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• 10 Nov 2022

• Yes

  Complex

  Yes, but it must be remembered that a breach of a behaviour policy which is related to a pupils’ disability and which results in permanent exclusion can be justified if the school can show this was a proportionate means of achieving a legitimate aim: s15 EqA2010. 

  Justification is an objective test, and the school would have to demonstrate that it considered all options, including additional support for the pupil, prior to exclusion. 

  Example: Consider the example of an autistic child who was permanently excluded from school after pushing another pupil who was teasing him whilst queuing for lunch. The child has significant social communication and regulation and modulation difficulties. The school, whilst generally sympathetic, continually resists giving him additional support or making adjustment as they want to avoid giving the impression of favouritism claiming they want him to “learn to stand on his own two feet”. The Head said that the school has a policy which makes it clear that they operate a zero-tolerance approach to physical violence and there is nothing he can do other than to exclude the child. He also said, if he did “let him off”, he would be sending a signal to all other pupils that physical aggression was now acceptable in his school. The approach taken by Head means that it is unlikely that the unfavourable treatment (the exclusion) can be justified hence it would be deemed unlawful. 

  Glossary: EqA2010

  

  Disability Law in Education No-nonsense Guide
  Authors: Mandy Aulak, Sean Kennedy

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