Equality Act 2010, section 91

Students: admission and treatment, etc

Part 6 Education

(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 a student;

(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 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.

(3)The responsible body of such an institution must not discriminate against a disabled person—

(a)in the arrangements it makes for deciding upon whom to confer a qualification;

(b)as to the terms on which it is prepared to confer a qualification on the person;

(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.

(5)The responsible body of such an institution must not harass—

(a)a student;

(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.

(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 a student;

(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.

(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.

(8)The responsible body of such an institution must not victimise a disabled person—

(a)in the arrangements it makes for deciding upon whom to confer a qualification;

(b)as to the terms on which it is prepared to confer a qualification on the person;

(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 an institution.

(10)In relation to England and Wales, this section applies to—

(a)a university;

(b)any other institution within the higher education sector;

(c)an institution within the further education sector.

[F94 (d)a 16 to 19 Academy.F94]

(11)In relation to Scotland, this section applies to—

(a)a university;

(b)a designated institution;

(c)a college of further education.

(12)A responsible body is—

(a)in the case of an institution within subsection (10)(a), (b) or (c), the governing body;

[F95 (aa)in the case of an institution within subsection (10)(d), the proprietor (within the meaning of the Education Act 1996);F95]

(b)in the case of an institution within subsection (11)(a) or (b), the governing body;

(c)in the case of a college of further education under the management of a 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 or board of governors.

Definitions used in section 91 9

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
student

(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.

Defined in s.94(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
university

(4)A reference to a university includes a reference to a university college and a college, school or hall of a university.

Defined in s.94(4) · see it in the full Act
Higher education

(7) “Higher education”—

(a)in relation to England and Wales, means education provided by means of a course of a description mentioned in Schedule 6 to the Education Reform Act 1988;

(b)in relation to Scotland, has the meaning given in section 38 of the Further and Higher Education (Scotland) Act 1992.

Defined in s.94(7) · see it in the full Act
Further education

(6) “Further education”—

(a)in relation to England and Wales, has the meaning given in section 2 of the Education Act 1996;

(b)in relation to Scotland, has the meaning given in section 1(3) of the Further and Higher Education (Scotland) Act 1992.

Defined in s.94(6) · see it in the full Act
Designated institution

(9) “Designated institution” has the meaning given in section 44 of that Act .

Defined in s.94(9) · see it in the full Act
College of further education

(8) “College of further education” has the meaning given in section 36 of the Further and Higher Education (Scotland) Act 1992 .

Defined in s.94(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

Cases considering section 91 7

Nwabueze v University of Law Ltd & Ors

[2020] EWCA Civ 1526 · 13 November 2020Defines

Section 91 was applied as the education-discrimination regime governing responsible bodies of universities and other specified educational institutions. (see paras [6]; [11]; [20]) Section 91(10) was applied to identify the educational institutions to which section 91 applies in England and Wales. (see paras [6]; [11]) Section 91(10)(a) confirmed that universities fall within the education regime considered by the court. (see paras [6]; [11]) Section 91(10)(b) was included in the statutory list of institutions covered by section 91, although it was not material to the respondent’s university status. (see para [6]) Section 91(10)(c) was included in the statutory list of institutions covered by section 91, although it was not material to the respondent’s university status. (see para [6]) Section 91(12) was applied to identify the governing body as the responsible body for a university or other institution within section 91(10). (see paras [7]; [20]) Section 91(2) was used to identify the prohibition on discrimination against a student by the responsible body. (see para [6])

Blackwood v Birmingham & Solihull Mental Health NHS Foundation Trust

[2016] EWCA Civ 607 · 23 June 2016Interprets

Section 91 applies to specified educational institutions, not ordinarily to an independent work-placement provider. This supported the conclusion that section 91 did not itself provide a primary claim against the trust. (see paras [13]; [38]; [43]) Section 91(2) addresses discrimination by the university in providing education or affording access to a benefit, facility or service. It does not ordinarily make the university answerable for discriminatory conduct by an independent placement provider during the placement. (see paras [43]-[44]; [61]) A university’s arrangements for a work placement can amount to affording a student access to a benefit, facility or service. Claims that the university discriminated in making or maintaining those arrangements fall within section 91(2)(b). (see paras [43]-[44]; [51]; [61]) Where a university fails to provide a work placement, the claim concerns a failure to afford access to a facility or benefit under section 91(2)(d). The court treated this as distinct from discriminatory conduct by the placement provider once access has been afforded. (see paras [51]; [54]; [61])

University of Birmingham v Persons Unknown & Anor

[2024] EWHC 1770 (KB) · 9 July 2024

The judgment finds no real prospect of establishing that the University denied access to a facility because of Ms Ali’s belief. (see paras [40]-[45]) The judgment finds no real prospect of establishing that the University subjected Ms Ali to a detriment because of her belief. (see paras [40]-[45])

1 more judgment, and what each says about section 91, are in the case-law panel in the full Act.

Explanatory note

306.This section makes it unlawful for universities, colleges and other institutions in the higher and further education sectors to discriminate against, harass or victimise a student or someone who wants to become a student in relation to the arrangements it makes in deciding who to admit, the terms on which a person is admitted and the way a person is treated when admitted. Subsection (3) of section 91 specifically makes it unlawful to discriminate when considering conferring qualifications to disabled people who are not enrolled at the institution.

307.It also imposes on the responsible body of such an institution the duty to make reasonable adjustments for disabled students and prospective students.

308.This replicates the position in previous legislation.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F94S. 91(10)(d) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 54(1), Sch. 13 para. 20(2)(a); S.I. 2012/924, art. 2
  2. F95S. 91(12)(aa) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 54(1), Sch. 13 para. 20(2)(b); S.I. 2012/924, art. 2