C & C v The Governing Body of a School [2019] AACR 10
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L, an autistic 11-year-old pupil, was excluded for a day and a half after incidents of physically challenging behaviour towards staff and other pupils.
Parents’ case:
They argued that the exclusion constituted disability discrimination under the Equality Act 2010, on the basis that L’s challenging conduct directly stemmed from his autism and that the school had failed to make reasonable adjustments.
School & Secretary of State’s response:
They relied on regulation 4(1)(c) of the Equality Act 2010 (Disability) Regulations 2010, which excludes from protection any “tendency to physical or sexual abuse” from being classed as a disability.
The First-tier Tribunal upheld the regulation and dismissed the parents’ claim.
Upper Tribunal decision:
Judge Rowley found that, within the educational context, regulation 4(1)(c) contravenes Article 14 of the European Convention on Human Rights when read alongside the right to education. By stripping disabled children—whose conditions may manifest in physically challenging behaviour—of the Equality Act’s protections, the regulation was unjustifiably discriminatory. Consequently, regulation 4(1)(c) was disapplied, L was recognised as “disabled” under the statutory definition, and his discrimination claim was permitted to proceed.
Suggested Key takeaways:
1. Disabled pupils retain their rights under the Equality Act even when challenging behaviour forms part of their disability.
2. Parents may challenge exclusions and insist on evidence of the support and reasonable adjustments provided.
3. Schools must demonstrate that any exclusion is a proportionate response, revise their policies accordingly and ensure staff receive appropriate training; they can no longer invoke a blanket exclusion rule.
This is a summary of the judgement, which can be found here:
https://assets.publishing.service.gov.uk/media/5f846599d3bf7f6b99980875/_2019__AACR_10ws.pdf
It is provided for informational purposes only. Anyone intending to rely on this decision is strongly advised to seek appropriate legal advice.
Sean Kennedy – 1 July 2025
