Question to the Department for Education:

To ask the Secretary of State for Education, whether her Department issues guidance to schools on the use of discipline for children with special educational needs and disabilities; and if she will have discussions with (a) schools and (b) other stakeholders on the use of discipline in schools for children with special educational needs and disabilities.

Schools need to manage behaviour well, so they can provide calm, safe, and supportive environments where all pupils and all staff can work in safety and are respected. No pupil should miss out on education because they feel unsafe, because their lesson is disrupted, or fall behind because their needs are not identified and supported.

The Behaviour in Schools guidance 2022, focuses on how schools can proactively support all pupils to behave appropriately through explicit teaching of what good behaviour looks like and highlights the need for mutual respect and kindness between staff and pupils. The guidance can be found here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1101597/Behaviour_in_schools_guidance_sept_22.pdf.

It acknowledges that positive relationships can be built in environments where there is predictability, fairness and trust, and in these environments, pupils with additional needs can be better supported to meet a school’s behaviour expectations.

All schools are required by law to have a behaviour policy which outlines effective strategies that will encourage good behaviour and the sanctions that will be imposed for misbehaviour. The Department trusts head teachers to develop behaviour policies which reflect their school’s individual needs.

Any school behaviour policy must be lawful, proportionate and reasonable and comply with the school’s duties under the Equality Act 2010 and the Education and Inspections Act 2006. Account must be taken of a pupil’s age, any special educational needs or disabilities they may have, and any religious requirements affecting them.

The updated draft Behaviour in Schools guidance went out for public consultation for eight weeks, closing on 31 March 2022. During this time, over 40 stakeholder events were held including meetings with schools and head teachers, unions, charities, and other stakeholders. The consultation received over 850 responses. The findings were analysed and are outlined in the Government’s consultation response which can be found here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1090090/Government_response_to_Behaviour_guidance_and_Exclusions_guidance_consultation_July_2022.pdf.