|
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| |
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advantage of education and benefits, facilities or services provided |
| |
or offered by the school; |
| |
(c) | improving the delivery to disabled pupils of information which is |
| |
readily accessible to pupils who are not disabled. |
| |
(3) | The delivery in sub-paragraph (2)(c) must be— |
| |
(a) | within a reasonable time; |
| |
(b) | in ways which are determined after taking account of the pupils’ |
| |
disabilities and any preferences expressed by them or their parents. |
| |
(4) | An accessibility plan must be in writing. |
| |
(5) | The responsible body must keep its accessibility plan under review during |
| |
the period to which it relates and, if necessary, revise it. |
| |
(6) | The responsible body must implement its accessibility plan. |
| |
(7) | A relevant inspection may extend to the performance by the responsible |
| |
body of its functions in relation to the preparation, publication, review, |
| |
revision and implementation of its accessibility plan. |
| |
(8) | A relevant inspection is an inspection under— |
| |
(a) | Part 1 of the Education Act 2005, or |
| |
(b) | Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation |
| |
and inspection of independent education provision in England). |
| |
4 (1) | In preparing an accessibility plan, the responsible body must have regard to |
| |
the need to allocate adequate resources for implementing the plan. |
| |
(2) | The proprietor of an independent educational institution (other than an |
| |
Academy) must, if asked, make a copy of the school’s accessibility plan |
| |
available for inspection at such reasonable times as the proprietor decides. |
| |
(3) | The proprietor of an independent educational institution in England (other |
| |
than an Academy) must, if asked by a Minister of the Crown, give the |
| |
Minister a copy of the school’s accessibility plan. |
| |
(4) | The proprietor of an independent school in Wales (other than an Academy) |
| |
must, if asked by the Welsh Ministers, give them a copy of the school’s |
| |
| |
| |
5 (1) | This sub-paragraph applies if the appropriate authority is satisfied (whether |
| |
or not on a complaint) that a responsible body— |
| |
(a) | has acted or is proposing to act unreasonably in the discharge of a |
| |
duty under this Schedule, or |
| |
(b) | has failed to discharge such a duty. |
| |
(2) | This sub-paragraph applies if the appropriate authority is satisfied (whether |
| |
or not on a complaint) that a responsible body of a school specified in sub- |
| |
| |
(a) | has acted or is proposing to act unreasonably in the discharge of a |
| |
duty the body has in relation to the provision to the authority of |
| |
copies of the body’s accessibility plan or the inspection of that plan, |
| |
| |
(b) | has failed to discharge the duty. |
| |
| |
|
| |
| |
| |
| |
(a) | schools approved under section 342 of the Education Act 1996 (non- |
| |
maintained special schools); |
| |
| |
(4) | This sub-paragraph applies if a Tribunal has made an order under |
| |
paragraph 5 of Schedule 17 and the appropriate authority is satisfied |
| |
(whether or not on a complaint) that the responsible body concerned— |
| |
(a) | has acted or is proposing to act unreasonably in complying with the |
| |
| |
(b) | has failed to comply with the order. |
| |
(5) | If sub-paragraph (1), (2) or (4) applies, the appropriate authority may give a |
| |
responsible body such directions as the authority thinks expedient as to— |
| |
(a) | the discharge by the body of the duty, or |
| |
(b) | compliance by the body with the order. |
| |
(6) | A direction may be given in relation to sub-paragraph (1) or (2) even if the |
| |
performance of the duty is contingent on the opinion of the responsible |
| |
| |
| |
(a) | may be varied or revoked by the appropriate authority; |
| |
(b) | may be enforced, on the application of the appropriate authority, by |
| |
a mandatory order obtained in accordance with section 31 of the |
| |
| |
(8) | The appropriate authority is— |
| |
(a) | in relation to the responsible body of a school in England, the |
| |
| |
(b) | in relation to the responsible body of a school in Wales, the Welsh |
| |
| |
| |
6 (1) | This paragraph applies for the purposes of this Schedule. |
| |
(2) | Regulations may prescribe services which are, or are not, to be regarded as |
| |
| |
| |
(b) | a benefit, facility or service. |
| |
(3) | The power to make regulations is exercisable by— |
| |
(a) | in relation to England, a Minister of the Crown; |
| |
(b) | in relation to Wales, the Welsh Ministers. |
| |
(4) | “Disabled pupil” includes a disabled person who may be admitted to the |
| |
| |
(5) | “Responsible body” means— |
| |
(a) | in relation to a maintained school or a maintained nursery school, the |
| |
local authority or governing body; |
| |
(b) | in relation to a pupil referral unit, the local authority; |
| |
(c) | in relation to an independent educational institution, the proprietor; |
| |
| |
|
| |
| |
| |
Schedule 11: Schools exceptions |
| |
Part 1: Sex discrimination |
| |
818. Part 1 of this Schedule makes exceptions from the prohibition on sex discrimination |
| |
by schools in clause 80 to allow for the existence of single-sex schools and for single-sex |
| |
boarding at schools, and to make transitional provisions for single-sex schools which are |
| |
| |
| |
819. These provisions are designed to replicate the effect of provisions in the Sex |
| |
| |
Admission to single sex schools: paragraph 1 |
| |
| |
820. This paragraph allows a single-sex school to refuse to admit pupils of the opposite |
| |
sex. A school is defined as single-sex if it admits pupils of one sex only. This is so even if it |
| |
admits a small number of pupils of the opposite sex on an exceptional basis or in relation to |
| |
particular courses or classes only. Limiting those pupils to particular courses or classes is not |
| |
discrimination. However, other forms of sex discrimination by the school against its opposite- |
| |
sex pupils would still be unlawful. |
| |
| |
• A school which admits only boys is not discriminating unlawfully against girls. |
| |
• If the daughters of certain members of staff at a boys’ school are allowed to attend, it |
| |
is still regarded as a single-sex school. |
| |
• A boys’ school which admits some girls to the Sixth Form, or which lets girls attend |
| |
for a particular GCSE course not offered at their own school is still regarded as a |
| |
| |
• A boys’ school which admits girls to A-level science classes is not discriminating |
| |
unlawfully if it refuses to admit them to A-level media studies or maths classes. |
| |
| |
|
| |
| |
| |
(d) | in relation to a special school not maintained by a local authority, the |
| |
| |
(6) | “Governing body”, in relation to a maintained school, means the body |
| |
corporate (constituted in accordance with regulations under section 19 of the |
| |
Education Act 2002) which the school has as a result of that section. |
| |
(7) | “Maintained school” has the meaning given in section 20 of the School |
| |
Standards and Framework Act 1998; and “maintained nursery school” has |
| |
the meaning given in section 22 of that Act. |
| |
| |
| |
| |
| |
| |
Admission to single-sex schools |
| |
1 (1) | Section 80(1), so far as relating to sex, does not apply in relation to a single- |
| |
| |
(2) | A single-sex school is a school which— |
| |
(a) | admits pupils of one sex only, or |
| |
(b) | on the basis of the assumption in sub-paragraph (3), would be taken |
| |
to admit pupils of one sex only. |
| |
(3) | That assumption is that pupils of the opposite sex are to be disregarded if— |
| |
(a) | their admission to the school is exceptional, or |
| |
(b) | their numbers are comparatively small and their admission is |
| |
confined to particular courses or classes. |
| |
(4) | In the case of a school which is a single-sex school by virtue of sub- |
| |
paragraph (3)(b), section 80(2)(a) to (d), so far as relating to sex, does not |
| |
prohibit confining pupils of the same sex to particular courses or classes. |
| |
Single-sex boarding at schools |
| |
2 (1) | Section 80(1), so far as relating to sex, does not apply in relation to admission |
| |
as a boarder to a school to which this paragraph applies. |
| |
(2) | Section 80(2)(a) to (d), so far as relating to sex, does not apply in relation to |
| |
boarding facilities at a school to which this paragraph applies. |
| |
(3) | This paragraph applies to a school (other than a single-sex school) which has |
| |
some pupils as boarders and others as non-boarders and which— |
| |
(a) | admits as boarders pupils of one sex only, or |
| |
(b) | on the basis of the assumption in sub-paragraph (4), would be taken |
| |
to admit as boarders pupils of one sex only. |
| |
(4) | That assumption is that pupils of the opposite sex admitted as boarders are |
| |
to be disregarded if their numbers are small compared to the numbers of |
| |
other pupils admitted as boarders. |
| |
| |
|
| |
| |
| |
• A boys’ school which admits girls to the Sixth Form but refuses to let them use the |
| |
same cafeteria or go on the same visits as other Sixth Form pupils would be |
| |
discriminating unlawfully against them. |
| |
Single-sex boarding at schools: paragraph 2 |
| |
| |
821. This paragraph provides that a mixed-sex school some of whose pupils are boarders |
| |
may lawfully admit only pupils of one sex to be boarders. The exception applies even if some |
| |
members of the other sex are admitted as boarders, so long as their numbers are comparatively |
| |
small. It allows a school to refuse to admit a pupil to a boarding place at the time they initially |
| |
join the school, or to provide them with boarding facilities at a later stage. |
| |
| |
• A mixed sex school has facilities for female boarders and can lawfully state in its |
| |
prospectus that males cannot be accepted as boarders. |
| |
Single-sex schools turning co-educational: paragraphs 3 and 4 |
| |
| |
822. Paragraphs 3 and 4 enable a school which is going through the process of changing |
| |
from a single-sex to a co-educational institution to apply for a transitional exemption order to |
| |
enable it to continue to restrict admittance to a single sex until the transition from single-sex is |
| |
| |
823. Paragraph 4 sets out the procedures for applying for a transitional exemption order for |
| |
| |
| |
• If a transitional exemption is order made in accordance with the arrangements in |
| |
| |
– A boys’ school which decides to become co-educational by starting to admit girls |
| |
to Year 7 while keeping upper classes as they are, will not be discriminating |
| |
unlawfully by refusing to admit girls to other years, until co-educational classes |
| |
have been phased in throughout the school. |
| |
– A girls’ school which decides to become co-educational by initially admitting a |
| |
certain number of boys to each year group will not be discriminating unlawfully |
| |
by reserving a number of places in each year group for boys. |
| |
– A school in the process of becoming co-educational must treat its male and female |
| |
pupils equally once they have been admitted, since the transitional exemption |
| |
order only relates to admissions. |
| |
Part 2: Religious or belief-related discrimination |
| |
824. Part 2 of this Schedule makes some exceptions to the prohibition on discrimination on |
| |
grounds of religion or belief in relation to schools with a religious character, and to acts of |
| |
worship or other religious observance in any school. |
| |
| |
|
| |
| |
| |
Single-sex schools turning co-educational |
| |
3 (1) | If the responsible body of a single-sex school decides to alter its admissions |
| |
arrangements so that the school will cease to be a single-sex school, the body |
| |
may apply for a transitional exemption order in relation to the school. |
| |
(2) | If the responsible body of a school to which paragraph 2 applies decides to |
| |
alter its admissions arrangements so that the school will cease to be one to |
| |
which that paragraph applies, the body may apply for a transitional |
| |
exemption order in relation to the school. |
| |
(3) | A transitional exemption order in relation to a school is an order which, |
| |
during the period specified in the order as the transitional period, |
| |
| |
(a) | sex discrimination by the responsible body of the school in the |
| |
arrangements it makes for deciding who is offered admission as a |
| |
| |
(b) | the responsible body, in the circumstances specified in the order, not |
| |
to admit a person as a pupil because of the person’s sex. |
| |
(4) | Paragraph 4 applies in relation to the making of transitional exemption |
| |
| |
(5) | The responsible body of a school does not contravene this Act, so far as |
| |
relating to sex discrimination, if— |
| |
(a) | in accordance with a transitional exemption order, or |
| |
(b) | pending the determination of an application for a transitional |
| |
exemption order in relation to the school, |
| |
| it does not admit a person as a pupil because of the person’s sex. |
| |
4 (1) | In the case of a maintained school within the meaning given by section 32 of |
| |
the Education and Inspections Act 2006, a transitional exemption order may |
| |
be made in accordance with such provision as is made in regulations under |
| |
section 21 of that Act (orders made by local authority or adjudicator in |
| |
relation to schools in England). |
| |
(2) | In the case of a school in Wales maintained by a local authority, a transitional |
| |
exemption order may be made in accordance with paragraph 22 of Schedule |
| |
6, or paragraph 17 of Schedule 7, to the School Standards and Framework |
| |
Act 1998 (orders made by Welsh Ministers). |
| |
(3) | In the case of a school in Scotland managed by an education authority or 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— |
| |
(a) | the responsible body may submit to the Scottish Ministers an |
| |
application for the making of a transitional exemption order, and |
| |
(b) | the Scottish Ministers may make the order. |
| |
(4) | Where, under section 113A of the Learning and Skills Act 2000, the Learning |
| |
and Skills Council for England make proposals to the Secretary of State for |
| |
an alteration in the admissions arrangements of a single-sex school or a |
| |
school to which paragraph 2 applies— |
| |
(a) | the making of the proposals is to be treated as an application to the |
| |
Secretary of State for the making of a transitional exemption order, |
| |
| |
(b) | the Secretary of State may make the order. |
| |
| |
|
