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Parents lose Education Qld court battle

Cheryl GoodenoughAAP
The full Federal Court has rejected Peter Connor's case that a school discriminated against his son.
Camera IconThe full Federal Court has rejected Peter Connor's case that a school discriminated against his son.

The father of a boy with behavioural issues has lost another round in his legal battle against Education Queensland.

Peter Connor was embroiled in a bitter legal battle over his son Beau's treatment at a school in Hervey Bay between 2011 and 2015.

He alleged the boy was discriminated against by being suspended from school and subjected to physical restraint and isolation from classmates.

The Federal Court earlier agreed that Beau - who suffers from disabilities and conditions like oppositional defiant disorder - had been suspended, restrained and isolated.

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But the court concluded "none of the treatment to which Beau had been subjected had been visited upon him by reason of his disabilities".

The full Federal Court on Thursday rejected Mr Connor's appeal against the earlier dismissal of his case.

In his earlier judgment Justice Darryl Rangiah found Beau was restrained "in response to a risk of harm to students, staff or Beau himself". On some occasions the boy had already assaulted students or staff.

Staff told the court holding a child's hands was a common way to restrain a student.

The court rejected claims Beau had suffered a fractured arm from being dragged, been scratched when put in a withdrawal room and was subjected to physical harm.

One teacher said she was left with open wounds and covered in spit after an altercation with Beau. He also kicked, punched and spat at the principal on another occasion.

"I accept that the physical restraints of Beau were reasonable, proportionate and the minimum necessary," Justice Rangiah said.

Beau was also placed in a withdrawal room - to give him an opportunity to calm down before returning to class - with the court finding this was due to his behaviours, not a disability.

"I infer that a student without Beau's disability who engaged in the same behaviours that created the same risk of harm to themselves, other students or staff, would have been placed in the withdrawal room," Justice Rangiah said.

In a hearing last year Beau and his father argued Justice Rangiah's judgment "was the product of error", but the full Federal Court disagreed, dismissing the appeal.

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