13 July 2026

At this time of year, we often hear from families whose disabled children have been excluded from things like end of year proms and days out, because of what the school describes as negative behaviour.

This can be very upsetting. But is it lawful? Let’s look at what schools can do – and also what they must not do – in relation to school events and behaviour policies.

The key point is this: If a disabled pupil is excluded from an important school event because of behaviour linked to their disability, this may be unlawful, particularly if the school has not made reasonable adjustments.

Schools’ behaviour policies

Schools are entitled to have a behaviour policy and to sanction pupils whose conduct falls below the standard reasonably expected of them.

However, any such policy (and the way schools apply it) must comply with the Equality Act 2010.

When is a pupil “disabled” under the law?

This definition is broader than many people realise. It’s not limited to pupils who use wheelchairs or those with a formal medical diagnosis. In fact, a diagnosis is not even required under section 6 of the Equality Act 2010. This says a person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

The key question is whether the pupil’s impairment has that level of impact. Even if the impairment is not visible to others, it may still significantly affect the pupil’s everyday life.

Other children may have conditions which automatically deem them disabled under the law, and you can read about these here.

What approach should schools take to disabled pupils?

Schools must not discriminate against disabled pupils in any aspect of school life. They must make reasonable adjustments and provide appropriate support so that disabled pupils are not placed at a substantial disadvantage relative to their non-disabled peers because of their disability.

What this means depends on the nature of the pupil’s disability. For example, if a pupil has reading and writing difficulties, the school may need to provide coloured overlays, pen grips, adapted keyboards and computer software.

The Technical guidance for schools in England, published by the Equality and Human Rights Commission, is clear that the duty to make reasonable adjustments also applies to a school’s exclusion or sanctions policy. Schools should not automatically impose the same consequences if a pupil's behaviour is linked to their disability.

The guidance gives an example of a pupil with learning difficulties who frequently gets up from his seat in class and disrupts other pupils. Rather than sanctioning this pupil in line with its behaviour policy, the school may need to adapt its usual approach and consider what it could do to help the pupil stay seated in class.

Unfortunately, schools do not always appear to recognise the difference between behaviour that is a choice and behaviour that is linked to a child’s unmet special educational needs and disabilities. It is essential that schools have a good understanding of how special educational needs and disability are defined, and how they can affect a pupil's behaviour, so that appropriate support can be put in place. Without this understanding, schools risk punishing children for behaviour that may be linked to their needs or disabilities and which they may struggle with or be unable to control.

What if a disabled pupil has been excluded from a school event because of their behaviour?

If the behaviour which led to the exclusion was linked to the pupil’s disability, any exclusion from the school event will only be lawful if the school can show it was a “proportionate means of achieving a legitimate aim”.

This means that the school must have a good reason for excluding the child and be able to show that excluding them was a fair and reasonable way of achieving that aim. The school should also be able to explain why there was not another way of addressing the issue which would have had less impact on the child.

While it may be fair for a school to want to promote positive behaviour amongst its pupils and reward positive conduct, it will be difficult for it to justify excluding a disabled pupil in these circumstances, unless they have genuinely considered and put in place appropriate support, as mentioned above.

Let’s consider a pupil who has a disability which means that they struggle with time keeping and organisation. They are given a negative behaviour point each time they are late for class or do not hand in homework on time. Their school has a policy of not allowing pupils with a certain number of negative behaviour points from attending end of year school events, like special days out or discos.

In this situation, it will be hard for the school to justify not allowing the pupil to attend the event if they did not consider and put in place appropriate support to help the pupil be on time for class and hand in their homework on time. The school may, for example, have needed to consider reminders, organisational support or other reasonable adjustments before imposing sanctions for lateness or missed homework.

What can a parent do?

If this has happened to your child, you may wish to make a complaint to the school. Where appropriate, you can also consider bringing a disability discrimination claim in the SEND Tribunal.

In practice though, there may not be enough time to resolve the issue through these routes before the event takes place. In this situation, parents may also wish to speak to the school’s Inclusion Lead (if there is one) and contact your local authority’s Inclusion Officer to see if they can help.

If you are concerned that your child has been treated unfairly because of their disability, you can book an advice line appointment or use our call-in service.

You can also find more information about disability discrimination here.

The Government’s planned SEND reforms

We are concerned that the Government’s proposed SEND reforms would reduce the enforceable rights currently available to children, young people and parents. We think this would likely lead to a situation in which disability discrimination claims may become an increasingly important route of redress where concerns relate to a school or college's treatment of a disabled child or young person, including failures to make reasonable adjustments or provide appropriate support.

Ofsted's new inspection framework, which is due to come into effect in September 2026, places greater emphasis on how well schools identify and support pupils with special educational needs and disabilities. This reflects a wider focus on inclusion across the inspection framework.

An important part of inclusion is whether disabled pupils are able to take part in school trips, special events and other school activities alongside their peers. Schools should therefore think carefully before excluding disabled children from these opportunities because of behaviour that may be linked to their disability.

About the author 

Mitra originally worked for for IPSEA as a Helplines Adviser supporting parents over the phone and by email, but is now a member of our Legal Team. Mitra started her career in law and most recently worked in a SEND consultancy business. Mitra has 2 children at school, and a busy family life. In her free time, she enjoys spending time with family and friends, listening to music and podcasts.