My son is currently in mainstream year 7, diagnosed ADHD on medication with an EHCP.
He has progressed through behavioural reports through to year due to ‘disruptive behaviour’ such as singing in class, humming, shouting out etc.
He was suspended a couple of weeks ago for calling a student a ‘leprechaun’ which was deemed discriminatory. It has since transpired that school had forgotten to given him his lunchtime medication that day. They will not accept responsibility for him being unmedicated even though his medication is kept in a medical office and administered by a member of staff. If we are going to look at the root cause of the incident, it could be argued that he was heightened/over stimulated due to not being given his medication as prescribed and that the staff have failed in their duty of care to him.
Is this an unlawful suspension? Do I have grounds to take this further?