Education

Where to start. There is so much to unpack. Let me start by saying I am not a lawyer. I once sued some one for disability discrimination so I've gotten familiar with the law. But what I'm about to say is not a substitute for proper legal advice from a professional lawyer.

This sounds like discrimination to me. Schools know they have to make reasonable adjustments and they tend to think of ramps and coloured filters but reasonable adjustments apply to school disciplinary policy too. Disabled students, especially autistic students, will need bespoke adjustments to the disciplinary policy. The relevant law is section 20(3) of the equality act (2010) which says:

"The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage."

So your grandson, being disabled, and the schools disciplinary policy, being a provision criteria or practice, put your grandson at a substantial (more than minor) disadvantage in relation to relevant matter, thats being given detentions, in comparison to non autistic people, because they don't have meltdowns, then the school has to take steps (probably changing the policy or having a rule that it applies differently to him) to make sure he isn't disadvantaged.

Schedule 13 section 2 of the act says this rule applies to the responsible body of a school (probably the board of governors).

Thats only the start though there is a whole separate law they are probably breaking by giving your grandson detentions for having meltdowns. Section 15 of the act says you can't treat some one badly for something caused by their disability unless you can justify it as really necessary and important. Section 15 subsection 1 says:

"A person (A) discriminates against a disabled person (B) if A treats B unfavourably because of something arising in consequence of B's disability, and A cannot show that the treatment is a proportionate means of achieving a legitimate aim."

The terms proportionate and legitimate are very important. Courts have developed a 4 part legal theory around their application. Their aim in issuing a detention for one of your grandsons meltdown must be for some really important reason, in this case preventing disruption is likely to qualify. But the course of action has to be logically connect to the aim. They can give him all the detentions in the world but it won't stop him having meltdowns, they're caused by autism not wilful disobedience. So their justification might fail on that point. Then they have to show that the detention was the least bad way (in terms of outcomes for your grandson) they could have gone about stoping the disruption. There are lots of other things they could do to help him not have meltdowns so there justification might fail there too. Lastly they have to argue the impact of the detention on your grandson is less severe than the impact on the class of just doing nothing a letting the disruption continue.

NAS67405 said:

There are also a number of teachers who clearly do not like him because he is disruptive.  He is being bullied by a 16 year old boy who hit him from behind over the head with an object.  The teacher accused him of lying when he reported it, fortunately, there was a witness but still he got the blame because the boy claimed he had said something offensive to him but we are not sure about that as my grandson didn't even know he was behind him.

This could potentially be harassment under section 26 of the equality act although you might struggle to prove it. Section 26(1) of the act says:

"A person (A) harasses another (B) if A engages in unwanted conduct related to a relevant protected characteristic, and the conduct has the purpose or effect of violating B's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for B."

So if his teachers reasons for accusing him of lying and of blaming him for provoking some one else's violent conduct towards him relates to their belief that he is autistic you might say that it is related to the relevant protected characteristic of his autism, but you may find proving the teachers intent quite hard.

More generally not having, or having but not implementing, a policy to deter bullying of autistic people may amount to indirect discrimination. Indirect discrimination is a bit complicated though and it might be easier to make a case against this sort of treatment under reasonable adjustments. Also if your grandson actually did say something offensive to this boy section 15 may apply if you can argue the offensive comment was caused by his autism.

NAS67405 said:

Sorry to bend your ear so soon but just hoping does anyone know if this can be taken above school level and if so to whom.

My first port of call would be the board of governors  You could write to them to complain. Or even better if you can afford it get a solicitor to write and complain. Even if the school doesn't have a board of governors it will have a 'govening body' that does the same job that sits with authority over the head teacher and other teachers. In theory, and if you have the stomach for it, his parents could take the school to a tribunal over this discrimination, although there is a 6 month time limit for them to do that (running from when the discrimination occured).

All publicly funded schools are required to publish information on their website, including policies for safeguarding, SEND, discipline etc., as well as a complaints procedure.  In the first place, ask to speak to the Head Teacher and put your concerns in writing.  If the situation does not improve, or if the complaint involves the Head Teacher, contact the Chair of Governors - the school is required to give you contact details.  You could also contact the "named governor" for safeguarding regarding the bullying.

If your child has an EHCP you can ask the local authority SEN team to intervene. If he does not have an EHCP it is possible for parents to ask for an assessment, and if it is refused there is an appeals mechanism that can lead to a SENDis Tribunal.

What you describe is assault with a weapon. Even if the school did not involve the police (why not?), they should still have taken action regarding the bullying. Schools are also required to report the number of racist, homophobic or disability-related bullying incidents to the governing body and local authority.

I am a school governor and a social worker, but not a lawyer, so these are just general comments - if you want proper advice I would urge you to talk to a lawyer or a specialist advice service.

All publicly funded schools are required to publish information on their website, including policies for safeguarding, SEND, discipline etc., as well as a complaints procedure.  In the first place, ask to speak to the Head Teacher and put your concerns in writing.  If the situation does not improve, or if the complaint involves the Head Teacher, contact the Chair of Governors - the school is required to give you contact details.  You could also contact the "named governor" for safeguarding regarding the bullying.

If your child has an EHCP you can ask the local authority SEN team to intervene. If he does not have an EHCP it is possible for parents to ask for an assessment, and if it is refused there is an appeals mechanism that can lead to a SENDis Tribunal.

What you describe is assault with a weapon. Even if the school did not involve the police (why not?), they should still have taken action regarding the bullying. Schools are also required to report the number of racist, homophobic or disability-related bullying incidents to the governing body and local authority.

I am a school governor and a social worker, but not a lawyer, so these are just general comments - if you want proper advice I would urge you to talk to a lawyer or a specialist advice service.