First tribunal ruling sends warning to Childcare providers

Operators of services for children with learning disabilities could face a tougher inspection and regulation regime after a girl was raped by at least one pupil and then expelled at a residential school in Hampshire which Ofsted inspectors had judged to be outstanding’. In January, the First Tier Tribunal published a verdict ruling that the school, which cares for children with learning disabilities, unlawfully discriminated against the girl with an autism spectrum disorder who had a statement of special educational needs and whose condition rendered her emotionally and sexually vulnerable. The school had not developed any strategy to cope with these disabilities, in particular, how not to engage in inappropriate sexual behaviour and, consequently, protect her from abuse which resulted in the rape. Following the attack, her parents were told to remove her from the school on the grounds she had broken the school rules regarding sexual activity. Using powers under the Equality Act 2010, the tribunal ruled that the Department for Education should consider whether or not to cancel the school’s registration and ensure all staff and governors are trained in duties arising from the Act and adjustments reasonably required by pupils with autism.