Making sure disabled children are not wrongly excluded from education

Was a child’s disability properly considered before a school decided to exclude him permanently?

A disabled seven-year old child was permanently excluded by his primary school as a result of behaviours arising from his disability. The school’s decision to exclude was overturned by an Independent Review Panel, but later confirmed by the Board of Governors. The child’s family applied to the First-tier Tribunal (FtT) which confirmed the exclusion.

A disabled seven-year old child was permanently excluded by his primary school as a result of behaviours arising from his disability. The school’s decision to exclude was overturned by an Independent Review Panel, but later confirmed by the Board of Governors. The child’s family applied to the First-tier Tribunal (FtT) which confirmed the exclusion.

We provided legal assistance to draft and submit grounds of appeal of the First-tier Tribunal’s decision. We also funded representation for the family at the oral hearing of the appeal.

The appeal against the First-tier Tribunal’s decision was successful. The case was subsequently reheard by the First-tier Tribunal, who decided that the school discriminated against the child. The inappropriate description of the child’s behaviour must be accompanied on his school records by a copy of the judgment explaining that he was discriminated against on the grounds of his disability.  

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.

The successful appeal in this case will serve to remind First-tier Tribunals that decisions to permanently exclude disabled pupils must be proportionate. This means that where a school has excluded a disabled child for reasons linked to their disability, the school must show that the exclusion was for good reason, and no realistic lesser options were available to it.