The parents of a teenager with autism excluded from school are leading a fight against expulsions of special needs children.
The unidentified family wants to prevent schools excluding pupils over challenging behaviour linked to their condition.
Polly Sweeney of Irwin Mitchell says disabled children should have the same rights “regardless of whether their disability gives rise to challenging behaviour”
Under current rules, their 13-year-old son, known as “L”, and other children with similar conditions, don’t enjoy protection from discrimination.
Challenging behaviour a ‘tendency to physically abuse’
They lose protection because their challenging behaviour is said to be “a tendency to physically abuse” — even where the behaviour results from the child’s condition.
Lawyers Irwin Mitchell represent the family, together with barrister Steve Broach from Monckton Chambers.
Irwin Mitchell says current laws mean children such as L are not treated as ‘disabled’ over their aggressive behaviour.
‘Exclusion discriminates against disabled children’
At a recent hearing before the Upper Tribunal they argued this exclusion discriminates against disabled children with conditions such as autism that are more likely to result in aggression.
Statistics show special needs children account for almost half of all exclusions.
Campaigners say a loophole means schools don’t have to show an exclusion is proportionate or that they have made reasonable adjustments.
Ensuring disabled children enjoy the same rights
Polly Sweeney is a partner at Irwin Mitchell. She said the challenge is about ensuring disabled children enjoy the same rights “regardless of whether their disability gives rise to challenging behaviour”.
Mark Lever is the chief executive of the National Autistic Society (NAS). The NAS has supported the family’s case.
Lever said the loophole means “too many children are missing out on months and years of their education”.
The Department for Education (DfE) opposes the family’s case.
Teachers ‘have a right to be safe’
The DfE says teachers and school staff have a right to be safe and that violent behaviour is unacceptable.
Irwin Mitchell expects a decision in the next few weeks.
Related:
- Schools ‘unable’ to stop exclusions
- MPs back call to cut school exclusions
- Excluded pupils develop mental health problems
- Survey reveals acute school anxiety
Published: 11 July 2018
