Question to the Department for Education:

To ask the Secretary of State for Education, what assessment she has made of the compliance of school disciplinary policies with the Equality Act 2010; and what assessment she has made of the impact of those policies on people (a) with a protected characteristic, (b) who identify as neurodivergent and (c) with a diagnosed mental health condition.

In July 2022, the department published updated guidance on the ‘Behaviour in Schools and Suspension and Permanent Exclusion’ statutory guidance. These documents provide clarity and support to schools on how to manage behaviour well for all pupils in the school community.

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.

Schools have a duty under the Equality Act 2010 to take such steps as is reasonable to avoid any substantial disadvantage to a disabled pupil caused by the school’s policies or practices. Within these legal parameters, it is then for individual schools to develop their own policies.

As part of any graded inspection, Ofsted will make a judgement on behaviour and attitudes. If a school is judged inadequate for its overall effectiveness, this triggers powers to intervene to secure improvement. Where a school is judged to require improvement on two or more consecutive occasions, the department may also intervene. If there are any concerns regarding a school’s behaviour policy, these should be raised through the normal school complaints procedure.

The department does not collect data on the impact of disciplinary policies on children who have a protected characteristic, identify as neurodivergent, or a mental health diagnosis.

The National Behaviour Survey runs termly to track experiences and perceptions of pupil behaviour in schools and includes data on pupil’s perceptions on whether the rules on behaviour are applied fairly to all pupils. The most recent data available is for the 2021/2022 academic term, and is available here: https://www.gov.uk/government/publications/national-behaviour-survey-reports.