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• 01 Mar 2026

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Can't answer yes or no.:

Ms Sheringham,

With the exception of the Equality Act information, this SEND information is England-focused. The Equality Act applies to England, Wales and Scotland, but not Northern Ireland, where disability discrimination law is focused around the Disability Discrimination Act.

A school is not automatically acting unlawfully simply because it prefers learning to take place in the classroom. However, where a pupil’s anxiety or neurodivergent-related burnout leads to periods of absence or a reduced timetable, a blanket approach of “we do not tell you what you missed” may create disadvantage in practice. It can increase anxiety, widen gaps in learning, and make returning to school harder.

The starting point is that Equality Act protections (including reasonable adjustments) depend on the pupil meeting the legal definition of disability in section 6 Equality Act 2010. The difficulties described may (or may not) meet that definition depending on severity, duration and day-to-day impact. The Council for Disabled Children handbook notes that mental health conditions and “hidden impairments such as… autism” can fall within the definition (Philippa Stobbs OBE (Council for Disabled Children), Accessibility plans and the Equality Act 2010: a handbook for schools (July 2025), p.18).

A. Do schools need a clear catch-up procedure for SEN Support pupils with disability-related absence?
There is no single rule that every school must publish a document called a “catch-up policy”. However, SEN Support is meant to be planned and reviewable. The SEND Code says the teacher and SENCO should agree “the adjustments… and support… along with a clear date for review” (SEND Code of Practice (Jan 2015), p.102, para 6.48). Where there is no clear, timely method for accessing what was covered during disability-related absence, that may suggest planning and review could be strengthened.

B. Does “learning only happens in school” raise issues about reasonable adjustments?
Potentially, yes, if the pupil meets the section 6 definition and the school knows (or should know). The SEND Code states: “They must make reasonable adjustments… These duties are anticipatory” (SEND Code, p.94, para 6.9). The EHRC Technical Guidance also makes clear it is unlawful to discriminate “in the way in which it provides education for the pupil” (EHRC Technical guidance for schools in England (updated Sept 2023; amended July 2024), p.34) and states the reasonable adjustments duty is “anticipatory” (EHRC, p.92). In practice, that points towards the school considering reasonable steps to reduce predictable disadvantage, rather than relying on a fixed rule.

C. What does the DfE attendance guidance add?
The DfE statutory attendance guidance says schools should be “particularly mindful” of pupils absent due to mental or physical ill health or SEND and “provide them with additional support” (DfE, Working together to improve school attendance (Aug 2024), p.23). It also says schools should consider adjustments to practice and policies and make formal reasonable adjustments under section 20 Equality Act 2010 where a pupil has a disability, with adjustments agreed and regularly reviewed with parents and the pupil (DfE attendance guidance, p.24). It also identifies, as part of expected day-to-day processes, supporting pupils back into school after unavoidable absence and providing support to “build confidence and bridge gaps” (DfE attendance guidance, p.19).

D. Is it enough to point parents to an external medical absence service if eligibility is doubtful or there is a waiting list?
Not necessarily. The DfE attendance guidance says that where outside-agency support is delayed (for example, “subject to a waiting list”), schools and/or local authorities should consider “temporary solutions whilst waiting” (DfE attendance guidance, p.13). That points towards considering interim steps to avoid a pupil falling behind.

E. If external provision is not in place, what might the school do to reduce disadvantage?
A modest, workable approach could be timely access to basic “what we covered” information so the pupil can return without feeling lost. For example:
A. weekly topics covered in each subject;
B. key resources used (worksheets, slides, textbook pages);
C. homework set; and
D. what to revise for tests or controlled assessments.
This is not home education or “dual provision”; it is information that may help reduce disadvantage and anxiety.

F. Reduced timetable point (where relevant)
The DfE attendance guidance sets safeguards around reduced/part-time timetables: they should be exceptional, time-limited, part of a broader plan, and kept under review with arrangements for returning to full time (DfE attendance guidance, pp.25–26). It can be reasonable to ask the school to set out what support is in place during the reduced timetable period, including how learning gaps will be managed.

G. Does this link to “best endeavours” on SEN Support?
Yes, as a practical indicator. The SEND Code says mainstream schools “must… use their best endeavours… doing everything they can to meet… SEN” (SEND Code, p.93, para 6.2). It also expects recording and communication, including “recorded on the school’s information system” (SEND Code, p.102, para 6.49) and that “Parents should have clear information about the impact” (SEND Code, p.102, para 6.55). Where information is only provided vaguely at half-term, it may be more difficult to show SEN Support is being planned, recorded and reviewed in the structured way the Code envisages.

H. A further Equality Act point: section 15
Depending on the reasons given and how the refusal operates in practice, refusing to share basic missed-learning information may also raise section 15 issues (unfavourable treatment arising from disability-related absence), unless justified. The EHRC cautions against relying on “mere generalisations” (EHRC, p.71).

I. Separate route: local authority duty under Education Act 1996, section 19 (only if the threshold is met)
Separate from what the school may do, there may be circumstances where the local authority has a duty to arrange suitable education “otherwise than at school” for a child who cannot attend because of illness (which can include mental health). Whether that duty is triggered is fact-specific and usually depends on the evidence and the scale/likely duration of absence. This is distinct from choosing home education.

J. Parents’ role (in general terms)
Parents are not expected to recreate the curriculum. In practice, it is often helpful to:
A. engage with the school’s SEN Support cycle (assess–plan–do–review), including meetings and agreed review dates;
B. share relevant information about needs and what helps (and, where available, supporting evidence); and
C. work with the school on a realistic reintegration plan.
It is also reasonable to ask the school to set out what it will provide during absence/reduced timetable and what it expects you and your child to do, so everyone is working to the same plan.

If a pupil has an EHCp (England), that can raise additional duties and processes. This overview does not address EHCP-specific issues.

Summary: In short, a school is not automatically acting unlawfully by saying learning happens in school, but where disability-related anxiety or burnout causes absence or a reduced timetable, a blanket refusal to share basic “what was covered” information may create avoidable disadvantage. If the pupil meets the Equality Act disability definition, schools should be thinking ahead about reasonable adjustments and reviewing them with parents, rather than relying on rigid rules. The SEND Code expects SEN Support to be planned, recorded and reviewed using “best endeavours”, and the DfE attendance guidance expects additional support, reintegration that “bridges gaps”, and temporary solutions where external services are delayed. In practical terms, it can be reasonable to ask (quoting the above) for a simple, time-limited routine for missed learning information (topics, resources, homework and test coverage) so the pupil can return without feeling lost, while parents focus on engaging with review meetings, sharing relevant information and supporting reintegration.



Sean Kennedy

01 Mar 2026

This is helpful

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