Press Release
Excluded six year old with diabetes wins school apology
2 February 2006
A school which excluded a six year old with diabetes because of his condition has been forced to apologise to the boy and reimburse his school fees.
Rupert Knell’s parents, Kai and Peter Knell, who challenged the school’s decision under the Disability Discrimination Act, were backed by the Disability Rights Commission (DRC).
Rupert, who was a pupil at Sunninghill Preparatory School in Dorset since he was two, has Type 1, insulin-dependent diabetes.
Rupert’s parents had agreed a protocol with the school which meant Rupert, under supervision, would test his blood sugar levels several times a day and staff would provide him with a snack, if needed, after the test. Rupert’s insulin injections were administered by his parents at home. Rupert’s consultant paediatrician recommended self-testing as he thought it would lead to a better chance of detecting a hypoglycaemic episode.
However, on Friday 11 March 2005 when Mrs Knell arrived to pick Rupert up from school, she was told that Rupert would have to leave Sunninghill. The school had already packed Rupert’s personal belongings.
The following Monday, the Knells received a letter from Sunninghill stating that without full time support Rupert could not continue at the school. The Knells were told that this decision was made following a risk assessment and consultation with staff and governors. As Sunninghill is an independent school, Rupert’s parents would have had to pay for a full time carer for him.
Rupert’s father Peter Knell said: “What made us angry was the shameful way in which Rupert was excluded from school – with no notice and no time for Rupert to say goodbye to his friends. We weren’t consulted about the exclusion or given any reason why he needed a full time trained carer. If we’d been invited in to discuss the school’s concerns before the exclusion we could have avoided legal action.
“But I’m pleased the matter has now been resolved and Rupert is happy in his new school. I hope that Sunninghill honours its promise to review its procedures so that other children don’t suffer the same humiliation as Rupert.”
DRC Chairman Bert Massie said: “Excluding a six year old from school because of his diabetes shouldn’t have happened. We are all glad that Rupert is now happy in his new school and can put this incident behind him. What is deeply regrettable, though, is the fact that many of our schools are too quick to show disabled pupils the door rather than provide the support that the law requires”.
Since 2003, the DRC has received 6,476 calls to its helpline from parents and disabled students about unfair treatment they have experienced in the education system. Complaints range from the refusal of help to administer medication; not being allowed on school trips; poor physical access on school premises; refused attendance at after school clubs; exclusions and a lack of help with transport to and from school.
David Ruebain, Head of Education and Disability Law at Levenes Solicitors, who was instructed by the DRC to represent Mr and Mrs Knell in their Disability Discrimination Act Claim, said that: "Rupert's treatment by the school was clearly unlawful under the Disability Discrimination Act. It would appear that, unfortunately, many schools seem unaware of the requirements of the legislation but I am very pleased that matters have now been resolved.”
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