A tribunal judge has ruled that schools discriminating against children with special needs who are excluded for aggressive behaviour linked to their condition is unlawful. Judge Alison Rowley, sitting in the upper tribunal in London, stated that it is “repugnant” to consider such behaviour as “criminal or antisocial” when it is a direct result of a child’s condition and “not a choice”.
The ruling involved a 13-year-old boy with autism, referred to as L, who was excluded from school due to aggressive behaviour related to his condition. The tribunal found that a regulation under the Equality Act 2010, which allowed schools to exclude disabled pupils for their behaviour without justification, was incompatible with human rights laws.
Jane Harris of the National Autistic Society, which intervened in the case, said the verdict could transform the educational prospects of children on the autism spectrum. She urged the government to ensure that children are no longer unfairly excluded. The boy’s parents expressed delight, stating that school should be a place without fear of discrimination for actions beyond their son’s control.
Judge Rowley noted that the current regulations do not strike a fair balance between the rights of children like L and the interests of the community. However, she clarified that schools are not prevented from excluding pupils, provided it is a “proportionate response” following “reasonable adjustments” by the schools.
The Department for Education said it is fully committed to protecting the rights of children with disabilities while ensuring safe school environments, and will carefully consider the judgment. Paul Whiteman of the National Association of Head Teachers highlighted that schools face severe funding cuts for special needs provision and need support from local services to avoid exclusions.
