How do we apply a behaviour policy fairly to SEND pupils?

The governing principle

Apply the policy consistently, but make reasonable adjustments where a SEND pupil’s behaviour stems from disability: before you sanction, ask whether it arose from unmet need, or it may be unlawful discrimination. The Department for Education says the same thing in plainer terms: consider whether a pupil’s special educational needs or disability contributed to the behaviour, and whether it is appropriate and lawful to sanction them at all Behaviour in schools, SEND section.

The step most policies miss

The duty is anticipatory, not just reactive. The legally load-bearing move is not making an adjustment at the sanction point — it is adjusting the behaviour policy in advance for pupils whose disability is known or could reasonably be known, because a one-size-fits-all policy can put a disabled pupil at a substantial disadvantage Equality Act 2010, s.20. The duty does not require a diagnosis or an EHCP (Education, Health and Care Plan). It bites whenever the pupil meets the Act’s definition of disability and the school knew, or ought to have known.

The ordered process

1. Anticipate likely triggers and adjust the policy proactively for pupils whose SEND is known or reasonably suspected.
2. Before applying any sanction, ask whether the behaviour arose from the pupil’s SEND or disability.
3. If it did, adjust the sanction proportionately rather than apply the standard tariff mechanically.
4. Record the adjustment and the reasoning, then review the pupil’s SEN Support so the trigger is addressed, not just the incident.

Why “we treated everyone the same” is not a defence

Applying the tariff identically to every pupil feels fair, but consistency is not the legal test. A school discriminates if it treats a disabled pupil unfavourably because of something arising from their disability and cannot show the sanction was a proportionate means of achieving a legitimate aim Equality Act 2010, s.15. So sanctioning a behaviour that is a manifestation of disability, without adjustment, can be unlawful even where the policy is applied evenly to everyone. The same duty governs suspension and permanent exclusion decisions: failing to adjust where behaviour is a manifestation of disability makes an exclusion harder to justify DfE exclusion guidance, 2024. If a parent challenges a sanction as discrimination, the question a tribunal asks is proportionality, not whether you were even-handed.

For the related decisions, see can my SEND child be excluded from school? and is a reduced timetable legal for my SEND child?

This page is general information, not clinical or legal advice.