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.
