Protecting disabled children from school exclusion

The Equality Act 2010 does not protect people who have “a tendency to physical abuse”.  Does this apply to children in an education context? 

A school excluded a child with autism and other conditions for a fixed term due to aggressive behaviour.  His parents complained under the Equality Act.  However, because of regulation (4)(1)(c ) Equality Act (Disability) Regulations 2010, “a tendency to physical abuse”, is not covered by the definition of disability. 

This case relates to our priority aim of Education – we want to make sure that the education system promotes good relations with others and respect for equality and human rights. 

We provided legal assistance. 

The Upper Tribunal found that in the context of education, the exclusion of “a tendency to physical abuse”, under regulation (4)(1)(c) violates the rights of children under Article 14 of the European Convention on Human Rights.  This means that the regulation does not strike a balance between the rights of children, such as disabled children who show challenging behaviours, and the interests of the community.

This decision means the schools that exclude children with autism, ADHD or other conditions that result in a tendency to physical abuse, will have to satisfy a court/tribunal that they attempted to make reasonable adjustments and/or that the decision to exclude was proportionate.