|
| |
|
85 | Pupils: admission and treatment, etc. |
| |
(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 |
| |
| 5 |
(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; |
| 10 |
(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— |
| 15 |
| |
(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 |
| |
| 20 |
(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; |
| 25 |
(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 |
| 30 |
| |
(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); |
| |
(c) | a special school (not maintained by a local authority). |
| 35 |
(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) |
| 40 |
| |
(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 |
| |
| |
|
| |
|
| |
|
(b) | if it is within subsection (7)(b) 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 |
| 5 |
following is a relevant protected characteristic— |
| |
| |
| |
| |
86 | Victimisation of pupils, etc. for conduct of parents, etc. |
| 10 |
(1) | This section applies for the purposes of section 27 in its application to section |
| |
| |
(2) | The references to B in paragraphs (a) and (b) of subsection (1) of section 27 |
| |
include a reference to a parent or sibling of the child in question. |
| |
(3) | Giving false evidence or information, or making a false allegation, in good faith |
| 15 |
is not a protected act in a case where— |
| |
(a) | the evidence or information is given, or the allegation is made, by a |
| |
parent or sibling of the child, and |
| |
(b) | the child has acted in bad faith. |
| |
(4) | Giving false evidence or information, or making a false allegation, in bad faith, |
| 20 |
is a protected act in a case where— |
| |
(a) | the evidence or information is given, or the allegation is made, by a |
| |
parent or sibling of the child, and |
| |
(b) | the child has acted in good faith. |
| |
| 25 |
“child” means a person who has not attained the age of 18; |
| |
“sibling” means a brother or sister, a half-brother or half-sister, or a |
| |
stepbrother or stepsister. |
| |
87 | Application of certain powers under Education Act 1996 |
| |
(1) | Sections 496 and 497 of the Education Act 1996 (powers to give directions |
| 30 |
where responsible body of school in default of obligations, etc.) apply to the |
| |
performance of a duty under section 85. |
| |
(2) | But neither of sections 496 and 497 of that Act applies to the performance of a |
| |
duty under that section by the proprietor of an independent educational |
| |
institution (other than a special school). |
| 35 |
88 | Disabled pupils: accessibility |
| |
Schedule 10 (accessibility) has effect. |
| |
89 | Interpretation and exceptions |
| |
(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. |
| |
| |
(a) | in relation to England and Wales, has the meaning given in section 3(1) |
| |
of the Education Act 1996; |
| 5 |
(b) | in relation to Scotland, has the meaning given in section 135(1) of the |
| |
Education (Scotland) Act 1980. |
| |
| |
(a) | in relation to a school in England and Wales, has the meaning given in |
| |
section 579(1) of the Education Act 1996; |
| 10 |
(b) | in relation to a school in Scotland, has the meaning given in section |
| |
135(1) of the Education (Scotland) Act 1980. |
| |
| |
(a) | in relation to England and Wales, has the meaning given in section 4 of |
| |
| 15 |
(b) | in relation to Scotland, has the meaning given in section 135(1) of the |
| |
Education (Scotland) Act 1980. |
| |
(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 |
| 20 |
4 of the Education and Skills Act 2008. |
| |
(7) | A reference to an independent educational institution is a reference to— |
| |
(a) | an independent educational institution in England, or |
| |
(b) | an independent school in Wales. |
| |
(8) | “Independent school”— |
| 25 |
(a) | in relation to Wales, has the meaning given in section 463 of the |
| |
| |
(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 |
| 30 |
| |
(10) | “Local authority” means— |
| |
(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 |
| 35 |
| |
(11) | “Education authority”, in relation to Scotland, has the meaning given in section |
| |
135(1) of the Education (Scotland) Act 1980. |
| |
(12) | Schedule 11 (exceptions) has effect. |
| |
|
| |
|
| |
|
| |
Further and higher education |
| |
90 | Application of this Chapter |
| |
This Chapter does not apply to the protected characteristic of marriage and |
| |
| 5 |
91 | 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 |
| |
| 10 |
(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 |
| |
| |
(a) | in the way it provides education for the student; |
| 15 |
(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; |
| |
(f) | by subjecting the student to any other detriment. |
| 20 |
(3) | The responsible body of such an institution must not discriminate against a |
| |
| |
(a) | in the arrangements it makes for deciding upon whom to confer a |
| |
| |
(b) | as to the terms on which it is prepared to confer a qualification on the |
| 25 |
| |
(c) | by not conferring a qualification on the person; |
| |
(d) | by withdrawing a qualification from the person or varying the terms on |
| |
which the person holds it. |
| |
(4) | Subsection (3) applies only to disability discrimination. |
| 30 |
(5) | The responsible body of such an institution must not harass— |
| |
| |
(b) | a person who has applied for admission as a student; |
| |
(c) | a disabled person who holds or has applied for a qualification |
| |
conferred by the institution. |
| 35 |
(6) | The responsible body of such an institution must not victimise a person— |
| |
(a) | in the arrangements it makes for deciding who is offered admission as |
| |
| |
(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. |
| 40 |
(7) | The responsible body of such an institution must not victimise a student— |
| |
(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; |
| |
(f) | by subjecting the student to any other detriment. |
| 5 |
(8) | The responsible body of such an institution must not victimise a disabled |
| |
| |
(a) | in the arrangements it makes for deciding upon whom to confer a |
| |
| |
(b) | as to the terms on which it is prepared to confer a qualification on the |
| 10 |
| |
(c) | by not conferring a qualification on the person; |
| |
(d) | by withdrawing a qualification from the person or varying the terms on |
| |
which the person holds it. |
| |
(9) | A duty to make reasonable adjustments applies to the responsible body of such |
| 15 |
| |
(10) | In relation to England and Wales, this section applies to— |
| |
| |
(b) | any other institution within the higher education sector; |
| |
(c) | an institution within the further education sector. |
| 20 |
(11) | In relation to Scotland, this section applies to— |
| |
| |
(b) | a designated institution; |
| |
(c) | a college of further education. |
| |
(12) | A responsible body is— |
| 25 |
(a) | in the case of an institution within subsection (10)(a), (b) or (c), the |
| |
| |
(b) | in the case of an institution within subsection (11)(a) or (b), the |
| |
| |
(c) | in the case of a college of further education under the management of a |
| 30 |
board of management, the board of management; |
| |
(d) | in the case of any other college of further education, any board of |
| |
governors of the college or any person responsible for the management |
| |
of the college, whether or not formally constituted as a governing body |
| |
| 35 |
92 | Further and higher education courses |
| |
(1) | The responsible body in relation to a course to which this section applies must |
| |
not discriminate against a person— |
| |
(a) | in the arrangements it makes for deciding who is enrolled on the |
| |
| 40 |
(b) | as to the terms on which it offers to enrol the person on the course; |
| |
(c) | by not accepting the person’s application for enrolment. |
| |
(2) | The responsible body in relation to such a course must not discriminate against |
| |
a person who is enrolled on the course in the services it provides or offers to |
| |
| 45 |
|
| |
|
| |
|
(3) | The responsible body in relation to such a course must not harass a person |
| |
| |
(a) | seeks enrolment on the course; |
| |
(b) | is enrolled on the course; |
| |
(c) | is a user of services provided by the body in relation to the course. |
| 5 |
(4) | The responsible body in relation to such a course must not victimise a person— |
| |
(a) | in the arrangements it makes for deciding who is enrolled on the |
| |
| |
(b) | as to the terms on which it offers to enrol the person on the course; |
| |
(c) | by not accepting the person’s application for enrolment. |
| 10 |
(5) | The responsible body in relation to such a course must not victimise a person |
| |
who is enrolled on the course in the services it provides or offers to provide. |
| |
(6) | A duty to make reasonable adjustments applies to the responsible body. |
| |
(7) | This section applies to— |
| |
(a) | a course of further or higher education secured by a responsible body |
| 15 |
| |
(b) | a course of education provided by the governing body of a maintained |
| |
school under section 80 of the School Standards and Framework Act |
| |
| |
(c) | a course of further education secured by an education authority in |
| 20 |
| |
(8) | A responsible body is— |
| |
(a) | a local authority in England or Wales, for the purposes of subsection |
| |
| |
(b) | the governing body of a maintained school, for the purposes of |
| 25 |
| |
(c) | an education authority in Scotland, for the purposes of subsection |
| |
| |
| |
“course”, in relation to further education, includes each component part |
| 30 |
of a course if there is no requirement imposed on persons registered for |
| |
a component part of the course to register for another component part |
| |
| |
“enrolment” includes registration for a component part of a course; |
| |
“maintained school” has the meaning given in section 20(7) of the School |
| 35 |
Standards and Framework Act 1998; |
| |
“services” means services of any description which are provided wholly |
| |
or mainly for persons enrolled on a course to which this section applies. |
| |
93 | Recreational or training facilities |
| |
(1) | The responsible body in relation to facilities to which this section applies must |
| 40 |
not discriminate against a person— |
| |
(a) | in the arrangements it makes for deciding who is provided with the |
| |
| |
(b) | as to the terms on which it offers to provide the facilities to the person; |
| |
(c) | by not accepting the person’s application for provision of the facilities. |
| 45 |
|
| |
|
| |
|
(2) | The responsible body in relation to such facilities must not discriminate against |
| |
a person who is provided with the facilities in the services it provides or offers |
| |
| |
(3) | The responsible body in relation to such facilities must not harass a person |
| |
| 5 |
(a) | seeks to have the facilities provided; |
| |
(b) | is provided with the facilities; |
| |
(c) | is a user of services provided by the body in relation to the facilities. |
| |
(4) | The responsible body in relation to such facilities must not victimise a person— |
| |
(a) | in the arrangements it makes for deciding who is provided with the |
| 10 |
| |
(b) | as to the terms on which it offers to provide the facilities to the person; |
| |
(c) | by not accepting the person’s application for provision of the facilities. |
| |
(5) | The responsible body in relation to such facilities must not victimise a person |
| |
who is provided with the facilities in the services it provides or offers to |
| 15 |
| |
(6) | A duty to make reasonable adjustments applies to the responsible body. |
| |
(7) | This section applies to— |
| |
(a) | facilities secured by a local authority in England under section 507A or |
| |
507B of the Education Act 1996; |
| 20 |
(b) | facilities secured by a local authority in Wales under section 508 of that |
| |
| |
(c) | recreational or training facilities provided by an education authority in |
| |
| |
(8) | A responsible body is— |
| 25 |
(a) | a local authority in England, for the purposes of subsection (7)(a); |
| |
(b) | a local authority in Wales, for the purposes of subsection (7)(b); |
| |
(c) | an education authority in Scotland, for the purposes of subsection |
| |
| |
(9) | This section does not apply to the protected characteristic of age, so far as |
| 30 |
relating to persons who have not attained the age of 18. |
| |
94 | Interpretation and exceptions |
| |
(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. |
| 35 |
(3) | A reference to a student, in relation to an institution, is a reference to a person |
| |
for whom education is provided by the institution. |
| |
(4) | A reference to a university includes a reference to a university college and a |
| |
college, school or hall of a university. |
| |
(5) | A reference to an institution within the further or higher education sector is to |
| 40 |
be construed in accordance with section 91 of the Further and Higher |
| |
| |
| |
|
| |
|