Disability Discrimination Act 1995

[F1 Residual duty of education authorities] E+W+S

Textual Amendments

F1 Pt. IV Ch. 1: Cross-heading and ss. 28F, 28G inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

[F2 28F Duty of education authorities not to discriminate E+W+S

(1) This section applies to—

(a) the functions of a [F3 local authority] under the Education Acts; and

(b) the functions of an education authority under—

(i) the Education (Scotland) Act 1980;

(ii) the Education (Scotland) Act 1996; F4 . . .

(iii) the Standards in Scotland’s Schools etc. Act 2000[F5 ; and

(iv) the Education (Additional Support for Learning) (Scotland) Act 2004 F6 .]

(2) But it does not apply to any prescribed function.

(3) In discharging a function to which this section applies, it is unlawful for the authority to discriminate against—

(a) a disabled pupil; or

(b) a disabled person who may be admitted to a school as a pupil.

(4) But an act done in the discharge of a function to which this section applies is unlawful as a result of subsection (3) only if no other provision of this Chapter makes that act unlawful.

(5) In the case of an act which constitutes discrimination by virtue of section 55, this section also applies to discrimination against a person who is not disabled.

[F7 (6) In this section and section 28G, “local authority” has the meaning given by section 579(1) of the Education Act 1996.]

(7) “The Education Acts” has the meaning given in section 578 of the Education Act 1996.

(8) In this section and section 28G, “education authority” has the meaning given in section 135(1) of the Education (Scotland) Act 1980.]

Textual Amendments

F2 S. 28F inserted (E.W.S) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F3 Words in s. 28F(1)(a) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 40(5)(a)

F4 Word preceding s. 28F(1)(b)(iii) omitted (30.6.2005) by virtue of The Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications) Order (S.I. 2005/1791), {art. 2(a)}

F5 S. 28F(1)(b)(iv) and preceding word inserted (30.6.2005) by The Education (Additional Support for Learning) (Scotland) Act 2004 (Consequential Modifications) Order (S.I. 2005/1791), {art. 2(b)}

F6 2004 asp 4.

F7 S. 28F(6) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 40(5)(b)

[F8 28G Residual duty: supplementary provisions E+W+S

(1) Section 28B applies for the purposes of section 28F as it applies for the purposes of section 28A with the following modifications—

(a) references to a responsible body are to be read as references to an authority; and

(b) references to section 28C are to be read as references to subsections (2) to (4).

(2) Each authority must take such steps as it is reasonable for it to have to take to ensure that, in discharging any function to which section 28F applies—

(a) disabled persons who may be admitted to a school as pupils are not placed at a substantial disadvantage in comparison with persons who are not disabled; and

(b) disabled pupils are not placed at a substantial disadvantage in comparison with pupils who are not disabled.

(3) That does not require the authority to—

(a) remove or alter a physical feature; or

(b) provide auxiliary aids or services.

(4) This section imposes duties only for the purpose of determining whether an authority has discriminated against a disabled person; and accordingly a breach of any such duty is not actionable as such.

(5) A reference in sections 28I, 28K(1), 28M(6) and 28P to a responsible body is to be read as including a reference to a [F9 local authority] in relation to a function to which section 28F applies.

(6) A reference in section 28N and 28P to a responsible body is to be read as including a reference to an education authority in relation to a function to which section 28F applies.

(7) “Authority” means—

(a) in relation to England and Wales, a [F9 local authority]; and

(b) in relation to Scotland, an education authority.]

Textual Amendments

F8 S. 28G inserted (E.W.S.) (1.9.2002) by 2001 c. 10, s. 16 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F9 Words in s. 28G(5)(7)(a) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 40(6)