Legal challenge over exclusion of autistic pupil

The right of schools to exclude autistic pupils who exhibit bad or aggressive behaviour faces a legal challenge this week, on the grounds that it is discriminatory. The upper tribunal, the court that deals with appeals against school exclusions, is expected to hear the case of a 13-year-old boy with special needs who was expelled from school. His parents claim his behaviour is linked to his autism, and want the decision overturned. If upheld, the appeal is expected to have wide-ranging repercussions for schools. According to equalities law, schools must make “reasonable adjustments” to ensure disabled students get the right support. However, a “legal loophole” means schools can exclude pupils who have a “tendency to physical abuse”, even if they have not made adjustments for their disability. This means if an autistic pupil acts aggressively, schools do not have to show the decision to exclude was proportionate, or that they have made the right adjustments to support the pupil to

Source: Legal challenge over exclusion of autistic pupil

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