Equality Act 2010, section 89

Interpretation and exceptions

Part 6 Education

(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.

(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.

(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.

(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.

(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.

(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”—

(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.

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

(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.

(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.

Cases considering section 89 4

Birmingham City Council v Afsar & Ors (Rev 2)

[2019] EWHC 3217 (QB) · 26 November 2019Interprets

The curriculum-content exception was construed broadly to cover anything done in connection with curriculum content, not only the national curriculum. (see paras [45]-[51]) The court treated the content exception as protecting the school's ability to include a full range of issues, ideas and materials in its syllabus. (see paras [45], [49]-[51])

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

[2026] EWCA Civ 1364 · 22 October 2026

Used the provision giving effect to Schedule 11 as part of the statutory structure supporting a religion-specific construction of the exception (see para [60]).

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 used section 89(12) to place Schedule 11 within the school provisions of Part 6. (see para [71])

What each judgment says about section 89 is in the case-law panel in the full Act.

Explanatory note

302.This section explains what is meant by terms used in this Chapter, such as “school” and “pupil”. It also makes it clear that the prohibitions in the Chapter do not apply to anything done in relation to the content of the school curriculum. This ensures that the Act does not inhibit the ability of schools to include a full range of issues, ideas and materials in their syllabus and to expose pupils to thoughts and ideas of all kinds. The way in which the curriculum is taught is, however, covered by the reference to education in section 85(2)(a), so as to ensure issues are taught in a way which does not subject pupils to discrimination. This section also gives effect to Schedule 11 which provides some exceptions to the provisions in this Chapter.

303.This section is designed to replicate the effect of an exception relating to discrimination because of religion or belief in the Equality Act 2006, and extends it to other protected characteristics.

All the explanatory notes for the Act