Please note that this page is under development pending further information from the Government Equalities Office and the Equality and Human Rights Commission.

Part 6 of the Equality Act prohibits certain conduct and places duties on those providing education. The duties apply to schools, colleges, universities, adult education and youth services.

What does the Equality Act require education providers to do?

Education providers must not discriminate against a person because of a protected characteristic, such as disability, or victimise someone:

• in the arrangements for deciding to whom to offer admission
• by not admitting them
• in the terms on which it offers to admit them
• in the way it provides education
• in the way it affords access to a benefit, facility or service
• by excluding them from the educational institution
• by otherwise treating them less favourably

They must also not harass a pupil/student or applicant.

Education providers are required to make reasonable adjustments for disabled students and pupils to enable them to access the educational services, where the pupil or student is at a substantial disadvantage.

Reasonable adjustments: Schools

Under Part 6, there is no specific duty on the responsible body for a school to make adjustments to physical features of premises. Howver, local education authorities in England and Wales have a duty to prepare an accessibility strategy. This comprises requirements to:

• increase the accessibility to the curriculum
• improve the accessibility of the phsycial environment of the school
• improve the accessibility of information

The Government is currently considering the provision requiring schools to provide auxiliary aids and services for disabled pupils. Further information on this provision should be available in due course.

Reasonable adjustments: Post-16 providers

Post-16 providers of education, in addition to the above, must not discriminate against a person because of a protected characteristic, such as disability, or victimise someone:

• in the arrangements for deciding to whom to give a qualification
• in the terms on which it offers a qualification
• by not giving them a qualification

Post-16 providers of education need to make reasonable adjustments in three main areas:

• provisions, criteria and practices
• overcoming barriers created by physical features of premises
• the provision of auxiliary aids and services

The duty is anticipatory, meaning that the education provider must assume that any disabled person might want to use their service, and must therefore be prepared to make reasonable adjustments where necessary

Many schools or further/higher education providers are also service providers, and therefore also have duties under Part 3. For example, many educational premises are used for evening classes, exhibitions or parents’ evenings.  More information on reasonable adjustments can be found in the Services section.

For further guidance on the duties the Equality Act places on education providers, visit the Equality and Human Rights website