Equality Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 6 — Education
Chapter 1 — Schools

Clause 82: Application of certain powers under Education Act 1996
Effect
288. This clause enables the Secretary of State to give directions, using powers under the
Education Act 1996, to require a maintained school or a non-maintained special school to
comply with its duties under clause 80. It enables the Secretary of State to require a school to
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stop a discriminatory practice or policy even if no complaint has been brought by an individual
pupil or prospective pupil.
Background
289. Sections 496 and 497 of the Education Act 1996 empower the Secretary of State to
give directions to local education authorities and to governing bodies of maintained schools to
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prevent them exercising their functions under the Education Acts unreasonably, or to require
them to perform statutory duties where they are not doing so. This power has already been
extended to require compliance with the law on sex discrimination, and this clause extends
those powers to all the protected characteristics covered by clause 80.
Example
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• The governing body of a school refuses as a matter of policy to let disabled pupils
participate in school trips because of the extra risk management required. The
Secretary of State could direct the governing body to change its policy so as to make
reasonable adjustments to enable disabled pupils to participate.
Clause 83: Disabled pupils: accessibility
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Effect
290. This clause introduces Schedule 10 which requires local authorities and schools to
prepare and implement accessibility strategies and plans. These will increase disabled pupils’
access to the curriculum and improve the physical environment and the provision of
information. They are explained in more detail in the notes to that Schedule.
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Clause 84: Interpretation and exceptions
Effect
291. This clause explains what is meant by terms used in this Chapter, such as “school” and
“pupil”. It also makes it clear that the prohibitions in the Chapter do not apply to anything
done in relation to the content of the school curriculum. This ensures that the Bill does not
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inhibit the ability of schools to include a full range of issues, ideas and materials in their
syllabus and to expose pupils to thoughts and ideas of all kinds. The way in which the
curriculum is taught is, however, covered by the reference to education in clause 80(2)(a), so
as to ensure issues are taught in a way which does not subject pupils to discrimination. This
clause also gives effect to Schedule 11 which provides some exceptions to the provisions in
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this Chapter.
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Equality Bill
Part 6 — Education
Chapter 1 — Schools

82
Application of certain powers under Education Act 1996
(1)
Sections 496 and 497 of the Education Act 1996 (powers to give directions
where responsible body of school in default of obligations, etc.) apply to the
performance of a duty under section 80.
(2)
But neither of sections 496 and 497 of that Act applies to the performance of a
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duty under that section by the proprietor of an independent educational
institution (other than a special school).
83
Disabled pupils: accessibility
Schedule 10 (accessibility) has effect.
84
Interpretation and exceptions
10
(1)
This section applies for the purposes of this Chapter.
(2)
Nothing in this Chapter applies to anything done in connection with the
content of the curriculum.
(3)
“Pupil”—
(a)
in relation to England and Wales, has the meaning given in section 3(1)
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of the Education Act 1996;
(b)
in relation to Scotland, has the meaning given in section 135(1) of the
Education (Scotland) Act 1980.
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Equality Bill
Part 6 — Education
Chapter 1 — Schools

292. Background
292. This clause is designed to replicate the effect of an exception relating to
discrimination because of religion or belief in the Equality Act 2006, and extends it to other
protected characteristics.
Examples
5
• A school curriculum includes teaching of evolution in science lessons. This would
not be religious discrimination against a pupil whose religious beliefs include
creationism.
• A school curriculum includes The Taming of the Shrew on the syllabus. This would
not be discrimination against a girl.
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Chapter 2: Further and higher education
Clause 85: Application of this Chapter
Effect
293. This clause provides that this Chapter of the Bill, which prohibits discrimination,
harassment and victimisation in the field of education in institutions providing further and
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higher education, does not make it unlawful to discriminate against, harass or victimise people
in those circumstances because of marriage or civil partnership status.
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Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education

(4)
“Proprietor”—
(a)
in relation to a school in England and Wales, has the meaning given in
section 579(1) of the Education Act 1996;
(b)
in relation to a school in Scotland, has the meaning given in section
135(1) of the Education (Scotland) Act 1980.
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(5)
“School”—
(a)
in relation to England and Wales, has the meaning given in section 4 of
the Education Act 1996;
(b)
in relation to Scotland, has the meaning given in section 135(1) of the
Education (Scotland) Act 1980.
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(6)
A reference to a school includes a reference to an independent educational
institution in England; and a reference to an independent educational
institution in England is to be construed in accordance with Chapter 1 of Part
4 of the Education and Skills Act 2008.
(7)
A reference to an independent educational institution is a reference to—
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(a)
an independent educational institution in England, or
(b)
an independent school in Wales.
(8)
“Independent school”—
(a)
in relation to Wales, has the meaning given in section 463 of the
Education Act 1996;
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(b)
in relation to Scotland, has the meaning given in section 135(1) of the
Education (Scotland) Act 1980.
(9)
“Special school” has the meaning given in section 337 of the Education Act
1996.
(10)
“Local authority” means—
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(a)
in relation to England, an English local authority within the meaning of
section 162 of the Education and Inspections Act 2006;
(b)
in relation to Wales, a Welsh local authority within the meaning of that
section.
(11)
“Education authority”, in relation to Scotland, has the meaning given in section
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135(1) of the Education (Scotland) Act 1980.
(12)
Schedule 11 (exceptions) has effect.
Chapter 2
Further and higher education
85
Application of this Chapter
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This Chapter does not apply to the protected characteristic of marriage and
civil partnership.
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Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education

Background
294. This clause is designed to replicate the effect of provisions in the Sex Discrimination
Act 1975.
Clause 86: Students: admission and treatment, etc.
Effect
5
295. This clause makes it unlawful for universities, colleges and other institutions in the
higher and further education sectors to discriminate against, harass or victimise a student or
someone who wants to become a student in relation to the arrangements it makes in deciding
who to admit, the terms on which a person is admitted and the way a person is treated when
admitted.
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296. It also imposes on the responsible body of such an institution the duty to make
reasonable adjustments for disabled students and prospective students.
Background
297. This replicates the position in current legislation.
Examples
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• A college refuses admission to a man who applies to be a student, because he is gay.
This would be direct discrimination.
• A university refuses to provide residential accommodation to Jewish or Muslim
students. This would be direct discrimination.
• A college puts an age limit on access to a particular course. This would be direct
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discrimination, unless the college could show that the age limit was objectively
justified.
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Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education

86
Students: admission and treatment, etc.
(1)
The responsible body of an institution to which this section applies must not
discriminate against a person—
(a)
in the arrangements it makes for deciding who is offered admission as
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a student;
(b)
as to the terms on which it offers to admit the person as a student;
(c)
by not admitting the person as a student.
(2)
The responsible body of such an institution must not discriminate against a
student—
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(a)
in the way it provides education for the student;
(b)
in the way it affords the student access to a benefit, facility or service;
(c)
by not providing education for the student;
(d)
by not affording the student access to a benefit, facility or service;
(e)
by excluding the student;
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(f)
by subjecting the student to any other detriment.
(3)
The responsible body of such an institution must not harass—
(a)
a student;
(b)
a person who has applied for admission as a student.
(4)
The responsible body of such an institution must not victimise a person—
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(a)
in the arrangements it makes for deciding who is offered admission as
a student;
(b)
as to the terms on which it offers to admit the person as a student;
(c)
by not admitting the person as a student.
(5)
The responsible body of such an institution must not victimise a student—
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(a)
in the way it provides education for the student;
(b)
in the way it affords the student access to a benefit, facility or service;
(c)
by not providing education for the student;
(d)
by not affording the student access to a benefit, facility or service;
(e)
by excluding the student;
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(f)
by subjecting the student to any other detriment.
(6)
A duty to make reasonable adjustments applies to the responsible body of such
an institution.
(7)
In relation to England and Wales, this section applies to—
(a)
a university;
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(b)
any other institution within the higher education sector;
(c)
an institution within the further education sector.
(8)
In relation to Scotland, this section applies to—
(a)
a university;
(b)
a designated institution;
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(c)
a college of further education.
(9)
A responsible body is—
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Equality Bill
Part 6 — Education
Chapter 2 — Further and higher education

Clause 87: Further and higher education courses
Effect
298. This clause makes it unlawful for local authorities securing further and higher
education, and maintained schools providing further education, to discriminate against,
victimise or harass a person in relation to deciding who to enrol, or in the way it provides any
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services when the person has been enrolled. It also imposes on them the duty to make
reasonable adjustments when offering such facilities and services to disabled people.
Background
299. This clause is designed to replicate the effect of provisions in the Disability
Discrimination Act 1995, and to extend protection to all the protected characteristics covered
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by this Chapter.
Example
• A school puts on a 10-week evening educational course for local adults but prevents
applicants from enrolling who are disabled or gay. This would be direct discrimination.
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