Governing body of a primary school v Special Educational Needs and Disability Tribunal and another

Case date: 17 May 2006

An appeal by a school against a decision of the Special Educational Needs and Disability Tribunal that its decisions to exclude a child amounted to unlawful disability discrimination.

C was a child who suffered from oppositional defiant disorder, attention deficit hyperactivity disorder, and a pervasive development disorder, possibly Asperger’s Syndrome. He was excluded from school on three different occasions, for disruptive and abusive behaviour towards staff.

The first was a three-day fixed term exclusion. The second was an 11-day exclusion from lunchtimes and playtimes. The third was a 13-day exclusion, for getting too many ‘tallies’ (reprimands for unacceptable behaviour) under the school’s behaviour policy.

C’s parents claimed disability discrimination at the Special Educational Needs and Disability Tribunal, under the Disability Discrimination Act 1995 (see below). The tribunal concluded that C was disabled within the meaning of the Act. It also decided that each of the three exclusions counted as less favourable treatment because of disability.