|
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| |
| |
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825. These exceptions, and the amending powers in paragraph 7, are designed to replicate |
| |
the effect of provisions in Part 2 of the Equality Act 2006. |
| |
Schools with religious character: paragraph 5 |
| |
| |
826. This paragraph allows schools which have a religious character or ethos (often |
| |
referred to as faith schools) to discriminate on grounds of religion or belief in relation to |
| |
admissions and in access to any benefit, facility or service. It means that faith school may have |
| |
admissions criteria which give preference to members of its own religion and it allows them to |
| |
conduct themselves in a way which is compatible with their religious character or ethos. It |
| |
does not allow faith schools to discriminate on any other of the prohibited grounds, such as |
| |
sex, race or sexual orientation. Nor does it allow them to discriminate on religious grounds in |
| |
other respects, such as by excluding a pupil or subjecting him to any other detriment. |
| |
| |
• A Muslim school may give priority to Muslim pupils when choosing between |
| |
applicants for admission (although the Admissions Code will not allow it to refuse to |
| |
accept pupils of another or no religion unless it is oversubscribed). However, it may |
| |
not discriminate between pupils on other prohibited grounds, such as by refusing to |
| |
admit a child of the school’s own faith because she is black or a lesbian. |
| |
• A Jewish school which provides spiritual instruction or pastoral care from a rabbi is |
| |
not discriminating unlawfully by not making equivalent provision for pupils from |
| |
| |
• A Roman Catholic school which organises visits for pupils to sites of particular |
| |
interest to its own faith, such as a cathedral, is not discriminating unlawfully by not |
| |
arranging trips to sites of significance to the faiths of other pupils. |
| |
• A faith school would be acting unlawfully if it sought to penalise or exclude a pupil |
| |
because he or she had renounced the faith of the school or joined a different religion or |
| |
| |
Curriculum, worship etc.: paragraph 6 |
| |
| |
827. This paragraph disapplies the prohibition on religious discrimination from anything |
| |
done in relation to acts of worship or other religious observance organised by or on behalf of a |
| |
school, whether or not it is part of the curriculum. |
| |
| |
828. This exception applies to any school, not just faith schools, and reflects the need to |
| |
avoid any conflict with the existing legislative framework in respect of religious worship, |
| |
which generally requires collective worship to be of a broadly Christian nature. While parents |
| |
can remove their children from collective worship, and Sixth Form pupils may decide to |
| |
withdraw themselves, schools are under no obligation to provide opportunities for separate |
| |
worship for the different religions and beliefs represented among their pupils. The exception in |
| |
paragraph 6 maintains that position. It is designed to replicate the position in the Equality Act |
| |
| |
| |
|
| |
| |
| |
(5) | Where proposals are made to the Welsh Ministers under section 113A of the |
| |
Learning and Skills Act 2000 for an alteration in the admissions |
| |
arrangements of a single-sex school or a school to which paragraph 2 |
| |
| |
(a) | the making of the proposals is to be treated as an application to the |
| |
Welsh Ministers for the making of a transitional exemption order, |
| |
| |
(b) | the Welsh Ministers may make the order. |
| |
(6) | In the case of a school in England or Wales not coming within sub-paragraph |
| |
(1), (2), (4) or (5) or an independent school in Scotland— |
| |
(a) | the responsible body may submit to the Commission an application |
| |
for the making of a transitional exemption order, and |
| |
(b) | the Commission may make the order. |
| |
(7) | An application under sub-paragraph (6) must specify— |
| |
(a) | the period proposed by the responsible body as the transitional |
| |
period to be specified in the order, |
| |
(b) | the stages within that period by which the body proposes to move to |
| |
the position where section 80(1)(a) and (c), so far as relating to sex, is |
| |
| |
(c) | any other matters relevant to the terms and operation of the order |
| |
| |
(8) | The Commission must not make an order on an application under sub- |
| |
paragraph (6) unless satisfied that the terms of the application are |
| |
reasonable, having regard to— |
| |
(a) | the nature of the school’s premises, |
| |
(b) | the accommodation, equipment and facilities available, and |
| |
(c) | the responsible body’s financial resources. |
| |
| |
Religious or belief-related discrimination |
| |
School with religious character etc. |
| |
5 | Section 80(1) and (2)(a) to (d), so far as relating to religion or belief, does not |
| |
| |
(a) | a school designated under section 69(3) of the School Standards and |
| |
Framework Act 1998 (foundation or voluntary school with religious |
| |
| |
(b) | a school listed in the register of independent schools for England or |
| |
for Wales, if the school’s entry in the register records that the school |
| |
| |
(c) | a school transferred to an education authority under section 16 of the |
| |
Education (Scotland) Act 1980 (transfer of certain schools to |
| |
education authorities) which is conducted in the interest of a church |
| |
| |
(d) | a school provided by an education authority under section 17(2) of |
| |
that Act (denominational schools); |
| |
(e) | a grant-aided school (within the meaning of that Act) which is |
| |
conducted in the interest of a church or denominational body; |
| |
| |
|
| |
| |
| |
| |
• Under education law, a school must allow Jewish or Hindu parents to withdraw their |
| |
children from daily assemblies which include an element of worship of a mainly |
| |
Christian character, but they will not be discriminating unlawfully against those |
| |
children by not providing alternative assemblies including Jewish or Hindu worship. |
| |
• Schools are free to organise or to participate in ceremonies celebrating any faith, such |
| |
as Christmas, Diwali, Chanukah or Eid, without being subject to claims of religious |
| |
discrimination against children of other religions or of none. |
| |
Power to amend: paragraph 7 |
| |
| |
829. Paragraph 7 provides a power for a Minister of the Crown to amend or repeal these |
| |
religious discrimination exceptions. |
| |
| |
830. This power is designed to replicate the effect of provisions in Part 2 of the Equality |
| |
Act 2006, which first prohibited religious discrimination to schools. It has not yet been used. |
| |
Its purpose is to enable a Minister of the Crown to review the working of these provisions once |
| |
they have been in effect for a sufficient period and make any changes which appear to be |
| |
necessary in the light of that experience, using secondary legislation. |
| |
Permitted forms of selection: paragraph 8 |
| |
| |
831. This paragraph provides that schools will not be discriminating against disabled |
| |
children when applying a permitted form of selection that they are using. |
| |
| |
832. This provision is designed to replicate the effect of provisions in the Disability |
| |
Discrimination Act 1995. Permitted forms of selection are the selective admission |
| |
arrangements operated by grammar schools, and selection by ability and aptitude in |
| |
accordance with the School Standards and Framework Act 1998 |
| |
| |
• The parents of a disabled pupil cannot claim disability discrimination against a |
| |
particular school if that pupil fails to meet any educational entry requirements set by |
| |
| |
| |
|
| |
| |
| |
(f) | a school registered in the register of independent schools for |
| |
Scotland if the school admits only pupils who belong, or whose |
| |
parents belong, to one or more particular denominations; |
| |
(g) | a school registered in that register if the school is conducted in the |
| |
interest of a church or denominational body. |
| |
Curriculum, worship, etc. |
| |
6 | Section 80(2)(a) to (d), so far as relating to religion or belief, does not apply |
| |
in relation to anything done in connection with acts of worship or other |
| |
religious observance organised by or on behalf of a school (whether or not |
| |
forming part of the curriculum). |
| |
| |
7 (1) | A Minister of the Crown may by order amend this Part of this Schedule— |
| |
(a) | so as to add, vary or omit an exception to section 80; |
| |
(b) | so as to make provision about the construction or application of |
| |
section 18(2)(d) in relation to section 80. |
| |
(2) | The power under sub-paragraph (1) is exercisable only in relation to |
| |
religious or belief-related discrimination. |
| |
(3) | An order under sub-paragraph (1) may not be made unless the Minister has |
| |
| |
| |
(b) | the Scottish Ministers, and |
| |
(c) | such other persons as the Minister thinks appropriate. |
| |
| |
Disability discrimination |
| |
Permitted form of selection |
| |
8 (1) | A person does not contravene section 80(1), so far as relating to disability, |
| |
only by applying a permitted form of selection. |
| |
(2) | In relation to England and Wales, a permitted form of selection is— |
| |
(a) | in the case of a maintained school which is not designated as a |
| |
grammar school under section 104 of the School Standards and |
| |
Framework Act 1998, a form of selection mentioned in section 99(2) |
| |
| |
(b) | in the case of a maintained school which is so designated, its selective |
| |
admission arrangements (within the meaning of section 104 of that |
| |
| |
(c) | in the case of an independent educational institution, arrangements |
| |
which provide for some or all of its pupils to be selected by reference |
| |
to general or special ability or aptitude, with a view to admitting |
| |
only pupils of high ability or aptitude. |
| |
(3) | In relation to Scotland, a permitted form of selection is— |
| |
(a) | in the case of a school managed by an education authority, |
| |
arrangements approved by the Scottish Ministers for the selection of |
| |
| |
| |
|
| |
| |
| |
Schedule 12: further and higher education exceptions |
| |
Part 1: Single-sex institutions |
| |
| |
833. Part 1 of this Schedule makes exceptions from the prohibition on sex discrimination |
| |
by further and higher education institutions to allow for the existence of single-sex colleges |
| |
and to make transitional provisions for single-sex institutions which are turning co- |
| |
| |
| |
834. These provisions are designed to replicate the effect of provisions in the Sex |
| |
| |
Admission to single-sex institutions: paragraph 1 |
| |
| |
835. This paragraph allows a single-sex institution to refuse to admit members of the |
| |
opposite sex. An institution is defined as single-sex if it admits students of one sex only. An |
| |
institution which exceptionally admits students of the opposite sex, or which admits a |
| |
comparatively small number of opposite-sex students to particular courses or classes only, is |
| |
still regarded as single-sex. Limiting those students to particular courses or classes is |
| |
permitted. However, other forms of sex discrimination by the institution against its opposite- |
| |
sex students would still be unlawful. |
| |
| |
• A women’s college which admits only female students is not discriminating |
| |
| |
• If the college admits a small number of men to make up the numbers on a particular |
| |
course of study, it is still regarded as a single-sex college. It is not discriminating |
| |
unlawfully by refusing to admit men to other courses. |
| |
• A women’s college which admits men to certain courses but refuses to let them use the |
| |
student cafeteria would be discriminating unlawfully against them. |
| |
| |
|
| |
| |
| |
(b) | in the case of an independent school, arrangements which provide |
| |
for some or all of its pupils to be selected by reference to general or |
| |
special ability or aptitude, with a view to admitting only pupils of |
| |
high ability or aptitude. |
| |
(4) | “Maintained school” has the meaning given in section 22 of the School |
| |
Standards and Framework Act 1998. |
| |
| |
| |
Further and higher education exceptions |
| |
| |
Single-sex institutions, etc. |
| |
Admission to single-sex institutions |
| |
1 (1) | Section 86(1), so far as relating to sex, does not apply in relation to a single- |
| |
| |
(2) | A single-sex institution is an institution to which section 86 applies, which— |
| |
(a) | admits students of one sex only, or |
| |
(b) | on the basis of the assumption in sub-paragraph (3), would be taken |
| |
to admit students of one sex only. |
| |
(3) | That assumption is that students of the opposite sex are to be disregarded |
| |
| |
(a) | their admission to the institution is exceptional, or |
| |
(b) | their numbers are comparatively small and their admission is |
| |
confined to particular courses or classes. |
| |
(4) | In the case of an institution which is a single-sex institution by virtue of sub- |
| |
paragraph (3)(b), section 86(2)(a) to (d), so far as relating to sex, does not |
| |
prohibit confining students of the same sex to particular courses or classes. |
| |
Single sex institutions turning co-educational |
| |
2 (1) | If the responsible body of a single-sex institution decides to alter its |
| |
admissions arrangements so that the institution will cease to be a single-sex |
| |
institution, the body may apply for a transitional exemption order in relation |
| |
| |
(2) | A transitional exemption order relating to an institution is an order which, |
| |
during the period specified in the order as the transitional period, |
| |
| |
(a) | sex discrimination by the responsible body of the institution 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 student because of the person’s sex. |
| |
(3) | Paragraph 3 applies in relation to the making of a transitional exemption |
| |
| |
| |
|
| |
| |
| |
Single-sex institutions turning co-educational: paragraphs 2 and 3 |
| |
| |
836. These paragraphs enable a college 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 restricting admittance to a single sex until the transition from single-sex is |
| |
| |
837. Paragraph 3 sets out the procedures for applying for a transitional exemption order. |
| |
| |
838. These provisions are designed to replicate the effect of provisions in the Sex |
| |
| |
| |
• If a transitional exemption order is made in accordance with the arrangements in |
| |
| |
– A women’s college which decides to become co-educational by starting to admit a |
| |
certain number of male undergraduates to the first year of its degree courses will |
| |
not be discriminating unlawfully by limiting the number of men it admits, or by |
| |
refusing men access to postgraduate degree courses. |
| |
– A college in the process of becoming co-educational must treat its male and |
| |
female students equally once they have been admitted, since the transitional |
| |
exemption order relates only to discrimination in relation to admissions. |
| |
| |
Occupational requirements: paragraph 4 |
| |
| |
839. This paragraph enables a higher or further education institution to treat a person |
| |
differently based on a protected characteristic in relation to providing training which would |
| |
only fit them for work which, under exceptions in Schedule [9], can lawfully be restricted to |
| |
people of a particular race, sex, religion, sexual orientation or age and for which they would |
| |
| |
| |
840. This is designed to replicate the effect of provisions in the current legislation. |
| |
| |
• A Catholic theological college can refuse to admit a woman to a training course which |
| |
was designed only to prepare candidates for the Catholic priesthood. However, a |
| |
Church of England college could not confine training for the priesthood to men since |
| |
women may also become Anglican priests. |
| |
| |
|
