Section 85 Pupils: admission and treatment, etc.

England, Wales and Scotland

(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)

F1an 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.

Annotations

Textual amendments

F1: S. 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)
F2: Word 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)