A teaching assistant has lost a legal bid claiming unfair dismissal after he criticized the use of special education needs (SEN) diagnoses to explain challenging pupil behaviour in schools. Paul Sheward, who worked as a learning support assistant at Great Missenden Church of England Combined School in Buckinghamshire, faced disciplinary measures following comments he made about how badly behaved students are managed.

Mr. Sheward’s case was heard by an employment tribunal in Watford, where he argued that SEN labels are often employed as excuses for violent outbursts and noncompliance, asserting that some children’s poor behaviour stems from parenting and lack of boundaries rather than underlying conditions. He maintained that "there is no such thing as ‘naughty’ children any more," and accused medical professionals of creating "made-up diagnoses" to justify unacceptable conduct.

The dispute began after Mr. Sheward posted on a Facebook group for teaching assistants that staff were “being used as glorified child-minders for ill-disciplined feral brats.” When questioned by other group members, he compared inclusivity in education to “communism,” a comment that drew further scrutiny. An anonymous individual reported these statements to the school, which subsequently called him in for a disciplinary meeting. Mr. Sheward resigned in November 2023, but the school proceeded with disciplinary action, issuing a written warning and finding that he breached the institution’s code of conduct.

In his tribunal testimony, Mr. Sheward said his posts stemmed from frustration with pupils “throwing chairs and running riot” at the school. Employment Judge Anna Youngs ruled that his resignation was an attempt to avoid the disciplinary process and therefore did not qualify as constructive dismissal. She also determined that his belief about SEN usage was not a protected philosophical belief under employment law, describing it as an opinion lacking coherence and sufficient depth. The judge concluded that Mr. Sheward was not subjected to direct discrimination based on his stated beliefs.

The tribunal’s decision upheld the school’s actions, emphasizing the importance of professional conduct and the validity of SEN diagnoses in managing pupil behaviour. The case highlights ongoing debates in education over how behavioural challenges are identified and addressed within the school system.