A Trowbridge mum has won a disability discrimination case against Clarendon Academy School after her child was regularly excluded from lessons.

The 13-year-old – whom the school refers to as ‘R’ - and his mother cannot be named for legal reasons after a special educational needs and disability tribunal ruled the boy should not be identified.

She brought 10 claims against the school and its governing academy body, the Acorn Trust, under Section 85 of the Equality Act 2010 after becoming concerned about its treatment of her son from July 2022 to November 2022.

The mum claims the boy – who suffers from autistic spectrum disorder and other conditions and has learning difficulties - was subjected to five fixed-term exclusions between September 2022 and November 2022 totalling 17 days.

The boy was also excluded from a Year 7 summer camp in July 2022, mainstream classes and from the school site from November 2022 until April 2023.

She asked the Clarendon Academy to make ‘reasonable adjustments’ to facilitate her son’s participation in mainstream classes and sporting activities but it failed to do so.

She told the tribunal: “I wanted my son to remain on roll at Clarendon and be supported to effectively engage in learning on the school site, and for my son to feel an equal and valued member of the school community.

“I wanted my son to be listened to and given opportunities to explain when things go wrong and be supported to manage situations better in the future.

“My son would benefit from a culture of praise rather than as currently one which is sanction-based. My son will need support to rebuild self-confidence and self-esteem.”

But she says the Clarendon Academy failed to act on her concerns and treated her son as a disruptive influence and a danger to the school. The boy was regularly excluded from lessons and then from the whole school site from November 2022.

The school argued that the five exclusions were a "proportionate means of achieving a legitimate aim" and intended to safeguard staff and pupils and uphold its behaviour policy.

Senior managers blamed the boy’s behaviour on his home environment rather than on medically-diagnosed conditions but later changed their stance on this during the tribunal hearings in October and December last year.

The tribunal upheld two claims of exclusions from classes totalling eight days in September and November 2022 and ruled the school had unlawfully discriminated against the boy for reasons relating to disability.

But it dismissed three similar claims relating to exclusions in October and November 2022 totalling nine days.

It also ruled the school had unlawfully discriminated against the boy in respect of five further claims relating to his exclusion from the summer camp, sports activities, mainstream classes, offsite provision and the school’s failure to make reasonable adjustments.

The tribunal extended the time on Claim 6, concerning the school’s decision to exclude the boy from the summer camp on July 12 2022.

It said it was “imperative” that the boy return to school on a full-time basis and be taught, even if some of the provision is with a home tutor in school.

Rob Price, Clarendon Academy’s executive headteacher, said: “We accept the findings of the tribunal and will continue to work closely with the family to support R and meet his needs.”

The tribunal’s decision has been sent to Ofsted and the local education authority and the school ordered to improve its treatment of children with neurodiversity and special educational needs.

All senior managers at the school and at the Acorn Trust have been ordered to undertake training on the 2010 Equality Act.