Mental Health in Schools

For many families, the issue is not only the mental health condition itself but how a school responds to it. Distress can be misread as misconduct, anxiety may be treated as defiance, and concerns relating to attendance, SEND or safeguarding may not be handled properly, creating additional difficulties for both children and their parents.

Understanding mental health in schools

A child’s mental health at school may be affected by a wide range of issues. These can include persistent anxiety, panic or emotionally based school avoidance, bullying, friendship issues, online harm, eating disorders, self-harm concerns, trauma-related distress, unmet SEND needs, and difficulties arising from exclusion, part-time timetables or attendance action.

Mental health concerns can present themselves in different ways. Signs may include repeated non-attendance linked to anxiety, overwhelm or panic before school, behaviour difficulties that are actually connected to emotional distress or unmet SEND, or situations where a school refuses to make adjustments for a child with depression, anxiety, OCD, trauma or another long-term mental health condition. Parents may also face pressure to accept informal arrangements that are not in their child’s best interests, such as reduced timetables without a proper plan.

Schools have an important role in supporting pupils’ mental health and wellbeing, identifying concerns early, and working with parents and external agencies where needed. Support should begin early and is not limited to children with a diagnosed mental disorder.

Challenging concerns relating to mental health in schools

If your child is struggling with mental health in school, there may be important legal protections available.

Schools should not ignore mental health needs. Government guidance in England says schools should identify possible mental health problems, understand the link between mental health and behaviour, and work with parents and external agencies where appropriate. Mental health may also amount to a disability under the Equality Act where a physical or mental impairment has a substantial and long-term adverse effect on day-to-day activities. In these circumstances, schools must not discriminate against disabled pupils and must make reasonable adjustments to avoid disadvantage.

Mental health concerns may also overlap with SEND. In England, social, emotional and mental health difficulties are recognised within the SEND system, and schools have duties to support children and young people with SEND. In Wales, the Additional Learning Needs Code sets out what schools, local authorities and health bodies are required to do to meet children’s additional learning needs.

Attendance issues should be handled properly where mental health is a factor. Schools should involve parents early, consider support and adjustments, and take account of SEND, EHC plans and wider vulnerabilities. Where suspension or exclusion is being considered, these are serious measures and should only be used where other approaches have been exhausted, with permanent exclusion used as a last resort and only on disciplinary grounds.

How can we support you?

We advise parents of school-aged children where mental health concerns overlap with safeguarding, disability discrimination, SEND, attendance and exclusion issues. Our specialist safeguarding solicitors provide clear, specialist advice so that you can understand your child’s rights, the school’s duties and responsibilities, and the practical steps available to protect your child’s education and wellbeing.

We take a practical and strategic approach, helping parents identify the strongest next step, whether that is early resolution, a formal challenge or further legal action. We understand that parents need fast, calm and reliable advice at a stressful time, and the focus of our advice is always on your child.

We frequently assist parents with matters including:

• advising on whether the school has acted lawfully and fairly
• reviewing safeguarding concerns and mental health-related risk
• challenging failures to make reasonable adjustments
• advising on SEN Support, EHCP issues and disability discrimination
• supporting parents where anxiety or other mental health issues affect school attendance
• advising after suspension, threatened exclusion or permanent exclusion
• helping you communicate with schools, academy trusts and local authorities in a focused, evidence-based way

We also offer a fixed fee consultation with a specialist safeguarding solicitor to help you understand your child’s rights, your options and the steps available. Our straightforward advice helps parents make informed decisions and move forward with greater clarity and confidence during what can be a difficult and stressful situation.