| SPOTLIGHT |
A primary school’s decision to permanently exclude a disabled child was disproportionate and discriminatory, the Upper Tribunal has ruled following an appeal backed by the Equality and Human Rights Commission (EHRC).
The school near Stoke-on-Trent permanently excluded the seven-year-old child due to his behaviour in November 2021.
This behaviour was connected to the child’s disabilities: he has ADHD, autism and a sensory processing disorder, the EHRC said.
In January 2022, the school’s decision was unanimously overturned by the Independent Review Panel, but in February 2022, the Board of Governors upheld the decision to exclude the child.
The family applied to the First-tier Tribunal (FtT) which confirmed the exclusion.
Explaining its decision to back an appeal, the EHRC said it was concerned that the child’s disability had not been properly considered.
Following a hearing earlier this month (17 July 2023), this appeal has been successful at the Upper Tribunal.
“This means that the school discriminated against the child, for which the school must apologise to the child and his family, and the inappropriate description of the child’s behaviour must be removed from school records,” the Commission said.
The school has agreed to train its staff on disability discrimination, and to apologise to the child and their family. From September 2023, the child will be educated at an appropriate school elsewhere.
Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said: “Permanently excluding children from education must be a last resort, especially for disabled children.
“This judgment makes clear that, where schools exclude a disabled child for reasons linked to their disability, they must show that the exclusion was for good reason, and that no other realistic options were available.”
Baroness Falkner added: "Education appeals and tribunals must also consider the proportionality of exclusions and whether other options were available. We are pleased that this family’s appeal was successful. Unfortunately, that is not always the case.
“Excluding children from school because they are disabled is discriminatory. The EHRC will continue to work to make sure that disabled children are not permanently excluded without proper consideration of other reasonable steps that could be taken first.”
The boy’s grandmother said: “The last two years have been extremely stressful for us as a family as we took our child’s case through the lengthy legal system.
“It was hard to take legal action against a school that we previously had a good relationship with. But the impact of their actions against our child made it necessary to seek justice.”
Partner Caroline Barrett and Solicitor Jennifer Wright of law firm Rook Irwin Sweeney appeared for the successful appellant, instructing Eleanor Leydon of 39 Essex Chambers.
