Section 85 — Equality Act 2010: Pupils: admission and treatment, etc.

Pupils: admission and treatment, etc. 85 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);

ba 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) , (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.