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Teacher ask for child to be collected from school because he was throwing things

What support can I access to assist my son, who has been having behaviour issues that have been increasing for 6 weeks? He has been vocally matching other children in the class (it is important to add that my son is verbal, and the other children are non-verbal, as in they do not communicate using words, but I guess they communicate both using their device and vocally). My son will continually be vocal and disturb the class, hit the teacher, hit other children, throw things at the assistant teachers and other children. He has an autism diagnosis (level 3) and has been attending the education support classes at the same school for 5 years without any behavioural issues until recently.
The first 4 weeks, this behaviour was communicated to me by writing in the communication diary, which is kept in his school bag, by speaking with Dad after school during pick-up, and through a behaviour support plan that was sent home for me to sign and return the following day. The strategies included him requesting a break, requesting to go to another class, or the sensory room. If this is done five times, he is rewarded with a treat. During this time, I expressed wanting to meet with them because of the things written in the diary, but his dad, the messenger, let me know they (the teachers) said this was not necessary because they thought they could deal with it, and the strategies they were using were helping.
Last week, I requested a meeting in writing via email, and we met later in the week. I said I was concerned about the things written in the diary and was not sure why no one had called to let me know at the time of the incidents. I also wanted to follow the same strategies at home but had some issues because of different parenting styles between me and Dad. We will meet again tomorrow with both parents and his therapist in attendance. He was excluded from school today because they were unable to stop him from throwing things at other children, and he was placed in a class by himself. I understand it is a safety concern, but what services can I access? What steps should I take? What can I do as a parent to help my son with his behaviour issues?

advice HOW CAN I HELP Disability Law in Education
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Cristina M
28 Aug 2025

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    Dear Christina M,

    Thank you for sharing your concerns regarding your son and the recent incident at school. I recognise how difficult these circumstances are for you and your family, and your determination to ensure that your son receives the right support to remain included in education.

    Please note that what follows is guidance only, not legal advice, and it is based only on the information you have provided. It is a little long, so I have provided a summary below. I also look forward to reading the contributions made by others. Regards – Sean Kennedy

    Was this an exclusion?

    If a teacher asked you to collect your son from school because of his behaviour, this is very likely to count as a fixed-term exclusion (now called a “suspension”), even if the word “exclusion” was not used.

     

    The Department for Education’s statutory guidance states:

    “Any exclusion of a pupil, even for short periods, must be formally recorded. An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents or carers.”
    (Suspension and Permanent Exclusion Guidance, August 2024, para 19, p.16)
    https://www.gov.uk/government/publications/school-exclusion

     

    This means the school should have:

    • Given you written notice of the exclusion.
    • Explained the reason.
    • Informed you of your right to make representations to the governing board.

    The importance of statutory disability

    Although your son has a diagnosis of autism, it is important to note that a diagnosis on its own does not automatically mean he has a statutory disability under the Equality Act 2010. The law defines disability as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities (s.6 Equality Act 2010).

    That said, based on the information you have described — persistent behaviour difficulties affecting his ability to access education, interact safely with peers, and participate in learning — it is quite possible that this statutory definition is satisfied. If so, the school would be under a duty to make reasonable adjustments to avoid substantial disadvantage, and to consider alternative strategies before using exclusion.

    The Department for Education’s guidance confirms:

    "The Equality Act 2010 requires schools to make reasonable adjustments for disabled pupils. This duty can… apply both to the suspensions and permanent exclusions process and to the disciplinary sanctions imposed."
    (Suspension and Permanent Exclusion Guidance, August 2024, para 54, p.24)
    https://www.gov.uk/government/publications/school-exclusion

    Asking for an EHC needs assessment

    Given that your son has recently developed significant behavioural challenges, you may want to ask the local authority for an Education, Health and Care (EHC) needs assessment.

    Under section 36 of the Children and Families Act 2014, the local authority must carry out an assessment if:

    1. The child has or may have special educational needs, and
    2. It may be necessary for special educational provision to be made through an EHC plan.

    The Noddy No-nonsense Guide to SEN Law explains this test clearly:

    "The local authority must secure an EHC needs assessment for the child… if the authority is of the opinion that— (a) the child or young person has or may have special educational needs, and (b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan."
    (Children and Families Act 2014, s.36(8); Noddy Guide 05.01)

    Special educational needs are considered under four broad areas (SEND Code of Practice, para 6.28):

    1. Communication and interaction.
    2. Cognition and learning.
    3. Social, emotional and mental health difficulties.
    4. Sensory and/or physical needs.

     

    On the evidence you have described — behaviour that includes vocal disruption, hitting staff and pupils, and difficulties with regulation that impact his education — it appears that your son’s needs may fall within at least the areas of communication and interaction and social, emotional and mental health difficulties. That may well mean that a request for an EHC needs assessment is justified.

    You can read the Noddy No-nonsense Guide to SEN Law here:
    https://supportsendkids.org/content/resource/161/noddy-no-nonsense-guide-to-sen-law?parentId=0

    What support can be accessed while an EHC needs assessment is ongoing?

    Even while the local authority is deciding whether to carry out an assessment, and during the assessment itself, your son must continue to receive support. The SEND Code of Practice stresses that schools must use their “best endeavours” to secure the special educational provision a child needs (Children and Families Act 2014, s.66).

    This may include:

    • Adjusting the behaviour support plan, including access to sensory breaks or safe spaces.
    • Additional adult support, such as a teaching assistant.
    • Access to therapies (e.g. speech and language therapy, occupational therapy) provided through delegated SEN funding.
    • Increased involvement of external specialists (e.g. educational psychology).

    In addition, the local authority itself can be contacted for additional support while the EHC process is ongoing. The LA has a legal duty to identify children who may have SEN (Children and Families Act 2014, s.22) and may be able to offer services such as advisory teachers, behaviour support, or specialist outreach provision. You are entitled to contact the SEN team at your local authority directly to ask what can be provided in the short term.

    Finally, if your son is unable to attend school for any reason, the local authority also has a duty under section 19 of the Education Act 1996 to arrange suitable education, either at school or elsewhere. This applies if a child is out of school because of exclusion, illness, or any other reason.

    Amending an existing EHCP (if one is already in place)

    It has not been clarified whether your son already has an Education, Health and Care Plan (EHCP). If he does, and the current provision is not sufficient to meet his needs, you can request an early review.

    The SEND Code of Practice explains that a review can be brought forward where needs have changed (para 9.168). This is important if his behaviour has changed significantly over the past six weeks.

    If the review finds that the EHCP does not make all the provision necessary, the local authority must amend the plan. The First-tier Tribunal (SEND) has confirmed that therapies such as occupational therapy or psychological support can amount to special educational provision, not optional extras (see East Sussex CC v JC [2018] UKUT 81 (AAC)).

    Support during and after exclusion

    If your son is suspended for more than five school days, the school or local authority must arrange full-time suitable education from the sixth day (Suspension and Permanent Exclusion Guidance, August 2024, paras 38–40, pp.20–21).

    If exclusions become frequent, the guidance makes clear that exclusion must not be used as the only solution:

    "For the vast majority of pupils, suspensions and permanent exclusions may not be necessary, as other strategies can manage their behaviour."
    (Suspension and Permanent Exclusion Guidance, August 2024, para 7, p.12)
    https://www.gov.uk/government/publications/school-exclusion

    Challenging an unlawful exclusion

    If your child has been sent home without the school following the formal exclusion process, this may be an unlawful exclusion. The guidance states:

    "Informal or unofficial exclusions, such as sending a pupil home ‘to cool off’, are unlawful, regardless of whether they occur with the agreement of parents or carers."
    (Suspension and Permanent Exclusion Guidance, August 2024, para 19, p.16)
    https://www.gov.uk/government/publications/school-exclusion

    If you believe an exclusion was unlawful or unfair, you can:

    1. Ask the school in writing to confirm whether the exclusion was formally recorded as a suspension, and request a copy of the exclusion letter.
    2. Make representations to the governing board of the school. The school must tell you how to do this in the exclusion letter.
    3. If it was a permanent exclusion (which does not seem to be the case here), you can ask for the decision to be reviewed by an Independent Review Panel (IRP).
    4. If the exclusion was not formally recorded and your child was simply sent home, you can remind the school that this practice is unlawful and ask for confirmation that it will not happen again

    The guidance also makes clear:

    "Where an exclusion has not been administered in accordance with the law, the pupil must be reinstated immediately."
    (Suspension and Permanent Exclusion Guidance, August 2024, para 58, p.26)
    https://www.gov.uk/government/publications/school-exclusion

    Right to make a disability discrimination claim

    Where an exclusion may amount to discrimination arising from disability, parents have an additional right to bring a claim to the First-tier Tribunal (Special Educational Needs and Disability). The guidance explains:

    "Parents can also make a claim of disability discrimination to the First-tier Tribunal (Special Educational Needs and Disability) if they believe their child has been discriminated against by a school when excluded."
    (Suspension and Permanent Exclusion Guidance, August 2024, para 59, p.26)
    https://www.gov.uk/government/publications/school-exclusion

    The Tribunal has wide powers, including ordering training for staff, changing policies, and reviewing how reasonable adjustments are made, although it cannot overturn the exclusion itself.

    Steps you might take

    1. Clarify in writing with the school whether the incident was formally recorded as a suspension.
    2. Request an EHC needs assessment if you feel his current provision is no longer sufficient (Children and Families Act 2014, s.36(8)).
    3. While waiting for an assessment, ask both the school and local authority what immediate support can be provided.
    4. If he already has an EHCP, request an early review to ensure the plan is amended to reflect his current needs.
    5. Keep records of all incidents, exclusions, and communications with school staff.

    Summary

    • Asking you to collect your son from school very likely could be a fixed-term exclusion, which must be formally recorded.
    • Having a diagnosis of autism does not automatically mean he has a statutory disability, but on the information provided it may well meet the statutory test under the Equality Act 2010.
    • If so, the school must consider reasonable adjustments and cannot rely solely on exclusion.
    • You can request an EHC needs assessment if his current support is insufficient.
    • While an assessment is ongoing, both the school and local authority must continue to provide additional support, and if your son cannot attend, the LA has a duty under s.19 Education Act 1996 to arrange suitable education.
    • If your son already has an EHCP, you can request an early review to ensure provision is amended to meet his current needs, and case law confirms therapies can form part of special educational provision.
    • If you believe an exclusion was unlawful, you can challenge it through the school and governing board, and for permanent exclusions (which does not seem to be the case here), through an IRP.
    • If disability discrimination is suspected, you may also bring a claim to the First-tier Tribunal (SEND).

    Authorities and Links

    1. Department for Education (DfE), Suspension and Permanent Exclusion Guidance (August 2024):
      https://www.gov.uk/government/publications/school-exclusion
    2. Equality Act 2010, s.6 statutory definition of disability:
      https://www.legislation.gov.uk/ukpga/2010/15/section/6
    3. Children and Families Act 2014, section 36 (EHC needs assessments):
      https://www.legislation.gov.uk/ukpga/2014/6/section/36
    4. SEND Code of Practice (2015), para 6.28 (four broad areas of need), para 9.168 (early review):
      https://www.gov.uk/government/publications/send-code-of-practice-0-to-25
    5. Education Act 1996, section 19 (duty to arrange education for children unable to attend school):
      https://www.legislation.gov.uk/ukpga/1996/56/section/19
    6. East Sussex CC v JC [2018] UKUT 81 (AAC) (therapies as special educational provision):
      https://www.bailii.org/uk/cases/UKUT/AAC/2018/81.html
    7. Noddy No-nonsense Guide to SEN Law (Support SEND Kids, 2025 update):
      https://supportsendkids.org/content/resource/161/noddy-no-nonsense-guide-to-sen-law?parentId=0

    Short Summary of the above:

    1. Was this an exclusion?

    When a teacher asks you to collect your child because of behaviour, this is usually treated as a fixed-term exclusion (suspension), even if the word “exclusion” was not used.

    The Department for Education guidance is clear:

    "Informal or unofficial exclusions, such as sending a pupil home ‘to cool off’, are unlawful, regardless of whether they occur with the agreement of parents or carers."
    (Suspension and Permanent Exclusion Guidance, August 2024, para 19)
    https://www.gov.uk/government/publications/school-exclusion

    The school must formally record the exclusion, give you written notice, and explain your right to make representations.

    2. Disability and reasonable adjustments

    Your son’s diagnosis of autism is important, but under the Equality Act 2010 a child only has a statutory disability if their condition has a substantial and long-term effect on day-to-day activities (s.6 EqA 2010). Based on what you describe, it seems likely this test is met.

    If so, the school must make reasonable adjustments to support him and must consider alternatives before excluding him (DfE guidance, para 54).

    3. Requesting an EHC needs assessment

    Given the escalation of behaviour, you may wish to request an Education, Health and Care (EHC) needs assessment from the local authority.

    The legal test is that the LA must assess if:

    • Your child has or may have SEN; and
    • It may be necessary for special educational provision to be made via an EHC plan (Children and Families Act 2014, s.36(8)).

    SEN is considered across four areas:

    1. Communication and interaction.
    2. Cognition and learning.
    3. Social, emotional and mental health.
    4. Sensory and/or physical needs.

    On the information provided, your son’s difficulties likely fall under communication and interaction and social, emotional and mental health. This may well justify an assessment.

    Noddy No-nonsense Guide to SEN Law :
    https://supportsendkids.org/content/resource/161/noddy-no-nonsense-guide-to-sen-law?parentId=0

    4. What support can be provided while waiting?

    While waiting for an EHC needs assessment, both the school and the LA must continue to provide support:

    • School duty (s.66 CFA 2014): The school must use its “best endeavours” to put in place provision such as sensory breaks, adult support, or updated behaviour strategies.
    • Local authority duty (s.22 CFA 2014): The LA must identify children with SEN and can offer short-term support such as educational psychology, behaviour support, or advisory teachers.
    • Education Act 1996, s.19: If your son cannot attend school because of exclusion or other reasons, the LA must arrange suitable education, for example in another setting or at home.

    5. If there is already an EHCP

    It is not clear if your son already has an EHCP. If he does, you can request an early review if his needs have changed (SEND Code of Practice, para 9.168). If the plan does not include all necessary provision, the LA shouldamend it. The Tribunal has confirmed therapies such as occupational therapy and psychology can count as special educational provision (East Sussex CC v JC [2018] UKUT 81 (AAC)).

    6. Challenging exclusions

    If you believe an exclusion was unlawful, you can:

    • Ask the school in writing whether it was formally recorded.
    • Make representations to the governing body.
    • For permanent exclusions (which does not seem to be the case here), ask for an Independent Review Panel.
    • If you suspect disability discrimination, you can also make a claim to the First-tier Tribunal (SEND) (DfE guidance, para 59)

    Possible Key Steps for You

    1. Write to the school asking if this incident was formally recorded as a suspension.
    2. Consider requesting an EHC needs assessment from your local authority.
    3. Ask both the school and LA what immediate support can be offered while you wait.
    4. If your son has an EHCP, request an early review to amend it if necessary.
    5. Keep detailed records of incidents and communications.

    Useful Links:

     

    Sean Kennedy

    Sean Kennedy

    28 Aug 2025

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