A primary school in Utrecht was within its rights to send away a pupil suffering from Down’s Syndrome, the Dutch human rights commission said on Tuesday.

The parents of the 13-year-old boy, named as Kubo, took his case to the commission after the school said he had to leave because he had become disruptive.

The boys parents argued their son, who was being taught in group 6 alongside 10-year-olds, had the right to lessons at a normal primary school.

However, the school said Kubo had begun to show ‘undesirable behaviour’ by walking away, shouting and refusing to cooperate. It argued it could no longer offer the boy the education he needs.

The commission ruled the school had discriminated against the boy on the basis of handicap or chronic illness. Rather, the school had provided intensive leadership for eight years and the school could be asked to do no more, the court said in its ruling.

The school organisation has welcomed the decision, broadcaster RTL said. Kubo is currently being educated at home because no other school in the neighbourhood is willing to take him on, news agency ANP said.