My child keeps being put in isolation. The school has not formally excluded them yet but has said my child is at risk of being excluded. What can I do? What should the school be doing?

Increasingly, schools are using isolation, a serious sanction, as a behavioural management tool. It is often the step before either an exclusion or an off-site direction, and involves a child being confined to a behavioural unit, or being kept apart from their classmates for disciplinary reasons.

What the school should do

Your child’s school should only be using isolation when necessary and for serious disciplinary reasons. Time out of the classroom should be limited, and only at the instruction of a member of staff (page 22 of behaviour guidance for schools). 

It should also only be used once other behavioural strategies in the classroom have been attempted, unless the behaviour is so extreme as to warrant immediate removal (pages 22-23 of the guidance).  If your child keeps being placed in isolation, ask the school’s SENCO or their teacher what other strategies have been put in place, and why they did not work.

Any sanction in school, including the use of isolation, must be lawful, reasonable, and proportionate and fair. By law, the school must consider whether there are any special considerations relevant to its use (which includes your child’s age, special educational needs (SEN) and any disability). Make clear what special considerations you think apply.

All schools must make sure they do not discriminate and put in place reasonable adjustments for disabled children and young people.

The school should review the support (or lack of) your child is receiving:

• The behaviour guidance says schools should consider whether frequently removed pupils may benefit from additional and alternative approaches, a pastoral review or investigation by the SENCO, or whether specific departments or teachers may require more support (page 24). Head teachers and teachers should also consider whether any assessment of underlying factors of disruptive behaviour is needed, and make sure that the Children and Families Act 2014, the Equality Act 2010, and The SEND Regulations 2014 are complied with.
• The statutory exclusions guidance says: “Where a school has concerns about the behaviour, or risk of suspension and permanent exclusion, of a pupil with SEN, a disability or an EHC plan it should, in partnership with others (including where relevant, the local authority), consider what additional support or alternative placement may be required. This should involve assessing the suitability of provision for a pupil’s SEN or disability.” (paragraph 56).
• The Code says: “Persistent disruptive or withdrawn behaviours do not necessarily mean that a child or young person has SEN. Where there are concerns, there should be an assessment to determine whether there are any causal factors such as undiagnosed learning difficulties, difficulties with communication or mental health issues.” (paragraph 6.21).

What you can do

If you think your child has SEN but is currently without any support, ask the school to follow an ‘assess, plan, do and review’ process to identify and support their needs. This is called SEN Support.  If your child is already receiving SEN Support, ask for a review of their support plan, to make sure all of their SEN have been identified, and the right provision (and at the right level) is being put in place. You can refer to the above guidance when you make either of these requests.

If you think the school can and should be doing more to meet your child’s needs, you can use our template letter to alert them to this. Again, remind the school what the guidance says.

You can also ask your local authority (LA) to carry out an EHC needs assessment for your child. Your LA must agree to this if your child has or may have SEN, and they may need support through an EHC plan. You can explain that the school cannot provide the support they need and highlight the number of times they have been put in isolation. You can use our template letter and resources to help you.

If your child already has an EHC plan, ask for changes to be made to it at the next annual review. If that is some time away, ask for an early annual review. A child being at risk of exclusion is a good reason to ask for an early annual review.

You might also want to take action against the school if you feel these incidents (or one of them) have been unlawful, unreasonable, and disproportionate and unfair. This could include making a claim for disability discrimination to the SEND Tribunal (for example, if you think the school failed to make reasonable adjustments for your disabled child).