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(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
F1S. 85(7)(ba) inserted (E.W.) (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), arts. 1, 2, Sch. para. 25(a)
F2Word in s. 85(9)(b) inserted (E.W.) (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), arts. 1, 2, Sch. para. 25(b)
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