Help - behaviour

[flowlow]

Hi all

 

I wonder if anyone can help. I remember being told once by children, schools and families that it wasn't lawful to exclude a child of nursery age as they are not considered developmentally responsible for their behaviour. I remember at the time I was dealing with a very troubled little one and I made a post about it on here in 2010. I have looked but can't find this post to check what was actually said.

 

I know nursery's do exclude children as a last resort and I am not saying they shouldn't however, making a fresh search on line to see if there is anything in legislation to back this up I cannot find anything. Does anyone have this anywhere?

[FSFRebecca]

It sounds like you are having a tough time ...

FSF's house detective has found this for you ... is this the thread you were looking for?

 

'withdrawing a place at nursery'

 

Don't thank me it was Steve who worked his magic!

[flowlow]

Thank you for this magic workers!! :-) :-)

 

I think I must have written twice about this as this is definitely the issue I mean but not quite the posts I remember.

 

I have to confess I am no longer in this situation I just remember that it was this one where I was told children under a certain age couldn't be excluded, however I am now trying to find the legislation that supports this but I cannot find it.

[PaseyLtd]

Sorry completely messed up my post - was only trying to say that I didn't know of any legislation as such but as a practitioner know that if exclusion is being considered then all other avenues such as SEN, parental involvement will have been exhausted to no avail!

Edited February 24, 2017 by PaseyLtd

[Upsy Daisy]

Could it have been the Equality Act 2010?

"3. discrimination arising from disability occurs when a disabled pupil is treated unfavourably because of something related to his/her disability (as distinct from being because of the disability itself, which would be direct discrimination as above) and such treatment cannot be justified. The following conditions must be met:

• • the disabled pupil is treated in a way which puts him/her at a disadvantage
  • the treatment is connected with the pupil’s disability
  • the treatment cannot be justified as “a proportionate means of achieving a legitimate aim”"
  • .

[flowlow]

 

Could it have been the Equality Act 2010?

 

"3. discrimination arising from disability occurs when a disabled pupil is treated unfavourably because of something related to his/her disability (as distinct from being because of the disability itself, which would be direct discrimination as above) and such treatment cannot be justified. The following conditions must be met:

• • the disabled pupil is treated in a way which puts him/her at a disadvantage
  • the treatment is connected with the pupil’s disability
  • the treatment cannot be justified as “a proportionate means of achieving a legitimate aim”"
  • .

 

possibly as I know that is is often forgotten that behaviour is considered an additional need.