Aldwych Legal acted for a SEND student from Connell Co-op College in Manchester who required education law advice in Manchester who faced a permanent exclusion following an incident during a lunch-time trip to a local ASDA. The dispute centres on education law, human rights, and the college’s responsibilities to provide suitable adjustments and support for disabled students.
What Happened
On 24 January 2024, during a lunch break in Manchester, a SEND student accompanied by friends visited a local ASDA. A playful act—one friend placing a small item in the student’s pocket—was misinterpreted by store staff and security as theft. The student, who has autism and anxiety, attempted to explain, but staff restrained them physically and escalated the situation.
Following the incident, Connell Co-op College permanently excluded the student. The family sought our assistance to appeal the decision, drawing on duties under Equality Act 2010 and the college’s own policy to review whether the exclusion was proportionate and properly justified.
Legal Issues
- Equality Act 2010: failure to make reasonable adjustments for autism and anxiety; equalities duties; not disadvantaged.
- Education and Inspections Act 2006: proportionality; last resort; incident outside college premises; single triggering event.
- Human Rights Act 1998: right to education and fair treatment; potential breach due to lack of consideration of SEND needs.
- Connell Co-op College’s Suspension and Exclusion Policy: fair and consistent application; failure to consider SEND and mitigating circumstances adequately.
Our Approach
At Aldwych Legal, we prepared a robust appeal focused on fair and consistent application of disciplinary measures, ensuring the college reviewed comparable cases to avoid disproportionate exclusions.
We highlighted mitigating circumstances including the student’s recent trauma as a victim of violence, and the impact of SEND on behaviour and communication.
We argued for proportionality—permanent exclusion should be a last resort—and challenged the college to ensure reasonable adjustments under the Equality Act were made in decision-making processes.
We engaged in pre-action correspondence under the Civil Procedure Rules (CPR) and prepared expert input from SEND professionals to interpret the student’s needs and support a thorough review, including witness statements and CCTV evidence.
Outcome
Following the appeal, Connell Co-op College overturned the permanent exclusion and reinstated the student, subject to a revised Education and Support Plan. The plan includes reasonable adjustments, SEND specialist input, and regular reviews. The college also committed to a policy-wide review to ensure consistent handling of SEND cases.
Result / Why It Matters
This case demonstrates Aldwych Legal’s ability to secure rights-based, practical outcomes for SEND students through targeted advocacy, expert analysis, and constructive policy reform.
