header-logo header-logo

Fighting exclusion

01 November 2018 / Olivia Wybraniec
Issue: 7815 / Categories: Features , Discrimination
printer mail-detail
nlj_7815_wybraniec

It’s time for schools to reflect on the discriminatory nature of excluding children with special educational needs, says Olivia Wybraniec

  • The appellants had been preventing from bringing a claim for disability discrimination against their autistic son’s school after he was excluded for aggressive behaviour.
  • The Upper Tribunal was asked to review the exception to protection from discrimination where there was a tendency to physical violence, on Convention grounds.
  • The Upper Tribunal upheld the appeal, finding the Regulations failed to balance the rights of children with special educational needs and violated their Convention right to education without discrimination.

It is a difficult reality that some children with special educational needs face school exclusions due to behaviour which is a manifestation of those very needs. Even more problematic is that those children may previously have been prevented from bringing disability discrimination claims under the Equality Act 2010 (EqA 2010) because of an exclusion from the EqA 2010 for cases involving physical violence. The appellant parents in C & C v The Governing

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll