Schools: Exclusion of Disabled Children

Lord Touhig Excerpts

Wednesday 11th July 2018 Lords Chamber

Asked by

[Lord Touhig]

To ask Her Majesty’s Government what steps they are taking to ensure that disabled children are not unfairly excluded from school as a result of paragraph 4(1) of the Equality Act 2010 (Disability) Regulations 2010.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, in 2016 the House’s Select Committee on the Equality Act 2010 and Disability recommended changing these regulations. These aim to provide more protection to children whose disability means that they have a tendency to physical abuse. In response to the committee’s report, we committed to consider how the exemption around the tendency to physical abuse of other persons applies to those under 18 in the education context. We will be looking carefully at the arguments for and against changing the law, and will confirm our intentions later this year.

[Lord Touhig (Lab)]

My Lords, I welcome the Minister’s reply, but I remind him that it was two years ago this month that the Government promised action on this matter. In the meantime, schools exclude pupils with autism and learning difficulties on the grounds that their behaviour may be disruptive. They do so rather than making amendments to help and support the teaching of these youngsters. Will the Government accept that the Equality Act as it stands permits discrimination against vulnerable children and should be amended soon?

[Lord Agnew of Oulton]

My Lords, this issue is, by common consent, considerably complex. We have been looking at it in depth and giving careful thought to what would be in the public interest. We will be ready later in the year to confirm our intentions, which we will do publicly. We do not accept that discrimination exists at the moment, but I would like to take this opportunity to recognise the huge contribution that the noble Lord makes to this important area through his role as a vice-president of the National Autistic Society. I look forward to meeting him and some of his colleagues from the All-Party Parliamentary Group on Autism next week.