Equality Act 2010, Schedule 13, paragraph 2

The duty for schools

SCHEDULE 13 Education: reasonable adjustments

2 (1) This paragraph applies where A is the responsible body of a school to which section 85 applies.

(2) A must comply with the first and third requirements.

(3) For the purposes of this paragraph—

(a) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A;

(b) the reference in section 20(3) or (5) to a disabled person is—

(i) in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally;

(ii) in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled pupils generally.

(4) In relation to each requirement, the relevant matters are—

(a) deciding who is offered admission as a pupil;

(b) provision of education or access to a benefit, facility or service.

Definitions used in Schedule 13, paragraph 2 3

Responsible body

(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 or an alternative provision Academy that is not an independent educational institution , the proprietor;

(d) in relation to a special school not maintained by a local authority, the proprietor.

Defined in Sch.10 para.6(5) · see it in the full Act
Relevant matter

(2) “Relevant matter” has the meaning given in section 67.

Defined in Sch.7 para.3(2) · see it in the full Act
Disabled pupil

(4) “Disabled pupil” includes a disabled person who may be admitted to the school as a pupil.

Defined in Sch.10 para.6(4) · see it in the full Act

Cases considering Schedule 13, paragraph 2 4

KTS v Governing Body of a Community Primary School

[2024] UKUT 139 (AAC) · 2 May 2024

The court applied Schedule 13 to identify the school’s duty to comply with the first and third requirements and the relevant education matters (see para [27]).

SS v Proprietor of an Independent School (Special Educational Needs)

[2024] UKUT 29 (AAC) · 31 January 2024Defines

Confirms that a school’s responsible body must comply with the first and third reasonable-adjustments requirements and identifies the relevant education matters. (see para [65])

A Multi Academy Trust v RR

[2024] UKUT 9 (AAC) · 29 December 2023Defines

Confirms the modification of section 20(3) in school cases so that the substantial-disadvantage inquiry concerns disabled pupils generally and provision of education or access to a benefit, facility or service.

What each judgment says about Schedule 13, paragraph 2 is in the case-law panel in the full Act.

Explanatory note

889.This Schedule provides for reasonable adjustments to be made by educational bodies in relation to disabled people.

890.Paragraph 2, which relates to admissions, the provision of education and access to benefits, facilities and services, requires schools to comply with requirements to:

  • ensure that any provisions, criteria or practices do not place disabled pupils at a substantial disadvantage in comparison with non-disabled pupils:

  • provide any reasonable auxiliary aids which might help remove any such disadvantage.

891.Paragraph 3 requires higher or further education institutions in relation to admissions, education, access to benefits, facilities and services, and the conferring of qualifications to comply with requirements to take reasonable steps to:

  • ensure that any provisions, criteria or practices do not place disabled students at a substantial disadvantage in comparison with non-disabled students;

  • take reasonable steps to change physical features which place disabled students at a disadvantage;

  • provide any reasonable auxiliary aids which might help remove any substantial disadvantage.

892.Paragraph 4 defines who is an “interested disabled person”, in relation to conferment of qualifications. It also sets out that a provision, criterion or practice does not include an application of a competence standard, which is also defined.

893.Paragraph 5 requires local authorities and maintained schools which are providing higher education or further education to take reasonable steps to ensure that any provisions, criteria or practices do not place disabled people at a substantial disadvantage, and provide any reasonable auxiliary aids to help remove any disadvantage in relation to enrolling people on courses of further or higher education, and to services provided once enrolled. Local authorities providing such services also need to take reasonable steps to change physical features which place disabled students at a disadvantage.

894.Paragraph 6 requires local authorities providing recreational or training facilities to take reasonable steps to ensure that any provisions, criteria or practices do not place disabled people at a substantial disadvantage. They must also take reasonable steps to change physical features which place disabled students at a disadvantage and provide reasonable auxiliary aids to help remove any disadvantage in relation to their arrangements for providing recreational or training facilities.

895.Paragraph 7 requires educational institutions to consider the relevant code of practice produced by the Equality and Human Rights Commission when determining reasonable steps.

896.Paragraph 8 requires that, when making any reasonable adjustment for a particular person, the educational institution needs to consider any request made by that person to keep the nature and existence of that person’s disability confidential.

897.Paragraph 9 sets out that qualifications bodies must take reasonable steps to:

  • ensure that any provision, criterion or practice does not place disabled people at a substantial disadvantage;

  • change physical features which put disabled candidates at a substantial disadvantage;

  • provide auxiliary aids to disabled candidates who are at a substantial disadvantage in the conferring of qualifications.

898.These provisions are designed to mainly replicate the effect of provisions in the Disability Discrimination Act 1995.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I133Sch. 13 para. 2 wholly in force at 1.9.2012; para. 2 not in force at Royal Assent see s. 216; para. 2 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(6)(i)(i); para. 2 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(b)