SEND reform: the impact on behaviour challenges

Across the sector schools are already being impacted by the increase in children requiring additional support to meet their special educational needs and disabilities (SEND). An increasing number of schools are finding that they are named in a child’s Education, Health and Care Plan (EHCP) even where they have stated that they would be an unsuitable setting during the consultation process.

One of the concerns that we often see when a school is considering whether their setting is suitable for a child is that of behaviour management, and particularly the safety of the child and of other pupils where there is a behaviour incident.

For example, a child with an EHCP may have sensory needs, meaning that busy and noisy school environments could lead to dysregulation. This projects itself in a range of behaviours depending on the individual child, but in some cases can lead to the child attempting to run away from the school premises, climbing into trees or onto roofs to remove themselves from the sensory trigger, or in some cases displaying aggressive behaviour to themselves and others. These scenarios can be particularly challenging for schools to manage.

With the government’s proposed reforms to the SEND system, including the universal offer of support across all schools, we anticipate that schools will face increased challenges in managing the support required for all pupils including those with SEND.

Suspensions and exclusions of pupils with SEND

The department’s data on suspensions and permanent exclusions gives some insight into the challenges currently being faced across schools. The most recent data highlights that:

• The suspension rate for pupils with SEN support was over four times the rate for pupils with no identified SEN
• The suspension rate for pupils with an EHCP was three times the rate for pupils with no identified SEN
• The permanent exclusion rate for pupils with an EHCP was more than four times the rate for pupils with no identified SEN
• The permanent exclusion rate for pupils with SEN support was six times the rate for pupils with no identified SEN

This reflects that pupils with SEN and EHCPs can find it more challenging to comply with the behaviour expectations set out in school behaviour policies. However, schools must be alert to the requirements placed on them to support pupils with SEND where there are behaviour challenges, rather than immediately resorting to suspension or permanent exclusion.

Reasonable adjustments to support pupil behaviour

The department sets out its expectations in respect of supporting pupils with SEND to meet behaviour expectations in the statutory guidance “Suspension and permanent exclusion from maintained schools, academies and pupil referral units”.

Pursuant to their duties under The Equality Act 2010, schools are required to make reasonable adjustments for disabled pupils. In practice, this duty applies to disciplinary sanctions imposed by schools, and the suspensions and permanent exclusions process,. When fulfilling this duty, in ensuring that appropriate special educational provision is made for pupils with SEND, schools need to consider any support which is required in relation to behaviour management.

The first stage in considering reasonable adjustments to support behaviour should be reviewing whether reasonable adjustments need to be made to behaviour expectations to support pupils with SEND or an EHCP to meet the school’s expectations. Reasonable adjustments should be specific to the individual child, but could include adaptations to uniform expectations, allowing the pupil to wear noise reducing headphones, or providing a fidget toy during class.

The second stage in putting reasonable adjustments in place is considering whether reasonable adjustments need to be made to sanctions. For example, if the sanction for disruptive behaviour in class would ordinarily mean the pupil being required to be removed from the classroom to work elsewhere, for a child with SEND the school should consider whether reasonable adjustments need to be made. This could mean changing the location where the child will be expected to work or allowing the sanction to be served across a number of days to allow for extended breaks.

What steps should schools take where a pupil with SEND or an EHCP is displaying challenging behaviour?

When supporting pupils with additional needs, it is important for schools to engage proactively with parents. This means that, where there are concerns about the behaviour, or risk of suspension and permanent exclusion, of a pupil with SEND or an EHCP, the school should consider what additional support or alternative placement may be required. This should involve assessing the suitability of provision for a pupil’s SEND.

There are additional expectations where a pupil has an EHCP plan. In these cases, the school should contact the local authority to discuss behavioural concerns at an early stage. Schools should also consider requesting an early annual review. These steps should be taken before any decision is made to suspend or permanently exclude the pupil.

Of course, not all pupils with SEND have an EHCP. For those pupils the school should explore whether any changes are needed to the current support arrangements, and behavioural challenges may mark a need to request an EHC assessment.

Practical steps for schools

With upcoming reform to the SEND system, schools can take proactive steps to ensure that they are well placed to manage the expected increase in the support required for children with SEND.

Reviewing policies and procedures, such as behaviour policies, SEND policies, and suspension and exclusion policies, can ensure that the school has a solid foundation to its support for children with SEND.

However, beyond this, schools must ensure that staff understand the obligations placed on them and the practical implementation of policies and procedures. Staff training is therefore vital to ensuring that, across the school, pupils with SEND are offered the support and reasonable adjustments necessary to enable them to meet behaviour expectations, and pupils are not subjected to suspensions and permanent exclusion before other avenues are explored as required.

Coral Peutrill is an Associate at Forbes Solicitors.