A report by the Institute for Public Policy Research, released in May this year, found that three children in every classroom have a diagnosable mental health condition. Some 90 per cent of heads reported an increase in mental health problems in their pupils over the past five years, while hospital admissions for self-harm in under-18s increased by 50 per cent in the same period.

Nowhere is the crisis in young people’s mental health felt more acutely than in schools.

The Department for Education published updated advice in March, which sought to clarify schools’ responsibilities and outline how to support pupils whose behaviour - be it disruptive, withdrawn, anxious or depressed - might be related to an unmet mental health need.

Adverse effects

Schools also have duties relating to the Equality Act 2010 and the duty to make “reasonable adjustments”. A person has a disability if: they have a physical or mental impairment; and the impairment has a substantial and long-term (ie, likely to last more than a year) adverse effect on their ability to carry out normal activities.

A school has a duty to make reasonable adjustments for pupils with disabilities if they are placed at a substantial disadvantage in comparison with non-disabled peers. This can be triggered in a broad range of circumstances. It may be necessary to adjust behaviour policies, attendance requirements, and curriculum expectations for a pupil who has a diagnosed mental health need, or is presenting with behaviours consistent with such a need. A reasonable adjustment is anything that provides additional support or assistance to a disabled pupil, including but not limited to equipment and staff assistance.

The determination of what reasonableness entails is a process that applies to each individual situation, and what constitutes a “reasonable adjustment” will change in the context of each school, and each circumstance, taking into account factors such as:

* Would a step overcome the substantial disadvantage?

* The practicability of the adjustment.

* Financial and other costs.

* The extent to which support would be provided under an education, health and care plan.

* School resources and availability of financial or other assistance.

* The effect of the disability on the pupil.

* Health and safety requirements.

* The need to maintain academic, musical, sporting and other standards.

* The interests of other pupils and pupils who may join the school.

In our experience, schools do provide a wide range of support for pupils, but it is essential to approach such issues with an open mind, communicate with the pupil (and their parents) about what is needed and carefully document all support provided.

Alice Reeve is a partner at leading education law firm Veale Wasbrough Vizards