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Clifford Chance represents the National Autistic Society in a landmark exclusion case

21 August 2018

Clifford Chance represents the National Autistic Society in a landmark exclusion case

International law firm Clifford Chance has represented the National Autistic Society (NAS) which intervened in a case, brought by the family of an autistic child, to challenge a regulation made under the Equality Act 2010 that effectively allows schools to exclude children with disabilities on the basis that they have 'a tendency to physical abuse' without having to make reasonable adjustments or provide the necessary support to help manage their behaviour.

On 8 August 2018 the Upper Tribunal ruled that, in the context of education, the relevant regulation violates Article 14 of the European Convention for the Protection of Human Rights and should no longer apply to children in education with a recognised condition that is likely to result in a tendency to physical abuse, representing a powerful recognition of the rights of autistic children.

The Clifford Chance team - which included Partner Marie Berard, associates Nadege Huart and Iurii Nikitin, together with Nick Armstrong from Matrix Chambers - acted for the National Autistic Society on a pro bono basis. The NAS was joined to the appeal as an interested party and its evidence concerning the effect of the regulation in question on autistic children was cited with approval in the judgment.