Equality Act 2010, section 85

Pupils: admission and treatment, etc

Part 6 Education

(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 a pupil;

(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;

(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—

(a)a pupil;

(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 a pupil;

(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;

(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 a school.

(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);

[F85 (ba)an alternative provision Academy that is not an independent educational institution;F85]

(c)a special school (not maintained by a local authority).

(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) Act 1980.

(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 body;

(b)if it is within subsection (7)(b) [F86, (ba)F86] 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 following is a relevant protected characteristic—

(a)gender reassignment;

(b)religion or belief;

(c)sexual orientation.

Definitions used in section 85 11

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
School

(5) “School”—

(a)in relation to England and Wales, has the meaning given in section 4 of the Education Act 1996;

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

Defined in s.89(5) · see it in the full Act
Pupil

(3) “Pupil”—

(a)in relation to England and Wales, has the meaning given in section 3(1) of the Education Act 1996;

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

Defined in s.89(3) · see it in the full Act
detriment

“detriment” does not, subject to subsection (5), include conduct which amounts to harassment;

Defined in s.212(1) · see it in the full Act
Local authority

(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 section.

Defined in s.89(10) · see it in the full Act
independent educational institution

(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 4 of the Education and Skills Act 2008.

Defined in s.89(6) · see it in the full Act
Special school

(9) “Special school” has the meaning given in section 337 of the Education Act 1996 .

Defined in s.89(9) · see it in the full Act
Education authority

(11) “Education authority”, in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980 .

Defined in s.89(11) · see it in the full Act
Independent school

(8) “Independent school”—

(a)in relation to Wales, has the meaning given in section 463 of the Education Act 1996;

(b)in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

Defined in s.89(8) · see it in the full Act
Governing body

(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.

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

(4) “Proprietor”—

(a)in relation to a school in England and Wales, has the meaning given in section 579(1) of the Education Act 1996;

(b)in relation to a school in Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980.

Defined in s.89(4) · see it in the full Act

Cases considering section 85 19

CKT & Anor, R (on the application of ) v Twyford Church of England Academies Trust & Ors

[2026] EWCA Civ 1364 · 22 October 2026Interprets

Construed the prohibition on discrimination in school admissions together with the definitions of discrimination and the Schedule 11 exception. The prohibition continued to cover indirect race discrimination arising from faith-based criteria (see paras [55]–[58]). Held that the admissions prohibition is qualified only in relation to religion or belief by paragraph 5 of Schedule 11. It therefore remained available as the basis of an indirect race discrimination claim (see paras [55]–[57]). Identified the academy trust as the responsible body for the school, read with section 12 of the Academies Act 2010 (see para [21]).

In the matter of M (Children)

[2017] EWCA Civ 2164 · 20 December 2017Interprets

Section 85 prohibits responsible bodies of schools from discriminating in admissions, education, access to facilities, exclusion or other detriment. Ostracism of a pupil because of a parent’s transgender status would probably be unlawful. (see paras [92]–[98]) The responsible body of a school must not discriminate in admissions arrangements, admission terms or a refusal to admit. (see para [93]) The responsible body must not discriminate in providing education, benefits, facilities or services, by exclusion, or by subjecting a pupil to another detriment. (see paras [93]–[94]) Ostracising a pupil because of a parent’s transgender status would at least constitute another detriment and, with section 13, would amount to unlawful direct discrimination. (see paras [94]–[98]) The provision makes section 85 applicable to maintained schools, independent educational institutions, relevant academies and specified special schools. (see para [92])

Chief Inspector of Education, Children's Services And Skills v The Interim Executive Board of Al-Hijrah School (Rev 2)

[2017] EWCA Civ 1426 · 13 October 2017

The court applied the school-specific prohibition to education, access to benefits and facilities, and other detriment. Strict sex segregation in a mixed-sex school could fall within the prohibition where it diminished the quality and effectiveness of education. (see paras [53]-[55]; [80]) The court rejected the School’s submission that no benefit or facility was denied because mixed-sex interaction had never existed. Same-sex interaction existed and its equivalent was denied to pupils of the opposite sex. (see paras [54]-[55]) The court held that the school’s strict segregation policy could constitute unlawful discrimination in the way education and facilities were provided and by subjecting pupils to detriment. (see paras [45]-[55]) The court treated the restriction on social interaction as relevant to the way education was provided, because Ofsted could reasonably find that it diminished pupils’ educational and social development. (see paras [45]-[53]) The denial of opportunities for pupils to interact and socialise with the opposite sex could amount to denial of access to a benefit or facility. (see paras [45]-[46]) The court treated the denial of opposite-sex social interaction as capable of denying a school benefit or facility, notwithstanding that the opportunity had not previously been provided on a mixed basis. (see paras [34], [45]-[55]) The court held that pupils could be subjected to detriment where segregation adversely affected their social development and the quality of their education. (see paras [45]-[53])

What each judgment says about section 85 is in the case-law panel in the full Act.

Explanatory note

292.This section makes it unlawful for the responsible body of a school to discriminate against, harass or victimise a pupil or prospective pupil in relation to the terms on which it offers him or her admission, by not admitting him or her, or in the way it treats the pupil once admitted. The responsible body for a maintained school is the local authority or the governing body, and for an independent educational institution or a non-maintained special school is the proprietor.

293.It also imposes on the responsible body of a school the duty to make reasonable adjustments for disabled pupils and prospective disabled pupils.

294.However, the prohibition on harassment of pupils or prospective pupils does not cover gender reassignment, sexual orientation or religion or belief.

295.This section is primarily designed to replicate the effect of provisions in current legislation applying to schools. In addition, it extends protection from discrimination to transsexual pupils and pupils who become pregnant.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F85S. 85(7)(ba) inserted (E.W.) (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), arts. 1, 2, Sch. para. 25(a)
  2. F86Word in s. 85(9)(b) inserted (E.W.) (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), arts. 1, 2, Sch. para. 25(b)