Part 6Education

C1Chapter 1Schools

Annotations:
Modifications etc. (not altering text)
C1

Pt. 6 Ch. 1: power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), s. 18(2)(c) (as amended by S.I. 2011/1651, art. 12(b)); S.I. 2012/320, art. 2(g)

85Pupils: admission and treatment, etc.

1

The responsible body of a school to which this section applies must not discriminate against a person—

a

in the arrangements it makes for deciding who is offered admission as a pupil;

b

as to the terms on which it offers to admit the person as a pupil;

c

by not admitting the person as a pupil.

2

The responsible body of such a school must not discriminate against a pupil—

a

in the way it provides education for the pupil;

b

in the way it affords the pupil access to a benefit, facility or service;

c

by not providing education for the pupil;

d

by not affording the pupil access to a benefit, facility or service;

e

by excluding the pupil from the school;

f

by subjecting the pupil to any other detriment.

3

The responsible body of such a school must not harass—

a

a pupil;

b

a person who has applied for admission as a pupil.

4

The responsible body of such a school must not victimise a person—

a

in the arrangements it makes for deciding who is offered admission as a pupil;

b

as to the terms on which it offers to admit the person as a pupil;

c

by not admitting the person as a pupil.

5

The responsible body of such a school must not victimise a pupil—

a

in the way it provides education for the pupil;

b

in the way it affords the pupil access to a benefit, facility or service;

c

by not providing education for the pupil;

d

by not affording the pupil access to a benefit, facility or service;

e

by excluding the pupil from the school;

f

by subjecting the pupil to any other detriment.

6

A duty to make reasonable adjustments applies to the responsible body of such a school.

7

In relation to England and Wales, this section applies to—

a

a school maintained by a local authority;

b

an independent educational institution (other than a special school);

F1ba

an alternative provision Academy that is not an independent educational institution;

c

a special school (not maintained by a local authority).

8

In relation to Scotland, this section applies to—

a

a school managed by an education authority;

b

an independent school;

c

a school in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980.

9

The responsible body of a school to which this section applies is—

a

if the school is within subsection (7)(a), the local authority or governing body;

b

if it is within subsection (7)(b) F2, (ba) or (c), the proprietor;

c

if it is within subsection (8)(a), the education authority;

d

if it is within subsection (8)(b), the proprietor;

e

if it is within subsection (8)(c), the managers.

10

In the application of section 26 for the purposes of subsection (3), none of the following is a relevant protected characteristic—

a

gender reassignment;

b

religion or belief;

c

sexual orientation.