flowlow Posted February 24, 2017 Share Posted February 24, 2017 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? Quote Link to comment Share on other sites More sharing options...
FSFRebecca Posted February 24, 2017 Share Posted February 24, 2017 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! 1 Quote Link to comment Share on other sites More sharing options...
flowlow Posted February 24, 2017 Author Share Posted February 24, 2017 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. Quote Link to comment Share on other sites More sharing options...
PaseyLtd Posted February 24, 2017 Share Posted February 24, 2017 (edited) 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 1 Quote Link to comment Share on other sites More sharing options...
Upsy Daisy Posted February 24, 2017 Share Posted February 24, 2017 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”" . 1 Quote Link to comment Share on other sites More sharing options...
flowlow Posted February 24, 2017 Author Share Posted February 24, 2017 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. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.