When the Sanction Is “Concluded” But the Punishment Continues

In a previous post, we covered the issue of school trip payments being withheld after a child was excluded due to behaviour - a clause that effectively says:

“Suspension = no trip, no refund.”

We covered why that’s likely unlawful under consumer protection law, and how schools are not above the Consumer Rights Act 2015 simply because they call something “policy.”

But that’s only one part of the problem.

Because in my case - and I suspect in many others - the punishment didn’t stop with the suspension. And it didn’t stop with the trip.

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The School’s Own Words: “The Suspension Was the Disciplinary Sanction and Is Concluded”

That sentence comes directly from a written response I received after raising a complaint, shown below.

The school confirm - clearly - that my child’s suspension had been dealt with. The sanction had been issued, served, and completed.

By any reasonable standard, that should be the end of the matter.

But it wasn’t.

Shortly after, I was told that my child would not be allowed to attend the trip I’d already paid for.

Why?

Not because of further behaviour.

But because of something they referred to as a:

“Risk-based criterion.”

Read the response for yourself.

 Let’s unpack what that really means.

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Risk-Based Criterion = Blanket Ban in Disguise

The phrase sounds clinical. Reasonable, even.

But in practice, what the school is doing is this:

• If a child has been suspended during a given half term, they are automatically barred from representing the school or taking part in any extracurricular activities - regardless of:

  • What the suspension was for,

  • How long ago it occurred,

  • Whether behaviour has improved,

  • Or whether the child has engaged positively since.

This includes:

• Sports events

• Drama productions

• Music performances

• Activity days

• Celebration events

• Even end-of-year traditions like the Year 11 vs Sixth Form match

It doesn't sound like risk assessment to me. It sounds like a ban. Applied to everyone. With no review, afterall the behaviour policy states something completely different.

That’s not safeguarding. That’s not discipline.

That’s administrative convenience masquerading as policy.

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This Is Double Punishment - Plain and Simple

Let’s be clear: the suspension was the punishment. The school said so. They wrote it down.

So when they continue to deny access to trips, activities, or rites of passage after that punishment is supposedly “concluded,” they are handing out a second punishment - silently and without process, yet when pushed they’re using the language of “risk” to dodge the need to apply individual judgment, as required under Department for Education (DfE) guidance.

Risk assessments - when genuinely needed - must be:

• Specific

• Evidence-based

• Proportionate

• Transparent

What we’re seeing instead is a blanket rule applied to all suspended students, regardless of the actual risk they present - if any.

Parents get it: budgets are stretched, staffing is limited, and time is tight. But cutting corners on your legal responsibilities isn’t efficiency - it’s negligence, and it’s a clear failure of duty.

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Why This Matters

Schools have a responsibility to protect all pupils - including those who make mistakes. Especially those.

Discipline should serve to:

• Address the issue

• Support the child’s development

• Rebuild trust

• Reinforce expectations

But when sanctions are extended, without process, justification, or review - they stop being educational and start being punitive for the sake of it.

Not to mention how it disproportionately affects:

• Children with SEND

• Neurodivergent students

• Children with trauma histories

• Students already on the margins of the school community

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We’re Not Just Talking About Fairness - We’re Talking About Legality

Legally, this raises serious concerns.

1. Consumer law: If you've paid for a service (like a trip), and your child is later barred from attending - the school must show actual financial loss to justify keeping the money. A behaviour policy isn’t a valid reason under the Consumer Rights Act 2015.

2. Public law principles: Blanket exclusions without case-by-case review breach the requirements of procedural fairness. Decisions must be made rationally and proportionally.

3. Equality Act 2010: Policies that disproportionately affect children with protected characteristics (like disability or neurodivergence) can amount to indirect discrimination, even if applied uniformly.

And again: just because something is written in a behaviour policy doesn’t make it legally sound.

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So Where Am I Now?

I’ve already challenged the refusal to refund the trip cost - a complaint which is currently with the school’s governing body.

But now, I’m challenging more than just the money.

I’m challenging the principle that a child can be punished again, silently, and without recourse, long after their original sanction is meant to be over. After all, the school confirmed it in writing, the suspension was the sanction and was concluded. Directly contradicting their own behaviour policy.

I’m challenging the idea that schools can create blanket bans, call them “risk-based criterion,” and avoid doing the individual assessments the law actually requires.

And I’m doing it not just for my child, but for every child who’s been quietly excluded without a voice - and every parent who’s been told, “That’s just our policy.”

Matt