for HE providers to publish their evaluation findings or a resource developed to respond to the sector’s knowledge needs. This comes down to clarity of purpose and a clear-eyed view of where the sector needs to develop.

    It also comes down to the kinds of resources that will be considered for inclusion. We are also concerned by the prospect of a rigid and limited selection process and believe that useful and productive knowledge is contained in a wide range of publications. We would welcome, for example, a curation approach that recognised the value of non-academic publications.

    The contribution of grey literature and less formal publications, for example, is often overlooked. Valuable learning is also contained in evaluation and research conducted in other countries, and indeed, in different academic domains within the social and health sciences.

    The potential for translating interventions across different institutional and sector contexts also depends on sharing contextual and implementation information about the target activities and programmes.

    As colleagues from the Russell Group Widening Participation Evaluation Forum recently argued on these very pages, the value of sharing evaluation outcomes increases the more we move away from reporting technical and statistical outcomes to include broader reflections and meta-evaluation considerations, the more we collectively learn as a sector the more opportunities we will see for critical friendships and collaborations.

    While institutions are committing substantial time and resources to APP implementation, we must resist overly narrowing the remit of our activities and our approach in general. Learning from failed or even poor programmes and activities (and evaluation projects!) can be invaluable in driving progress.

    Ray Pawson speaks powerfully of the way in which “nuggets” of valuable learning and knowledge can be found even when panning less promising or unsuccessful evaluation evidence. Perhaps, a pragmatic approach to knowledge generation could trump methodological criteria in the interests of sector progress?

    Utopian repositories

    Hot on the HEELs of the TASO/HEAT evaluation library collaboration announcement we have put together a wish list for what we would like to see in such a resource. We believe that a well-considered, open and dynamic evaluation and evidence repository could have a significant impact on our collective progress towards closing stubborn equality of opportunity risk gaps.

    Submission to this kind of repository could also be helpful for the professionalisation of HE-based evaluation and good for organisational and sector recognition and career progression.

    A good model for this kind of approach is the National Teaching Repository (self-upload, no gatekeeper – their tag line “Disseminating accessible ideas that work”). This approach includes a way of tracking the impact and reach of submissions by allocating them a DOI.

    This is an issue that Alan and the Sheffield Hallam Team have also cracked, with submissions appearing in scholarly indexes.

    We are also mindful of the increasingly grim economic contexts in which most HE staff are currently working. If it does its job well, a repository could help mitigate some of the current constraints and pressures on institutions. Where we continue to work in silos there is a continued risk of wasting resources, by reinventing the same intervention and evaluation wheels in isolation across a multitude of different HE providers.

    With more openness and transparency, and sharing work in progress, as well as in completion, we increase the possibility of building on each other’s work, and, hopefully, finding opportunities for collaboration and sharing the workload, in other words efficiency gains.

    Moreover, this moves us closer to solving the replication and generalisability challenges, evaluators working together across different institutions can test programmes and activities across a wider set of contexts, resulting in more flexible and generalisable outcomes.

    Sliding doors?

    There are two further challenges, which are only nominally addressed in John Blake’s blog, but which we feel could have significant influence on the sector impact of the repository of our dreams.

    First, effective knowledge management is essential – how will time-pressed practitioners find and apply relevant evidence to their contexts? The repository needs to go beyond storing evaluations to include support to help users to find what they need, when they need it, and include recommendations for implications for practice.

    Second, drawing on the development of Implementation Science in fields like medicine and public health could help maximize the repository’s impact on practice. We suggest early consultation with both sector stakeholders and experts from other fields who have successfully tackled these knowledge-to-practice challenges.

    At this point in thinking, before concrete development and implementation have taken place, we have the potential for a multitude of possible future repositories and approaches to sector evaluation. We welcome TASO and HEAT’s offer to consult with the sector over the spring as they develop their HEEL and hope to engage in a broad and wide-ranging discussion of how we can collectively design an evaluation and evidence repository that is not just about collecting together artefacts, but which could play an active role in driving impactful practice. And then we can start talking about how the repository can be evaluated.

    John Blake will be talking all things evaluation with members of the Evaluation Collective on the 11th March. Sign up to the EC membership for more details: https://evaluationcollective.wordpress.com/

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  • Humane societies are thoughtful about how to promote equality, diversity and inclusion

    Humane societies are thoughtful about how to promote equality, diversity and inclusion

    We all knew that the Trump administration’s attacks on diversity, equality and inclusion would have ramifications in the UK, but we probably didn’t expect it to show up quite so quickly.

    This Saturday’s lead in The Times warned that – in tacit contrast to President Trump’s apparent intention that all federal funding should cease to organisations or projects that champion inclusion – UK universities could now lose public money if they do not.

    This refers, of course, to the ongoing consultation on the people, culture and environment measure in the 2029 Research Excellence Framework. Back in 2023, our tongues firmly in our cheeks, we held a panel session at our Festival of HE titled “Has REF gone woke?” That joke no longer looks so funny.

    DK has explained elsewhere on the site exactly what’s wrong with the claims about the REF in The Times, should you need ammunition to fire over the dinner party table. We should hardly be surprised by now to see half truths and scare tactics mobilised in this particular culture war. Its proponents are not in the main motivated by a concern for evidence as by animus against a particular set of values which it suits them to project as being in opposition to [delete as appropriate] common sense/free market economics/honest working people/standards in public services/The Meritocracy.

    While the spectacle in the US of wealthy white men openly deploying their enormous power against those who are minoritised and disenfranchised is truly horrifying, FT science columnist Anjana Ahuja last week pointed to a larger concern: that scientists, funders and research organisations would quietly divest from equality, diversity and inclusion initiatives, or deprioritise vital research into differential experiences of or outcomes from public health, provision of public services, justice, or education, consciously or unconsciously orienting the scientific endeavour towards the locus of power rather than towards truth or justice. Any such reorientation would have a serious impact, both through loss of talent in research, and loss of knowledge that could improve, and save, many lives.

    The politics in the UK

    You might feel that despite the tendency of part of the UK media to promulgate the culture wars, UK research is unlikely to experience anything like as serious as the US. And that is probably correct in the short term, given the current flavour of the Westminster and devolved governments. The temptation when there is a lot of noise but without much real likelihood of action, is to stay quiet, and wait for the noise to pass. That would be a mistake.

    Despite the size of the Labour government’s majority, the current political battle – including the Labour Party – is on the populist right. The Conservatives under opposition leader Kemi Badenoch are locked in a struggle with Reform, which is currently not only beating the Tories in the polls, but is also neck and neck with Labour as a chunk of (socially, if not necessarily economically) conservative voters become impatient with Labour but are not ready to turn back to the big-C Conservatives.

    None of this should be an immediate cause for concern – the next election is a long way off, and Farage remains a good distance from No 10. But it does appear to mean, unfortunately, that political discourse tends to gravitate to the populist right, as it is these potential Reform voters both parties hope to woo back. Badenoch – whose anti-woke credentials formed part of her appeal to Tory members – has called diversity and inclusion work “woke indoctrination.” Labour has been adamant on the need to cut net migration, a perennial Reform issue, despite the likely impact on its stated priority of economic growth. The next Westminster election may yet be fought on an “anti-woke” platform. And Labour may be a one-term government, as Biden was in the US.

    What could the response be?

    An instance last week in which Secretary of State for Health Wes Streeting was asked about diversity, equality and inclusion activity in the NHS gives a sense of the issues higher education institutions will be working through in this space. Streeting’s measured answer acknowledged the cost of such activity in a time of economic constraint but robustly defended the importance of, for example, anti-racist bullying and harassment work in the NHS. He added that on occasion some “daft things” have been done in the name of equality, diversity and inclusion – the part of his answer which inevitably formed the bulk of media headlines.

    On equality, diversity and inclusion there is a principle at stake and a “political fight” to be had, in Streeting’s words, in which organisations that operate in the public interest must continue to stand up for the idea that any just and humane society makes a meaningful effort to address systemic and structural inequality no matter the economic environment or the political backlash.

    But nor should external pressures dissuade the academic and scientific community, higher education institutions or students’ unions, from examining the evidence, and keeping the public conversation open about how such efforts are best accomplished in practice.

    The culture wars thrive on category slippage between principle and practice – when one or two examples of specific initiatives are held to stand for all forms of equality and inclusion work. Anyone may have doubts about the merits of any given approach, and the best way to engage with those doubts is through evidence and good-faith discussion. Higher education has a responsibility not simply to protect and defend its own practice but to subject equality, diversity and inclusion practice to thoughtful scrutiny in the interests of promoting that principle – to contribute to making the public conversation as informed as possible.

    Research England, in its extended consultation and discussion of its people, culture and environment measure, and its mobilisation of evidence, is therefore a shining exemplar of good practice. Inevitably some will feel that the resultant system puts too much weight on equality, while others will wish that the funding mechanisms would lean in harder.

    What is not really arguable is that our collective approach to the management of research and education – what is prioritised, who is supported – has real-world consequences that shape the future of our society. To suggest that it’s wrong for evidenced consideration of how equality, diversity, and inclusion manifests in the funding mechanisms that drive those decisions is simply absurd.

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