Section 85

The responsible body of a school to which this section applies must not discriminate against a person— in the arrangements it makes for deciding who is offered admission as a pupil; as to the terms on which it offers to admit the person as a pupil; by not admitting the person as a pupil. The responsible body of such a school must not discriminate against a pupil— in the way it provides education for the pupil; in the way it affords the pupil access to a benefit, facility or service; by not providing education for the pupil; by not affording the pupil access to a benefit, facility or service; by excluding the pupil from the school; by subjecting the pupil to any other detriment. The responsible body of such a school must not harass— a pupil; a person who has applied for admission as a pupil. The responsible body of such a school must not victimise a person— in the arrangements it makes for deciding who is offered admission as a pupil; as to the terms on which it offers to admit the person as a pupil; by not admitting the person as a pupil. The responsible body of such a school must not victimise a pupil— in the way it provides education for the pupil; in the way it affords the pupil access to a benefit, facility or service; by not providing education for the pupil; by not affording the pupil access to a benefit, facility or service; by excluding the pupil from the school; by subjecting the pupil to any other detriment. A duty to make reasonable adjustments applies to the responsible body of such a school. In relation to England and Wales, this section applies to— a school maintained by a local authority; an independent educational institution (other than a special school); an alternative provision Academy that is not an independent educational institution; a special school (not maintained by a local authority). In relation to Scotland, this section applies to— a school managed by an education authority; an independent school; 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. The responsible body of a school to which this section applies is— if the school is within subsection (7)(a), the local authority or governing body; if it is within subsection (7)(b) , (ba) or (c), the proprietor; if it is within subsection (8)(a), the education authority; if it is within subsection (8)(b), the proprietor; if it is within subsection (8)(c), the managers. In the application of section 26 for the purposes of subsection (3), none of the following is a relevant protected characteristic— gender reassignment; religion or belief; sexual orientation.

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Source: legislation.gov.uk · retrieved 2026-09-04