Can A Pupil With Autism Be Excluded For Aggression?

Disabled children with a tendency to abuse others physically should not fall outside the protection of discrimination legislation

The Upper Tribunal of the Health, Education and Social Care Chamber (Special Educational Needs and Disability) has ruled that a pupil with autism who has a tendency to physically abuse others arising from that condition should be protected by the Equality Act 2010.

Case details

The case of C & C v Governing Body of a School and others concerns L, an 11 year old child who suffers from autism, anxiety and Pathological Demand Avoidance. Over a ten month period a number of incidents of physical aggression by L had been recorded by the school, including pulling, pushing and grabbing others and pulling the hair of and punching a teaching assistant. L received a fixed term exclusion of 1.5 days for aggressive behaviour.

L's parents brought a disability discrimination claim against the school in the First Tier tribunal, citing unfavourable treatment including the fixed term exclusion. The tribunal decided that L was not protected from discrimination in relation to this exclusion because it sprang from L's tendency to physically abuse others.

The law

Under Regulation 4(1)(c) of the Equality Act 2010 (Disability) Regulations 2010...