The Equality and Human Rights Commission Code of Practice for Services, Public Functions and Associations

The Equality and Human Rights Commission (EHRC) Code of Practice for Services, Public Functions and Associations, which became statutory on 5 August 2026, primarily provides authoritative guidance on how courts interpret the Equality Act 2010 rather than creating brand-new school-specific laws (as schools are specifically regulated under Part 6 of the Act rather than the Services provisions in Part 3). However, it directly impacts schools in their capacity as providers of public services, facilities, and community functions.

Although the Code applies to services and public functions rather than staff employment rules, school leadership teams must understand how its rules on single-sex spaces apply to pupils and visitors.

Legal Baseline: Biological Sex in Schools

The Code reflects established legal precedent confirming that "sex" under the Equality Act 2010 means biological sex recorded at birth. A pupil with a Gender Recognition Certificate or who identifies as transgender retains their biological sex under the law.

Under Schedule 3 of the Equality Act, schools and service providers can lawfully restrict services or facilities to a single biological sex if doing so is a proportionate means of achieving a legitimate aim—such as protecting pupil safety, privacy, and dignity.

Legislative Framework & Scope

• The Equality Act 2010: Unifies and strengthens equality law across England, Scotland, and Wales;

• Education & Schools Coverage: Part 6 of the Equality Act specifically governs education, including schools, further education, higher education, and general qualifications bodies; and

• Interaction with Other Parts: Schools also have obligations under other parts of the Act—for example, as employers (Part 5) and as service providers/public bodies (Part 3).

Protected Characteristics Relevant to Schools

Schools must protect individuals (such as pupils, staff, and visitors) from discrimination, harassment, and victimisation across the following applicable protected characteristics:

Disability: Covers physical or mental impairments with a substantial, long-term adverse effect on day-to-day activities (including hidden conditions like learning disabilities, mental health conditions, diabetes, and epilepsy).

Schools have a statutory duty to make reasonable adjustments for disabled individuals (including modifying policies, providing auxiliary aids, or adjusting physical features) and are barred from discriminating against pupils/staff due to disability;

Gender Reassignment: The code protects pupils and staff who are proposing to undergo, are undergoing, or have undergone a process to reassign their sex. There is no minimum age for this protected characteristic; school-aged children and young people are protected. It does not require medical intervention or a Gender Recognition Certificate (GRC); it applies from the moment a pupil or staff member begins proposing or living in their acquired gender;

Race: Covers colour, nationality, and ethnic or national origins. (Includes protections against segregation);

Religion or Belief: Covers religious beliefs, philosophical beliefs, or a lack of belief;

Sex: Refers to biological sex (as affirmed by legal precedent). Transgender pupils and staff remain protected against sex discrimination based on their biological sex, as well as via perception or association;

Sexual Orientation: Protects individuals regardless of their sexual orientation; and

Pregnancy and Maternity: Protects individuals from unfavorable treatment due to pregnancy or recent childbirth.

Key Age-Related Distinction for Schools

• Under-18 Exemption for Public Services (Part 3): Under Part 3 (services and public functions), protection against age discrimination does not apply to individuals under the age of 18; and

• Associations (Part 7): Children under 18 are covered by age discrimination protections if participating in membership associations.

Prohibited Conduct in Schools

Schools are legally obligated to prevent:

Direct Discrimination: Treating someone less favourably explicitly because of a protected characteristic (including by association or perception);

Indirect Discrimination: Applying a rule, policy, or practice that puts people sharing a protected characteristic at a disproportionate disadvantage;

Discrimination Arising from Disability: Treating a disabled pupil or staff member unfavourably because of something connected to their disability.4. Failure to Make Reasonable Adjustments: Failing to take reasonable steps to avoid putting disabled individuals at a substantial disadvantage;

Harassment: Unwanted conduct related to a protected characteristic (including sexual harassment) that violates dignity or creates an intimidating, hostile, degrading, or offensive environment; and

Victimisation: Poor treatment of a pupil, parent, or staff member because they have brought a complaint, given evidence, or made an allegation under the Equality Act.

Public Sector & Human Rights Duties

Public Functions & Human Rights Act 1998: Schools (as public authorities or providers of public functions) must act consistently with the European Convention on Human Rights (Article 14 prohibits discrimination in the enjoyment of convention rights.)

School Policies: Schools are advised to consider equality and human rights together when developing school policies.

The full Code of Practice can be read HERE