This is kind of rubbish in that school is a legal right for all children, so the LA has a responsibility to provide an educational place for EVERY child, unless the parents have optionally decided to home educate. After school club is not something any school or LA has to provide for ANY or EVERY child. Therefore actually excluding them wouldn't deny them of a place they have any right to.
However, although giving a child a place in a club is not mandatory, they could still be in breach of the Equality Act (2010), if they were accepting children to WAC who were not disabled, but refusing to accept a disabled child.
Legally the other children have a right to attend the club without suffering as a result of this child's behaviour. This means. in theory, if WAC can show that they are making reasonable adjustments to include the child, but even with these, the child is still a detriment to others, they could still exclude them.
I guess though it comes down to whether
- they are actually bothering to make adjustments to include the child and therefore could show that they have really tried to include him.
- whether they think anyone will bother to progress a claim that they are failing to safeguard the other children.
If they think that the child's parents are more likely to be able to claim that kicking the child out is a breach of the Equality Act, than other parents are able to win a safegaurding breech claim, then keeping the child there may be what they see as the best option.