Part 6 E+W+SEducation

Chapter 1E+W+SSchools

Modifications etc. (not altering text)

C1Pt. 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.E+W+S

(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.

Textual Amendments