Question to the Department for Education:

To ask Her Majesty's Government what steps they are taking to ensure that children with special educational needs receive an education and healthcare plan before exclusion from school is proposed.

It is important that schools take appropriate steps to address the underlying causes of poor behaviour, which could include pupils’ special educational needs (SEN). Local authorities have a statutory responsibility to assess whether children and young people have special educational needs that require an Education, Health and Care (EHC) plan. The statutory guidance on exclusions sets out that early intervention measures should include an assessment of whether appropriate provision is in place to support any SEN that a pupil may have. This guidance is available here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/921405/20170831_Exclusion_Stat_guidance_Web_version.pdf.

The law does not prevent a pupil with SEN or a disability from being excluded, however schools have a legal duty under the Equality Act 2010 not to discriminate against disabled pupils by excluding them from school because of their disability. Any exclusion must be lawful, reasonable and fair.

Schools should balance their responsibilities of considering what extra support might be needed to identify and address the needs for children with SEN with their responsibility to ensure that all children are able to experience good quality teaching and learning without disruption in the classroom and without being exposed to risks to their health or safety. The guidance also sets out that schools should, as far as possible, avoid permanently excluding pupils who have an EHC plan.

The department is pursuing an ambitious programme of work on school behaviour and to rapidly improve the availability of good alternative provision, so that permanently excluded children and children at risk of exclusion receive a high-quality education and support suited to their individual needs.

We are investing £10 million in behaviour hubs which will enable schools and multi-academy trusts with exemplary behaviour cultures and practices to work in partnership with those that want to improve their behaviour culture.

Additionally, to help support and equip staff, the Early Career Framework reforms entitle all early career teachers to 2 years of professional development in 5 core areas including behaviour management.

We will revise guidance on exclusions to make it clearer and more consistent, so that head teachers have the information they need to use exclusion properly and proportionately. We will also continue to engage with key stakeholders, including academics, when revising guidance.