When I got home I realised I probably contributed to the hat issue. I realised as I got to school that we had forgotten DS hat. He had two spares floating around somewhere at school. There is also a lost and found box outside the library that is always full of jackets and hats many without names. They often get hats switched by accident at school and after school care and usually he returns the wrong hat the next day and someone returns his hat. So I told him hopefully he would find his hat or maybe he could borrow one from lost and found, which I realise I should not have said, and I wish I had remembered when I was talking to the teacher.
I don't think he snatched a hat off a kid. I think he just picked one up, which he should not have done, especially as the teacher had told him he had to sit on the bench in the shade. I don't excuse his behavior, and while I don't think it was bullying, I think a punishment such as having to sit on the bench the next day even if he has his hat would be more appropriate.
The independent assessment was the wiat II abbreviated.
He had some behaviour issues at the beginning of the year, but nothing out of the ordinary they said. It has been gradually getting worse I think. I will look into ADHD as he definitely has some characteristics.
Thanks for all of your input. I will take on board what the teacher thinks and have an open discussion about what is the best solution.