The Unit in which this Incident took place provides day care and education. Children follow the National Curriculum attend class and outside activities and are supported by Teachers and Learning Support Assistants. The aim of the unit is to remove barriers to learning and facilitate inclusion for the pupils of this unit. As the barriers to learning are multi -faceted, staff work closely with a range of support agencies to differentiate teaching and learning appropriately, (See Appendix 1) whilst in the unit the children attend sessions with Occupational Therapists and Physiotherapists. The incident relates to one such session with the Physiotherapist that the client in question did not want to participate in. On being called from the classroom to attend his “timetabled” exercise session Alex made it clear that he felt tired and unwell and did not wish to take part in this session. On further questioning Alex became agitated and abusive towards the teacher and learning support assistant as they were insisting that he needed to attend as it was within his timetable. Alex was taken to the session by both members of staff in his wheelchair against his wishes.
The Mental Capacity Act
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