The ruling was made during the summer at the Upper Tribunal in London in the case of a 13-year-old boy who was excluded from school due to behaviour linked to his autism.
Under the Equality Act children with autism and similar conditions are not treated as disabled in relation to their behaviour. In addition, schools are not required to justify that a decision to exclude disabled children due to their behaviour is proportionate.
However, Judge Rowley said that this was in breach of the child's and other children's human rights and ruled that their behaviour in schools "is a manifestation of the very condition which calls for special educational provision to be made for them".
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