Part 6Education
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);
F1(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) 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.