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Persistent disruptive behaviour exclusion

4 replies

stormwarning · 30/09/2013 20:12

If a school permanently excludes for persistent disruptive behaviour are they supposed to provide examples of this?
Are there any statutory guidelines that state what action school should take when excluding for that reason?
I'm in a quite complicated situation but basically the child already had a statement of SEN and then received a diagnosis that is considered a disability. Shortly after receiving the diagnosis school said that they could no longer meet needs, but had not said they couldn't meet them before the diagnosis.
Child has acute anxiety which escalated, I think, because of needs not being met. School then permanently excluded and one of the reasons was for persistently not doing something that their disability made it very hard for them to do.
Any help would be appreciated.

OP posts:
sickofsocalledexperts · 30/09/2013 20:29

If the child already had a statement, then the school cannot kegally exclude unless it has taken "all reasonable steps" to keep the child in school and adapt to his/her dsability. Eg you cannot chuck a kid in a wheelchair out because there are no ramps, you can't chuck an autistic kid out just because they can't cope full time in class, but should look at things like quiet rooms or corridor desks. If you can argue that they have not exhausted all reasonable steps to manage the child's inclusion in school, you might have a case to appeal - look at IPSEA webite or try ringing the SOS-SEN helpline for advice, good luck.

stormwarning · 30/09/2013 20:37

He had sensory issues and it was decided that the environment was wrong resulting in his anxiety. Can they still argue that they couldn't change the environment therefore could do no more? They do admit that there was no safe place for him to go to calm down Hmm
A new statement naming another school was in the process of being drawn up.

OP posts:
LemonLies · 09/10/2013 23:41

What was the thing that the disability made it hard for them to do?

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