October 2023

We regularly hear from parents whose children with special educational needs (SEN) have received a detention and want to know if the school has acted legally.

On this page, we explain what power a school has to issue a sanction, such as a detention, what it needs to consider first and what action you can take.

Sanctions include loss of privileges, missing break times, being put into internal exclusion (sometimes called “reflection” or “reset”), setting written tasks as punishment and detentions.

If your child is suspended or excluded please see our page on exclusions instead, because different rules apply.

What are schools allowed to do?

Every school will have a behaviour policy. It should be available on the school’s website, and if you can’t find it you should ask to see it. It will say what the school rules are, what it expects from pupils, and what happens if they misbehave (including outside of school, for example, when travelling to and from school).

Teachers can sanction pupils whose conduct falls below the standard which is reasonably expected of them. When poor behaviour is identified, sanctions should be implemented fairly and consistently in line with the behaviour policy. Sanctions can include issuing detentions to pupils under 18 years old.

Your child’s school does not need your consent before issuing a sanction - including a detention. Detentions can take place during school hours and in some circumstances (and if reasonable to do so) outside of school hours.

My child has SEN. Shouldn’t the school consider this?

Your child’s school must make sure any sanction is lawful. One of the requirements is that:

• the sanction is not in breach of any statutory requirement or prohibition (for example in respect of disability or SEN), and
• it is reasonable in all the circumstances.

 When deciding if it is reasonable, schools must consider whether the sanction is a proportionate punishment in the circumstances. It must also consider any relevant special circumstances which are known (or of which they ought reasonably to be aware), including the pupil's age, their SEN, and any disability. In addition, all schools (including independent ones) must comply with the Equality Act 2010 and make sure they do not discriminate against disabled pupils.

What can I do?

If you feel school did not take into account any underlying causes such as unmet SEN, or whether your child’s SEN or disability contributed to the situation, then you should highlight this to the school and if this does not resolve matters, then you can take action.

If your child is receiving lots of sanctions, this may be a sign that they are not getting enough support from school or college and it should be doing more to identify and meet their SEN. You could also ask for an EHC needs assessment, as this will make sure all their SEN are fully understood and may lead to an EHC plan if necessary. 

If your child already has an EHC plan, lots of school sanctions could mean that they are not getting the right level or type of special educational provision. You can try to change the provision set out in Section F of their EHC plan by appealing it to the SEND Tribunal if it has been recently issued, or during the annual review. You could also ask for an early annual review if you feel this is needed.  

If you would like more support, you can book an appointment to speak with us.