{
  "url": "https://openlegislation.uk/equality-act-2010/section-85",
  "json_url": "https://openlegislation.uk/equality-act-2010/section-85.json",
  "legislation": "ukpga/2010/15",
  "legislation_title": "Equality Act 2010",
  "legislation_url": "https://openlegislation.uk/equality-act-2010",
  "path": "section/85",
  "kind": "section",
  "number": "85",
  "heading": "Pupils: admission and treatment, etc.",
  "text": "(1) The responsible body of a school to which this section applies must not discriminate against a person—\n(a) in the arrangements it makes for deciding who is offered admission as a pupil;\n(b) as to the terms on which it offers to admit the person as a pupil;\n(c) by not admitting the person as a pupil.\n(2) The responsible body of such a school must not discriminate against a pupil—\n(a) in the way it provides education for the pupil;\n(b) in the way it affords the pupil access to a benefit, facility or service;\n(c) by not providing education for the pupil;\n(d) by not affording the pupil access to a benefit, facility or service;\n(e) by excluding the pupil from the school;\n(f) by subjecting the pupil to any other detriment.\n(3) The responsible body of such a school must not harass—\n(a) a pupil;\n(b) a person who has applied for admission as a pupil.\n(4) The responsible body of such a school must not victimise a person—\n(a) in the arrangements it makes for deciding who is offered admission as a pupil;\n(b) as to the terms on which it offers to admit the person as a pupil;\n(c) by not admitting the person as a pupil.\n(5) The responsible body of such a school must not victimise a pupil—\n(a) in the way it provides education for the pupil;\n(b) in the way it affords the pupil access to a benefit, facility or service;\n(c) by not providing education for the pupil;\n(d) by not affording the pupil access to a benefit, facility or service;\n(e) by excluding the pupil from the school;\n(f) by subjecting the pupil to any other detriment.\n(6) A duty to make reasonable adjustments applies to the responsible body of such a school.\n(7) In relation to England and Wales, this section applies to—\n(a) a school maintained by a local authority;\n(b) an independent educational institution (other than a special school);\n(ba) an alternative provision Academy that is not an independent educational institution;\n(c) a special school (not maintained by a local authority).\n(8) In relation to Scotland, this section applies to—\n(a) a school managed by an education authority;\n(b) an independent school;\n(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.\n(9) The responsible body of a school to which this section applies is—\n(a) if the school is within subsection (7)(a), the local authority or governing body;\n(b) if it is within subsection (7)(b) , (ba) or (c), the proprietor;\n(c) if it is within subsection (8)(a), the education authority;\n(d) if it is within subsection (8)(b), the proprietor;\n(e) if it is within subsection (8)(c), the managers.\n(10) In the application of section 26 for the purposes of subsection (3), none of the following is a relevant protected characteristic—\n(a) gender reassignment;\n(b) religion or belief;\n(c) sexual orientation.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2010/15/section/85",
    "retrieved_at": "2026-10-28T17:03:45.890819+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}