Question to the Department for Education:

To ask the Secretary of State for Education, for what reasons academy-related discrimination cases are outside the remit of the Education and Skills Funding Agency; and what options people have in an academy setting to pursue a discrimination case.

The law covering discrimination is the Equality Act 2010. This applies to all maintained and independent schools, including academies, and maintained and non-maintained special schools in England.

The Act makes it unlawful for the responsible body of a school to discriminate against, harass or victimise a pupil or potential pupil:

• in relation to admissions;
• in the way it provides education for pupils;
• in the way it provides pupils access to any benefit, facility or service; or
• by excluding a pupil or subjecting them to any other detriment.

If an individual feels that discrimination has taken place, in the first instance these cases could be resolved informally with the school. Should this fail to satisfactorily resolve the issue, then an official complaint can be made to the academy.

If the complainant feels that the trust has not followed its complaints procedure, they can escalate this to the Education and Skills Funding Agency (ESFA). The ESFA will assess the trust’s compliance with their complaints policy but cannot overturn the decision itself or suggest remedy.

Formal proceedings in relation to a contravention of the education provisions of the Act will be brought in a county court. If the court rules that there has been a contravention, then it has the power to award an appropriate remedy, including any award of damages.

Specialist tribunals which have experience and knowledge of disability issues will hear cases of contravention of the education provisions on grounds of disability. In England this will be the First-tier Tribunal. If the Tribunal rules that there has been a contravention, then it has the power to make an order of a remedy, which it sees as appropriate.

The Department has set out advice on the Equality Act on GOV.UK, which is available at:
https://www.gov.uk/government/publications/equality-act-2010-advice-for-schools.