Newsflash, Judge: Being Assaulted At Work Isn’t A Choice For Anyone, Either…

The exclusion of an autistic boy after he hit a teaching assistant with a ruler, punched her and pulled her hair, was unlawful, a court has ruled.

Excluded permanently? Well, no.

Following the incident in February 2016, the child, known only as “L”, was given a one-and-half day exclusion.

But a judge in the Upper Tribunal has ruled that “aggressive behaviour is not a choice for children with autism“.

So they should be able to assault people without sanction?

Campaigners say the ruling will have a major impact on future generations of children on the autism spectrum.

A major impact on future generations full stop!

Judge Rowley said that… “In that context, to my mind it is repugnant to define as ‘criminal or anti-social‘ the effect of the behaviour of children whose condition (through no fault of their own) manifests itself in particular ways so as to justify treating them differently from children whose condition has other manifestations.

It’s like we are hellbent on our own destruction in the West…

L’s parents said they were “both delighted by this ruling”.

“We have always believed passionately that our son and other children in his position should have equal rights to be able to go to school and receive the support they need to achieve the best possible outcomes.

“L’s autism means that he will grow up in a world where he will face challenges and adversity throughout his life. School should be somewhere he can go without fear of discrimination or exclusion for actions which he has no control over.

“Knowing that one of the key rules that prevented that has now been found to be unlawful is of great comfort to us, and we hope, many other families.”

Probably not the families that will be at increasing risk of children who can do whatever they like without fear of any consequences

Melanie Field, executive director at the Equality and Human Rights Commission, said: “We funded this case as we were concerned that children whose disability can result in them being more likely to be aggressive were being unfairly denied access to education.

“We are delighted with this judgement, which will require schools to make reasonable adjustments to try to prevent or manage challenging behaviour and justify that any exclusion in these circumstances is proportionate.”

How long before people decline to work in this area of education? Then no-one will get an education.

16 comments for “Newsflash, Judge: Being Assaulted At Work Isn’t A Choice For Anyone, Either…

  1. Judd
    August 20, 2018 at 9:15 am

    Didn’t there used to be special schools, Approved, Borstal, for violent young thugs and social misfits, where they could be given the special treatment they needed and the staff were trained and ready to deal with their like, so they didn’t cause other innocents, or themselves, further harm.

    Does equal rights not apply to every other poor sod then, staff or other pupils?, or are some people more equal than others.

    • August 21, 2018 at 7:29 am

      There did. But the progressives phased them out and pursued the policy of inclusion instead.

  2. john in cheshire
    August 20, 2018 at 10:22 am

    Ah, the Equality and Human Rights Commission poking its nose into things that are none of their business, yet again.

    The whole human rights and equality industry need to be defunded as quickly as possible because that’s the only way we’ll get rid of this accursed policy.

  3. macheath
    August 20, 2018 at 11:32 am

    A cursory look suggests the BBC doesn’t mention the boy’s age, though other media give it as 13; when dealing with cases of assault, it is worth bearing in mind that, in legal language, the word ‘child’ could mean anything up to and including a six-foot teenager weighing over 10 stone.

    One major problem which is seldom mentioned in cases of autism is the change in the classroom environment over the past decades; grouped seating, busy multicoloured ‘interactive’ teaching materials and the hyperactive ‘dynamic’ methods teachers are obliged to employ to tick the right boxes (noisy games, throwing bean-bags around the room…) could have been expressly designed to cause sensory overload and trigger an episode in a susceptible pupil.

    • August 21, 2018 at 7:29 am

      Damn good point!

  4. August 20, 2018 at 11:37 am

    Judges seem to be drawn from a pool of mental deficients these days.

  5. August 20, 2018 at 11:56 am

    I have an Autistic son, so speak with some authority here. I had to give up my career in I.T. to support him through school due to the constant calls from school because they could not control him.
    This was despite my requests not to have him placed in mainstream schools that were not set up to support him and didn’t have trained staff. The local council’s dogmatic approach was that all special needs children would be educated in mainstream. Inclusion, they called it. I called it penny-pinching.
    I wanted him to be placed in a specialist school that catered for Autistic kids that was located in the same county, but never received local kids because of the Education Authority’s attitude towards special needs.
    In my son’s case he would try and run away from confrontation and lash out if unable to run away. That, with an inability to understand actions and consequences made him difficult to control and required specialist help.
    To be called by the school to say he had climbed on a roof to avoid bullying and could I coax him down, or a call to say he had broken his nose falling out of a tree avoiding bullies, or that he had lashed out at teachers when they had dragged him forcefully out from under a desk, or that they had called the Police to restrain him because they couldn’t.
    All those were failings of the LEA to support him properly, despite clear evidence that mainstream school wasn’t the place for him. In fact another education authority would have taken a totally different approach and would have educated him in a school that understood his needs.

    • August 21, 2018 at 7:31 am

      I’m amazed to hear that other LEAs don’t have to follow the inclusion policy! I thought it was mandated?

      • August 21, 2018 at 1:04 pm

        It depends on the LEA. Some will allow children into specialist schools if there is a proven need. Others just issue a blanket refusal and cite inclusion rather than fund the specialist environment required, putting staff and pupils at risk. Hence you had the ludicrous situation of a well renowned school in the county full of kids from other LEAs but none from the local area.

  6. Jim
    August 20, 2018 at 1:05 pm

    Look on the bright side, if Master ‘I’m autistic me, I can do what I want’ continues on this path in a mainstream school, eventually he’s going to attack a fellow pupil, who isn’t going to hold back from defending himself, and neither will his mates, and he’ll get a right good kicking. Which may well teach him something, autism or no autism.

    • Errol
      August 20, 2018 at 10:00 pm

      What? What does violence teach us? That some people are bigger than us? What happens when you’re the biggest and all you’ve known is violence? What happens then?

      • August 21, 2018 at 7:31 am

        You join the police?

  7. Dr Evil
    August 20, 2018 at 1:37 pm

    The kid will try that on the wrong child and get the thumping he so richly deserves. Sadly the thumper will be seen as the aggressor and punished or kicked out and the nasty little uncontrollable sh*t will be allowed to carry on.

    • Errol
      August 20, 2018 at 10:11 pm

      My brother’s autistic. He’s never hit another child – or anyone – in his life. Yes, some things are harder for him: how many people do you know who memorize number plates as you walk down a road? but he’s perfectly functional. No, he doesn’t like you moving his rocks around in his garden, but then who would?

      Maybe because we went through school together. Maybe because he was supported at home by – mostly – my Dad. Maybe because the response to his ‘creativity’ wasn’t thuggery but compassion and consideration. You don’t drag an autistic out from under a desk. You let them work under there if they’re happy.

      This is – as Skint Sailor tells us – a failure of the school system to be flexible enough to cope with autistic children. Labour did close all the special schools, with all their special training and equipment. That was stupid but hey, it’s Labour.

      Now my brother has two cats (Pi and Phi) and the oddest thing he does is call them to about 30 decimal places. He’s married to an incredible woman and his fear, his real fear is that he’ll pass on his ‘creativity’ to his children, and be a bad parent. Yes, he still codes under the table.

      As a kidwho was bullied, having met that same bully and seen his cross the street in fear – ‘cos I’m fecking massive – is the wrong way to think about power. The only person I’ve ever threatened is the TV licence man, who said he’d have my dog put down for barking at him when he shouted at my wife.

      • August 21, 2018 at 7:32 am

        “That was stupid but hey, it’s Labour.”

        Who haven’t been in power now for…how long?

        Yet the policies that continue to do so much damage are not reversed.

        Makes you think.

  8. ScotchedEarth
    August 21, 2018 at 12:36 am

    JM: ‘Then no-one will get an education.
    No-one gets much of an education at a state school anyway, they existing primarily to inculcate the worship of the all-encompassing State.
    Home school while it remains legal. At this point, sending one’s child to state schools is effectively at least child neglect if not outright abuse.

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