Teaching

Part 1. Quality of education provided

Paragraph 2(2)(a)

Paragraph 2(2)(d)(ii)

age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief
sex
sexual orientation

Paragraph 2(2)(f)

Paragraph 3(j)

Equality and Human Rights Commission guidance; www.equalityhumanrights.com/publication/what-equality-law-means-you-education-provider-schools

  1. Paragraph 3(j). The following is an extract from chapter 1 of part 6 of the Equality Act 2010. Therefore, inspectors must refer to the legislation.

85  Pupils: admission and treatment, etc

  • 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 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.

88  Disabled pupils: accessibility

Schedule 10 (accessibility) has effect.

  1. Schedule 11 of the Equality Act 2010 sets out that sections 85(1) and (2)(a) to (d) do not apply to an independent school registered as having a religious ethos. This is explained in part G of the DfE’s registration pack:

Schools with a religious ethos

The application form for registration will ask whether or not the school has a religious ethos, and details of any religious ethos declared will be recorded on Edubase. Independent schools registered as having a religious ethos are able to admit pupils and provide education and access to other aspects of school life on religious grounds. Such discrimination is generally prohibited by the Equality Act 2010, but a specific exemption exists for schools registered as having a religious ethos.

This does not create a discriminatory free for all – it would still be unlawful for such a school to discriminate on grounds of gender, sexuality, and so on.

Schools designated by order as having a religious character

In addition, the Religious Character of Schools (Designation Procedure) (Independent Schools) (England) Regulations 2003 as amended, allow the Secretary of State to make an order designating an independent school as having a religious character where the requirements set out in the regulations are met.

Independent schools designated as having a religious character can:

  • give preference in connection with the appointment, promotion and remuneration of teachers on religious grounds;
  • take into account conduct incompatible with the precepts or tenets of the religion in appointing or terminating the employment of teachers.

The Equality Act 2010 is not breached by doing anything permitted as a result of religious designation.

The proprietor of a registered independent school, or a person or body of persons planning to open an independent school, can apply for designation of the school as a school with a religious character. Full details and an application form will be sent on request or at the time of registration.

  1. Please see paragraph 66 of this document regarding schedule 10 of the Equality Act 2010.

 

Please click on the links below for further informaion on subject specific guidelines, resources and information