Challenging school exclusion of children with disabilities
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The issue
A Mum, Samantha McGibbon, whose now 10-year-old son is happily settled at a new school, took Glasgow City Council to court after struggling to get him the support he needed. She claims her son's mental health had deteriorated to crisis point while she was left "an emotional wreck". The school repeatedly excluded her son, then eight, for behaviour that arose from his Aspergers Syndrome disability. The school even went on to insist that the boy would need to be accompanied by a carer or face further exclusion. |
The outcome
The case was taken to an Additional Support Needs tribunal at Glasgow City Council. The judgement found the council had failed to put in place "reasonable adjustments" at his primary school, which it is legally obliged to do. The landmark case, which lawyers claim is relevant to every disabled child excluded from school, opens up the possibility of other parents taking action. It also emphasises the importance of exclusion from school only as a last resort and the need for councils to take positive action to reduce the ‘exclusion gap’ between disabled and non-disabled pupils. |
