School Exclusions – Legal Loophole Closed

If like us, your child has experienced exclusion from school due to their behaviour then a recent legal development may be about to change all this.

As parents of a child that was excluded from school twice due to extreme behavioural episodes, despite having been diagnosed with aspergers and pathological demand avoidance we were interested to see this latest development.

Schools have historically relied on an exemption in the Equality Act regulation 4(1)(c), which states that where there is ‘tendency to physical abuse’ a child’s disability is not a protected characteristic under the Act.

The case involved a child who had been subject to school exclusions. The child has autism, anxiety and Pathological Demand Avoidance.

The National Autistic Society and Education Secretary intervened in the case.

The Upper Tribunal identified the challenges faced by parents and the Judge concluded:

‘When construed in accordance with section 3 of the Human Rights Act 1998, section 4(1)(c) does not apply to children in education who have a recognised condition that is more likely to result in a tendency to physical abuse.”


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