A school has been ordered to apologise to a pupil and his parents and update its behaviour policy after a tribunal found it had discriminated against him. An Education Tribunal Wales hearing concluded that St Joseph's Catholic School in Port Talbot failed to reasonably support Kian Mills and discriminated against him in the way it applied its behaviour policy.
After the hearing the 15 year-old's parents, who took their son out of St Joseph's last June and now home educate him, said his ADHD and dyslexia weren't taken into consideration. Aldon and Julie Mills said that rather than being helped at the school Kian had so many detentions, exclusions and isolations for "tiny things" that they were "worried for his wellbeing".
Matters came to a head in June 2024 when Julia was called in to be told their son, then 14, would receive another spell in isolation. She said that to that point Kian had had more than 250 sanctions , including exclusions, isolations and detentions during two years at the school and "enough was enough". Stay informed on everything Neath Port Talbot by signing up to our newsletter here
We took him out of school in June of year nine because they were going to give him isolation again and I thought that enough is enough," she said."
"The system is not working for many, many families. At school Kyan was so unhappy he was getting depressed."
Kian enjoyed primary but when he moved up to secondary problems started and they believe he was labelled naughty and "persecuted". Under strict Covid lockdown return rules at the time pupils had three 100 minute lessons in the same classroom each day broken up by breaktime and lunch.
Staying in one room and focused for such long periods were especially hard on their 11 year-old son full of energy and with at the time undiagnosed ADHD. When Kian couldn't stay still and work like other pupils, without additional needs, he got in trouble until it became a cycle, they said.
"I started to question the sanctions," said Julia, who suspected her son had ADHD and paid £950 for an assessment Kian's ADHD diagnosis came through the following year when he was in year eight and Julie said the school was informed.
But Kian still didn't get the help he needed with his ADHD. Julie said that at one parents' evening it became clear that not all his teachers knew of the diagnosis and his schoolwwork was suffering..
The boy's worried parents contacted the school, its governors, the local education authority and even the Children's Commissioner to get him the support he needed but said that never came. Julie, who works for the NHS and Aldon, who works for the probation service, want to share their story to help others' with ADHD and other additional needs, who may be going through the same thing.
They said their son had enjoyed primary but arriving at secondary he couldn't always focus or regulate his behaviour in the strict lockdown return rules because of his ADHD. The schoolboy was finally given an Independent Development Plan in June 2023 after Julie raised the matter with the then Education Minister Jeremy Miles.
But she said by that time it was too late and Kian's relationship with school had broken down. A year later after scores more punishments and sanctions and isolations and knowing he wasn't even progressing in his work his parents took him out..
Julie then took her son's case to an Education Tribunal for Wales where she represented her son herself and the school was represented by the headteacher listed as Dr John Felton, also known as Anthony Felton.
Kian's mother believes the system failed her son and wants to see change to help others. She fears many children are in the same situation and losing their education rather than getting support to stay in school.
The tribunal, which began in December 2024 concluded in Kian's favour on January 9 this year. St Joseph's appealed the decision but permission to appeal was denied by the tribunal service earlier this week.
The successful claim was brought by Julie against the responsible body of Saint Joseph’s under the Equality Act 2010 on the basis that the school discriminated against Kian. The teenager and his parents have now received separate letters of apology from the school.
In its final oder the tribunal stated that: "St Joseph's Comprehensive School has discriminated against Kian Mills by failing to put in place reasonable measures to support him at school and by its application of its behaviour policy"
In his conclusion tribunal judsge Paul Allen found that: "(the school's) approach that pupils should be on time for lessons, should be present in lessons, should not fidget or move around or distract others, and should all produce the same amount ofwork, would put a disabled child at a particular disadvantage, and put Kian at a substantial disadvantage compared with a pupils who were not disabled".
He said: "from the evidence presented the breakdown of mainstream education was entirely preventable” but added that the head and senior management should be credited for "reflection and taking a fresh look at its policies".
Julie said while apologies and the tribunal's ruling and proposed remedies are important they aren't enough to persuade her to send the teenager back to school.
The Education Tribunal For Wales panel chair judge Paul Allen also ordered that the following remedies be put in place:
Kian’s education records will be added to, to show that there has been a tribunal decision that he has not been adequately supported in school and has been discriminated against, by January 31 2025.
Training of school staff and school governors will be carried out in relation to the newly adopted behaviour and additional learning needs policies and how they must be applied by the30th of April 2025 and a letter confirming that is has been carried out will be sent to the tribunal by the school’s headteacher by the 5th of May 2025.
Training of school staff and school governors will be carried out in relation to neurodiverse pupils and the challenges they face, and in relation to the Equality Act 2010 and disability discrimination, by the end of the summer term 2025, and a letter confirming that is has been carried out will be sent to the tribunal by the school’s headteacher by September 30 2025.
Julie cried when the matter ended because she was so relieved. While she and Kian's father would he was in school with the support he needs they are not confident that will happen.
For now they will continue to educate him at home in Port Talbot. But Julie worries many children taken out of school for similar reasons don't get the support they need for quality education at home and that the system isn't working.
"There was nowhere we could turn when things went wrong. Home education is not a choice and we do it with great difficulty," she said, "with the right support in place I would love him to be in school with his friends - it's sad that he's not with his friends and learning social skills."
Julie, who went to St Joseph's herself, and whose three older children also attended without problems, believes that schools and policy makers need to consider why there are growing absence rates and problems with behaviour and rising numbers of home educated children.
She thinks the education system needs changing and isn't working for some children and teenagers, especially those with ALN. Isolation was a particularly cruel punishment that could just make things worse and many sanctions "serve no purpose", she believes.
"Things go wrong for children like Kian and they can be failed. We will try our best (at home education) but some parents don't have a clue. "The system is not working for many, many families. At school Kian was so unhappy he was getting depressed"
Aldon agreed: "I really did not want him to go to school because of the way he was treated. No one seemed to be listening.
"Children going through this don't have a voice. Sometimes things are just allowed to continue.
"There is no clear way to complain or make a query and no obvious route to navigate what happens if a child has ALN. Kian was in a dark place and it was not him to be that low.
"He did not suit the system because he was persecuted. He lost his trust and confidence, but it's coming back now.
"Councils should do more to support schools. They seem so defensive if you question them. The bottom line is Kian has gone through damage. To prevent other children being affected we want to highlight this."
The teenager, who enjoys sport, nature, DIY and cooking, hopes to be a chef one day. He said he is happier now not being in school because it was so upsetting constantly being in trouble and "not heard".
"It's a lot better not being in school," he said, "No one was listening to me. It was frustrating."
Kian said he had wanted school to work but felt he was "labelled": "I wanted to ask if we could do something about it," he said.
For now "doing something about it" means learning at home and he is happier with that.
Asked to comment on the tribunal's ruling a spokesperson for Neath Port talbot Council said: "The council is unable to comment on individual cases and it would be inappropriate to comment on specific issues."
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