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

The responsible body of a school to which this section applies must not discriminate against a person—

in the arrangements it makes for deciding who is offered admission as a pupil;

as to the terms on which it offers to admit the person as a pupil;

by not admitting the person as a pupil.

The responsible body of such a school must not discriminate against a pupil—

in the way it provides education for the pupil;

in the way it affords the pupil access to a benefit, facility or service;

by not providing education for the pupil;

by not affording the pupil access to a benefit, facility or service;

by excluding the pupil from the school;

by subjecting the pupil to any other detriment.

The responsible body of such a school must not harass—

a pupil;

a person who has applied for admission as a pupil.

The responsible body of such a school must not victimise a person—

in the arrangements it makes for deciding who is offered admission as a pupil;

as to the terms on which it offers to admit the person as a pupil;

by not admitting the person as a pupil.

The responsible body of such a school must not victimise a pupil—

in the way it provides education for the pupil;

in the way it affords the pupil access to a benefit, facility or service;

by not providing education for the pupil;

by not affording the pupil access to a benefit, facility or service;

by excluding the pupil from the school;

by subjecting the pupil to any other detriment.

A duty to make reasonable adjustments applies to the responsible body of such a school.

In relation to England and Wales, this section applies to—

a school maintained by a local authority;

an independent educational institution (other than a special school);

an alternative provision Academy that is not an independent educational institution;

a special school (not maintained by a local authority).

In relation to Scotland, this section applies to—

a school managed by an education authority;

an independent school;

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.

The responsible body of a school to which this section applies is—

if the school is within subsection (7)(a), the local authority or governing body;

if it is within subsection (7)(b) , (ba) or (c), the proprietor;

if it is within subsection (8)(a), the education authority;

if it is within subsection (8)(b), the proprietor;

if it is within subsection (8)(c), the managers.

In the application of section 26 for the purposes of subsection (3), none of the following is a relevant protected characteristic—

gender reassignment;

religion or belief;

sexual orientation.

Section 85: Pupils: admission and treatment, etc.