Schools Archives

Autism support: Workplace and school adjustments guide

Posted on 2 April 202517 April 2025 by Sarah O'Sullivan

Understanding the behaviours associated with Autism, as well as implementing reasonable adjustments, is essential for helping those with Autism thrive in the workplace and in education. By improving awareness and accessibility, we can help neurodivergent individuals thrive and reduce stigma around Autism in professional and academic settings.

What is autism?

Autism is a lifelong neurodivergence that affects how individuals experience and interact with the world. According to the National Autistic Society, “Autism influences how people experience and interact with the world. It is a lifelong neurodivergence and disability. Autistic people are different from each other, but for a diagnosis they must share differences from non-Autistic people in how they think, feel, and communicate.”
As a spectrum condition, Autism affects those differently. While Autistic individuals share certain characteristics some may have difficulty with social interactions, others may struggle with sensory sensitivities, such as sensitivity to noise, light, or touch.

Is autism a disability?

While Autistic people differ in terms of how they prefer to be described (some may prefer the term ‘neurodiverse’, for example), for legal purposes Autism is classed as a disability under the Equality Act 2010. This means that employers are required to make reasonable adjustments to support Autistic employees. Providing equal opportunities for Autistic individuals ensures that they are treated fairly in the workplace and beyond.

How does Autism affect work?

Autistic employees may experience challenges in workplace interactions and adapting to changes Sensory sensitivities like light and noise can make busy office environments overwhelming, while some may react strongly to being touched by others or smells in the office. This can lead to being stressed or overwhelmed when confronting a difficult or unfamiliar situation.

Can Autistic people work?

With the right support in place, people with Autism are able to enter the workplace and thrive.

Many Autistic individuals thrive in structured environments with clear expectations. Employers can build inclusive work environments by understanding and recognising the behaviors associated with Autism and consider what reasonable adjustments could be made to help.

Reasonable adjustments for Autistic employees?

Employers can introduce simple yet effective adjustments to support Autistic employees. In return, you could be rewarded with a diligent, highly effective worker who is an asset and really has something to contribute to your business.

Common reasonable adjustments may include:

Structured Induction Process – Carrying out a highly detailed induction process outlining exactly what they will be doing day-to-day and what their responsibilities will be.
Routine and Predictability – Offering a weekly schedule, detailing what they will be doing in the mornings and afternoons, what time lunch is, when they may leave, and any scheduled meetings. This will help them settle into a routine and reduce their anxiety.
Sensory Adjustments – Providing noise-canceling headphones, separate quiet workspaces, or adjustable lighting.
Training – Educating staff on neurodiversity including how to interact and support Autistic individuals in the workplace.
Flexible Working Arrangements – Allowing remote work or flexible hours to accommodate sensory sensitivities (for example, allowing your employee to start work later to avoid travelling during rush-hour, or permitting them to work from home on days they may be feeling particularly anxious).
Mentorship Programs – Assigning a mentor to provide guidance and support.

This list is by no means exhaustive, not all Autistic employees will require the same adjustments, as Autism presents differently in each individual.

How does Autism affect learning?

In education, Autistic students may face challenges with communication, social interactions, and sensory sensitivities.

Some may have delayed speech development and difficulty communicating with teachers and fellow pupils, while others may have advanced verbal skills but struggle with non-verbal communication.

Many also struggle to follow directions and understand what they are being asked to do, while some will find it difficult to understand their teachers’ and peers’ body language and facial expressions. They may also be very reluctant to try new things, or have fixed, narrow interests that make it difficult for them to branch out and enjoy new learning experiences.

School is also a highly social environment and Autistic children can become distressed and anxious when put in situations where they have to communicate with their classmates. They may struggle with group activities, particularly those involving imaginative or creative play. Pupils with sensory processing difficulties may struggle in a noisy classroom or playground environment, while others may dislike other children touching them. If they become overwhelmed, they may develop symptoms such as headaches, anxiety, panic attacks or aggression.

How can teachers support Autistic students?

Teachers play a crucial role in creating an inclusive learning environment. Good communication is key when supporting an Autistic pupil, and you may have to communicate differently with an Autistic child than you would a neurotypical child. Strategies include:

Clear Instructions – Instead of general instructions like “tidy the classroom,” provide specific tasks such as “put the pencils in their pots and come back when finished.”
Visual Aids – Using visual schedules, sign language, or other non-verbal cues to support communication.
Routine and Structure – Establishing a consistent daily routine to reduce anxiety.
Flexible School Policies – Allowing uniform modifications or noise-canceling headphones for sensory-sensitive students.
Quiet Spaces – Providing a designated area where students can retreat if overwhelmed.
Adjustments to Class Schedules – Allowing staggered start times or early class exits to avoid crowded hallways.

If a teacher requires upskilling to enable them to more effectively support a child with Autism, it could be extremely useful to find out about opportunities for training on how to support and communicate with Autistic children.

Sensitive and caring Employment and Education Law legal advisers

No two Autistic individuals are the same. Employers and educators should work closely with Autistic employees, students, and their families to tailor adjustments that best meet their needs.

If you are an employer, employee, student, or parent seeking guidance on neurodiversity accommodations, our Employment and Education Law specialists are here to provide expert advice. We are committed to ensuring fair treatment and accessibility in workplaces and schools for Autistic individuals as well as those with ADHD, Dyslexia, Dyspraxia and more.

By adopting an inclusive environment through awareness and adjustments, we can help push neurodivergent individuals to succeed in their careers and education.

Speak with one of our employment law or education solicitors today to discuss how we can support you.

Can schools ban sausage rolls? Understanding healthy eating policies in schools

Posted on 5 August 202221 March 2025 by Sarah O'Sullivan

A primary school in Bradford found itself under fire from some parents who have called the school’s new healthy eating policy “ridiculous.”

The school banned items such as sausage rolls, pork pies and squash from packed lunch boxes in a bid to encourage healthy living at an early age. The policy is a whole school policy impacting on all pupils who attend. But it does raise the question, can schools really dictate what children eat during the day?

Tees’ Polly Kerr is an education lawyer advising parents on education matters such as: exclusions, appeals, special education needs and education health and care plans. In this article, Polly explains more about lunchbox rules.

In January 2015, the government introduced a new set of rules and regulations, which governed the type of foods that schools could provide to pupils during the school day and it became the responsibility of the school to ensure that they met (and continue to meet) the School Food Standards practical guide updated May 22. These include the following:

1 or more portions of vegetables or salad as an accompaniment every day
at least 3 different fruits, and 3 different vegetables each week
an emphasis on wholegrain foods in place of refined carbohydrates
an emphasis on making water the drink of choice:
limiting fruit juice portions to 150mls
restricting the amount of added sugars or honey in other drinks to 5%
no more than 2 portions a week of food that has been deep fried, batter coated, or breadcrumb coated
no more than 2 portions of food which include pastry each week

Interestingly the School Food Standards regulations do not apply to academies established between September 2010 and June 2014 but it is recommended that they be used as a guide and adopted voluntarily by these schools.

There are some exceptions to these rules, such as parties or celebrations, fund-raising events, rewards for achievement or good behaviour, food used for teaching food preparation or cookery skills and on an occasional basis by parents or pupils. So the odd chocolate bar for celebrating a classmate’s birthday is not prohibited by the regulations.

Schools in England must also provide free drinking water to all pupils at all times whilst they are in school and are prohibited from selling drinks with added sugar, chocolate or sweets in vending machines.

Whilst the government have tightened the rules around food supplied by a school in a bid to make children healthier, packed lunches brought in from home are not caught by the regulations.

However, schools are allowed to set their own policies regarding the types of food consumed on their premises during the school day and, provided that the policies implemented by the schools do not breach the school’s obligations under the Equality Act 2010 or any other relevant legislation, schools are free to determine what their pupils bring to school to eat during the day and, if their policies allow, to confiscate or challenge the inclusion of prohibited items within packed lunches.

This article was originally published in November 2017 in Salad Days (http://www.saladdaysmag.uk/).

To check if your child can get free school meals in England and apply to your local authority website – visit Gov.uk

Ideas for your child’s packed lunch:

NHS guidance – Healthier lunchbox recipes
BBC good food – School packed lunch inspiration

Home to school transport – Appeals

Posted on 19 April 201827 March 2025 by Sarah O'Sullivan

Your child’s eligibility for home to school transport can have a big impact on which school you choose. Find out about the eligibility criteria for home to school transport.

Criteria for home to school transport

Eligibility for home to school transport is, in the first instance, calculated by walking distance from the school. To be eligible for home to school transport, your child must be attending their nearest suitable school and live at least:

2 miles from the school (for children under the age of 8)
3 miles from the school (for children over the age of 8, up to age 16).

The distance is measured by the nearest available safe route on foot.

When a child lives within walking distance of their school, the Local Authority is not ordinarily expected to provide transport. Although parents may consider the distance is simply too far for their child to walk, the law could differ. Many parents face the difficult prospect of arranging transport themselves.

Local Authorities are obliged to provide transport for children who attend a school outside of walking distance if:

The child attends that school out of necessity (rather than the parent’s choice)
No alternative travel arrangements are suitable.

Is my child eligible for home to school transport?

Some children who are within walking distance of their school may be eligible for home to school transport.

Children who may be eligible for home to school transport include:

Children who have special educational needs, disability or mobility problems (SEND) which mean they cannot reasonably be expected to walk to school (and there are no suitable alternatives to attend school nearer to home);
Children who live within ‘walking distance’ of their school but who could not reasonably be expected to walk due to the nature of the routes available (and there are no suitable alternatives to attend school nearer to home). This is often the case in rural locations, where there may not be a viable safe route for children to take to school;
Children aged 8-11 registered at a school more than two miles from home who are entitled to free school meals (this supersedes the 3-miles rule for children up to 11 years old);
Excluded children who are required to attend a school other than their registered school outside of walking distance;
Children over the age of 11 years old who are entitled to free school meals and who are registered at a qualifying school.

However, there are exceptions to the rule. Even where a child is deemed ‘eligible’ it is important to note that if there are other suitable travel arrangements available, the Local Authority may not be required to provide home to school transport.

Home to school transport appeals

“When choosing a school, the presence of school buses at the gate each day does not automatically mean that your child is entitled to a place on one,” says Polly Kerr, Senior Associate at Tees and specialist education law solicitor. “Schools have a duty to provide transport to eligible children – unfortunately, some children are simply not eligible. School transport can be somewhat of a minefield for parents with potential to cause practical problems. It’s important that parents understand, both when applying for school places and appealing them, when the Local Authority has a duty to provide school transport and when it does not. Understandably, transport provision can have a significant impact on choice of school and the family’s daily routine,” Polly continued.

Polly helps parents who need to appeal allocation of school places and home to school transport. If you need to make an appeal, Polly has the skills and experience to guide you through the process and help secure the best possible result for you and your child.

Call Polly on 03301 355806 or email polly.kerr@teeslaw.com for a confidential chat about your circumstances and how we can help.

Taking your children on holiday during term time?

Posted on 5 October 201720 March 2025 by Sarah O'Sullivan

The issue of term-time holidays has been a bone of contention between schools and parents for years.

Term-time holidays: Legal implications and recent court rulings

Some parents have long argued that in order to afford a holiday for their family, it is necessary for them to take time out during the school term because of the significant increase in the cost of their trip outside of term time. The schools, in response, present an equally compelling argument that term-time holiday is disruptive to learning.

The legal framework: Education Act 1996

Section 7 of the Education Act 1996 provides that “the parent of every child of compulsory school age shall cause him to receive efficient full time education…either by regular attendance at school or otherwise.” Failure to ensure regular attendance can lead to prosecution of the parent under Section 444 of the Education Act 1996.

The term ‘regular’ is ambiguous. How can two weeks in the sun fall foul of the term ‘regular’ when a child has otherwise attended school without problem?

Isle of Wight Council v Platt: A landmark decision

The Supreme Court has now provided much needed clarity on this issue in the case of Isle of Wight v Platt [2017] UKSC 28. In this case Mr Platt asked his daughter’s head teacher if he could remove her from school during the term time for a holiday to Florida. It meant that she would miss 7 days of school. The Head Teacher refused this because the circumstances were not ‘exceptional’ by definition. Mr Platt took his daughter anyway and was fined by Isle of Wight Council. He refused to pay a fixed penalty notice and was prosecuted. Mr Platt argued that his daughter attended ‘regularly’ because she had been at school for 90.3% of the year prior to the holiday. The magistrates’ court agreed with Mr Platt. The council appealed to the high court who confirmed that the magistrates court was not wrong but that the term ‘regular’ needed clarification as a matter of public policy.

The council’s appeal to the Supreme Court was upheld unanimously. The court held that the word ‘regularly’ did not mean ‘at regular intervals’ and Lady Hale stated that “unauthorised absences have a disruptive effect, not only on the education of the individual child, but also on the work of other pupils. If one pupil can be taken out whenever it suits the parent, then so can others. Any educational system expects people to keep the rules. Not to do so is unfair to those obedient parents who do keep the rules, whatever the cost or inconvenience to themselves.”

The Supreme Court held that fixed-penalty notices were a sensible approach because they spared the wrong-doer a criminal record but this did not detract from their decision that removing a child from education for the purpose of a holiday is against the law.

Key takeaways for parents

Term-time holidays are unlawful: Removing children from school for holidays without permission is against the law.
Fixed penalty notices: Schools and councils may issue fines for unauthorized absences.
Exceptional circumstances: Permission may only be granted in cases deemed exceptional by school authorities.

Future considerations: Regulation of holiday prices

With the legal stance now clarified, the debate may shift to the rising costs of school holiday travel. Will policymakers intervene to regulate peak-time pricing by holiday companies? While the answer remains uncertain, this ongoing discussion underscores the balance between education priorities and family financial pressures.

For further legal insights or assistance, consider consulting our solicitors specialising in education law.

This article was originally published in July 2017 in Salad Days (http://www.saladdaysmag.uk/).