Exclusion relating to disability

Exclusion relating to a disability especially in schools

When we care for children who have disabilities such as autism, ADHD, PDD or any other medical diagnosis that affect their ability to learn or has an impact on their education and well-being. The needs they have have to have much more in terms of what the school can actually provide within its budget. Before 2015, this was a statement of Educational Needs used that was applied for by either the school, care-giver or another person. The needs in this Statement of Educational Needs was supposed to be a legal redress in case schools did not ensure that the needs of the named person whose statement it was were met.

The Statement of Educational Needs is now being replaced by an Education and Health Care Plan or EHCP.

Usually, this could be an exclusion as a result of something related to a part of their statement.

When an exclusion by a school has been enforced, the parents or guardian will have the opportunity to make a claim for Disability discrimination under the Equality Act 2010. However, the only CAVEAT is that this claim for disability discrimination has to be made within 6 months of the disability!!!!

If you try to make a disability claim after the 6 months, it will not be accepted unless there are exceptional circumstances.

Click here for Exclusion Guidance


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