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

Extent: 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);
(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) , (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.

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Source: https://www.legislation.gov.uk/ukpga/2010/15/section/85 (the official version)
Page: https://openlegislation.uk/equality-act-2010/section-85
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.