This briefing explains how equalities legislation applies in relation to the exclusion of pupils with a disability where the exclusion is for physical abuse towards another person.
It highlights requirements for policy and practice and explains the implications for ‘refusal to teach’.
Background and context
All schools are subject to the provisions of the equalities legislation regarding their treatment of pupils with disabilities.
Schools are required to make reasonable adjustments for these pupils to protect them from discrimination.
In Great Britain, The Equality Act 2010 is accompanied by regulations that qualify the application of the requirement to make reasonable adjustments in some instances. [1]
In August 2018, a 13-year-old child with autism and other disabilities appealed to the Upper Tier Tribunal against his exclusion from school. [2]
The National Autistic Society (NAS) and the Equality and Human Rights Commission (EHRC) supported the pupil to appeal against the decision to exclude in order to address a loophole in the law which meant that a school could exclude a pupil for physical abuse towards another person even when no reasonable adjustments had been made and the behaviour resulted from the failure to make adjustments. [3]
The Upper Tier Tribunal ruled that the regulations were not compatible with the prohibition in the Human Rights Act 1998 on ‘degrading and inhuman treatment’ and, as a result, the child’s appeal was successful.
The ruling means that if a school excludes a pupil because of a tendency to physical abuse towards other persons, the school must be able to demonstrate that they have made reasonable adjustments for the pupil’s disability.
This includes making reasonable adjustments for the factors that may trigger violent outbursts.
NASUWT position and the implications for ‘refusal to teach’
NASUWT's position is that schools must take their responsibilities under equalities legislation seriously and make reasonable adjustments for disabled pupils in respect of their educational needs and their participation in school life.
The ruling does not impact on NASUWT’s ability to implement and sustain ‘refusal to teach action’ in cases where the behaviour of pupils poses an unacceptable risk to the health, safety and welfare of members.
The purpose of this action is always to protect members from such risks and to secure an acceptable and sustainable solution in the school concerned.
The action is never predicated on an insistence that schools must exclude pupils, although this might be an appropriate action for a school to take in particular cases to address concerns about the impact of pupil behaviour on members.
If a pupil with a disability physically abuses another pupil or a member of staff, the school must take steps to protect the health, safety and welfare of the other pupil or member of staff.
The school should also have made reasonable adjustments to cater for the pupil’s needs. If the school has made reasonable adjustments but the adjustments are not having the desired impact, they should be reviewed and may need amending.
Ultimately, the school is responsible for ensuring that the pupil receives an appropriate education and that they protect the health, safety and welfare of all staff and pupils.
NASUWT Representatives should ensure that the employer recognises these rights and provides the protections.
If the employer is unwilling to take the necessary actions and is not protecting staff and pupils or is not providing reasonable adjustments, then it will be important to seek advice from NASUWT about the appropriate course of action.
Frequently asked questions
Can a school exclude a pupil with a disability because of their behaviour?
Yes, but if the behaviour is for reasons linked to the pupil’s disability, the school must have made reasonable adjustments for the pupil’s disability.
If the pupil’s behaviour is not linked to their disability, exclusion may be appropriate if that is part of the school’s behaviour policy.
However, it will still be important to ensure that the sanction is proportionate. Also, depending on the nature of the pupil’s disability, the nature of the sanction might differ to take account of their disability.
However, a school may exclude a pupil who has a disability if reasonable adjustments have been made and the school can demonstrate that the exclusion was a proportionate means of, for instance, maintaining behaviour standards.
My school says that they cannot exclude pupils who have a disability and that staff must tolerate aggressive and violent behaviour. Is this right?
It is not acceptable for a school to claim that there is nothing that they can do to protect staff from the abusive behaviour of a pupil who has a disability.
The school must protect the health, safety and welfare of pupils and staff and doing nothing compromises the health, safety and welfare of staff and other pupils.
Contact NASUWT for advice if the school says that teachers should just accept abusive behaviour or if their policies and procedures are ineffective.
What should I do if I am experiencing problems?
Support is available if you are concerned about any of the issues raised in the briefing:
Members should get in touch using the information for their location on our Contact Us page.
If you are an NASUWT Rep, please contact your Local Association or National Executive Member or, in their absence, your National or Regional Centre.
If you are an NASUWT Caseworker, please contact your Local Association or National Executive Member.
Where can I get further information and support regarding implementing equality law?
NASUWT has advice on Equality Law in Great Britain, including the Equality Act 2010, and Equality Law in Northern Ireland.
The Council for Disabled Children has also produced resources for schools.
The web page provides links to the following guides which were commissioned by the Department for Education (DfE). While the guides are aimed at schools in England, the focus on the Equality Act 2010 means that they are likely to be useful to members teaching in schools in Wales and Scotland.
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Disabled Children and the Equality Act 2010: What teachers need to know and what schools need to do
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Equality Act 2010 and disabled pupils: A guide for governors and trustees
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Accessibility plans and the Equality Act 2010: A handbook for schools
Further, the web page provides links to parallel guides for colleges and early years settings.
Footnotes
[1] The Equality Act 2010 (Disability) Regulations 2010. 2010 No. 2128. Available at: (http://www.legislation.gov.uk/uksi/2010/2128/pdfs/uksi_20102128_en.pdf), accessed on 17.02.2026
[2] Rayes, E. (2018). ‘Education secretary loses disability test case appeal’. Law Society Gazette. (14 August). Available at: (https://www.lawgazette.co.uk/news/education-secretary-loses-disability-test-case-appeal/5067243.article), accessed on 17.02.2026
[3] Education secretary loses disability test case appeal | News | Law Gazette accessed on 17.02.2026