Part 6Education
C1 Chapter 1Schools
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.
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)