A pupil who was expelled from school for his behaviour has won an appeal on the grounds of a disability.

A hearing was held earlier this month after the North Ayrshire schoolboy was previously excluded from education.

Public minutes from the private meeting of North Ayrshire’s education appeal committee state the child’s parent asked that his partner and the child himself be present and that the child be allowed to give evidence.

Provost Cllr Ian Clarkson, who chaired the meeting, invited the education representative to make their case before the appellant. His representative and the committee were allowed to question them.

The appellant was then invited to present his case and the child was given the opportunity to give evidence – but advised he did not want to discuss the matter.

The committee agreed to uphold the appeal and annul the education authority’s decision to exclude the pupil.

Meeting minutes stated: “The appeal committee were of the view that the behaviour displayed by the child in the lead up to the exclusion was as a result of his condition.

“Whilst it was unclear whether the child had any formal diagnosis, the appeal committee was satisfied that there was sufficient evidence to support the child having a disability and, therefore, that he be afforded the protection of the Equalities Act 2010.

“The appeal committee felt that the school exercised all the strategies available to them and recognised that they had a duty to other pupils, but ultimately was of the view that the behaviour displayed by the child in the lead up to the exclusion was as a result of his condition.

“The committee noted that it was agreed by those involved with the child that the school did not meet the needs of the child and that alternative provision be explored. The committee encouraged all efforts to be made to identify a suitable learning environment for the child.”

A North Ayrshire Council spokesperson said: “We wouldn’t comment on individual circumstances of any disciplinary actions relating to any of our pupils.

“Exclusion from school is only ever used as a last resort and there are processes in place to appeal any decision made.”