Education Law The problem with trying to fit a square peg into a round hole is not that the hammering is hard work. It's that you're destroying the peg!

ADHD + School = Anxiety Hell raisers Day dreamers  Common issues  Types of Support if your child has SEN  The Equality Act 2010  101 Reasonable Adjustments for ADHD  Dealing with school  Action: the antidote to the anxiety equation

Common ‘square peg’ Issues

Children with ADHD have “Special Educational Needs”?

What the Law says about “Special Educational Needs” Section 20 (1) (CFA): a learning difficulty or a disability which calls for special educational provision to be made for him or her. Section 20 (2) (CFA): A learning difficulty or disability if: a significantly greater difficulty in learning than the majority of others of the same age, or (b) has a disability which prevents or hinders him or her from making use of facilities of a kind generally provided for others of the same age in mainstream schools

SEN Support If no plan or statement your child with SEN should be on SEN Support Section 66 CFA 2014: Duty on schools to use their “best endeavours” to secure special educational provision Schools have a duty to ‘have regard’ to SEN code of Practice 2015 (chapter 6 schools) SEN SUPPORT: the school must engage in a cycle of ASSESS → PLAN → DO → REVIEW Communication and interaction - Cognition and learning – Social emotional and mental health - Sensory and physical A record of above must be kept in a SEN Support Record and made available to parents who should be informed /involved All staff working with pupil should be made aware of their: needs - outcomes sought - support and teaching strategies required. The decision to involve specialists can be taken at any time and should always involve parents Must provide annual report and meet parents 3 times a year They should trigger an EHC needs assessment where cannot meet a child’s needs – don’t have the expertise or funding to identify those needs or provision required - know what the child’s needs are and provision is but they cannot make that provision

Education Health and Care Plans Legal threshold for when LA has to carry out an assessment: S. 36 The LA must secure an EHC needs assessment...if, (a) the child or young person has or may have special educational needs, and (b) it may be necessary for special educational provision to be made for the child or young person in accordance with an EHC plan. Legal threshold for when LA has to issue a plan S.37(1) Where, in the light of an EHC needs assessment, it is necessary for special educational provision to be made for a child or young person (a) the local authority must secure that an EHC plan is prepared for the child or young person, and (b) once an EHC plan has been prepared, it must maintain the plan.

ADHD: Diversity v Disability? The social model of disability says that disability is caused by the way society is organised, rather than by a person's impairment or difference.

What the Law says about disability? Section 6 (1) (EqA): A person (P) has a disability if— (a) P has a physical or mental impairment, and (b) the impairment has a substantial and long- term adverse effect (12 m+) on P's ability to carry out normal day-to-day activities.

The Equality Act 2010 Offers individuals protection against discrimination on the basis of “protected characteristics” :Disability Gender reassignment - Marriage and civil partnership - Pregnancy and maternity –Race - Religion or belief – Sex - Sexual orientation Applies to The Responsible Body of ALL schools It says : It is unlawful for a school to discriminate against an applicant or pupil in relation to: Admissions – Provision of Education – Access to Benefit, facility or service – Exclusions – Any other detriment Also unlawful to harass or victimise applicant, pupil(or parent) 5 forms of discrimination that are unlawful at school: direct – indirect – arising from disability – failure to make reasonable adjustments – pregnancy and maternity 

Direct Discrimination Direct Discrimination: A person (A) discriminates against another (B) if because of a protected characteristic A treats B less favourably than A treats or would treat others There is no defence but very difficult to establish. You need a ‘comparator’ who does not have a disability.

Indirect Discrimination A person (A) discriminates against another (B) if A applies a Provision, Practice or Criteria (PCP) which is discriminatory in relation to a relevant protected characteristic of B’s. A PCP will be discriminatory if A applies it or would apply it to persons who are not disabled (not just happening to ADHD child) It puts or would put disabled persons (generally)at a particular disadvantage compared with persons who are not disabled; It puts or would put the disabled person (specifically) in question at that disadvantage; and A cannot show that it is proportionate means of achieving a legitimate aim

Discrimination arising from disability A person (A) discriminates against a disabled person (B) if: (a) A treats B unfavourably because of something arising in consequence of B’s disability, and (b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim e.g. Health and Safety can trump disability.

The Duty to Make Reasonable Adjustments There are 2 requirements applicable to schools: RA Requirement 1: Where a PCP of A’s puts a disabled person at a substantial disadvantage in relation to a relevant matter(Admissions, Provision of education, Access to benefit or service) in comparison to persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage. RA Duty 3: Where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison to peers who are not disabled Aid is a piece of equipment e.g special chair, computer. Service is something people provide such as personal assistance / therapy

Reasonable Adjustments for ADHD Remember T here is no definitive guide for what is a reasonable adjustment what works for one child or is feasible and reasonable is one environment is not necessarily in another. Adjustments can be made in the classroom, for break times, to behaviour policies and for exams. What is Reasonable consider? Factors to be taken into account: SEN provision available Resources of school and availability of financial assistance Financial and other costs of making the adjustment the effect of the disability on the individual Health and safety requirements The need to maintain academic, musical, sporting and other standards The interests of other pupils and prospective pupils

The Act permits more favourable treatment for disabled people (the ‘floodgates’ argument has no place here)

Harassment and Victimisation Harassment A school must not harass a pupil or applicant that is engage in unwanted behaviour that is related to a relevant protected characteristic and that has the purpose or effect of: Violating a pupils dignity, or Creating an intimidating, hostile, degrading, humiliating or offensive environment for the pupil. This provision does not protect disabled child from harassment by other pupils however the provisions mean that schools have an obligation to ensure bullying because of protected characteristic is treated with same level of seriousness as other bullying. Victimisation A school must not subject a person to detrimental treatment (i.e. Disadvantage) because they have carried out a protected act. A protected act is: - making a claim or complaint of discrimination -giving evidence or information in a claim under the Act - making an allegation that the school or someone else has breached the Act - doing anything else in connection with the Act There must be a link between what that person did and the schools treatment of him or her.

Exclusions It is unlawful for the RB to victimise or discriminate by excluding from school -informally, fixed term or permanent It is not unlawful to exclude a child with a disability, but exclusion because of ADHD would be and for a manifestations of ADHD will also be if cannot show discrimination was a proportionate means of achieving a legitimate aim. School must make reasonable adjustments to exclusion process and disciplinary sanctions imposed for disabled pupils Maintained schools are subject to exclusions law and guidance including appeals procedure and provision of education for excluded children EqA also applies to independents/academies/free schools

Beware of Regulation 4 4, (1) For the purposes of the Act the following are not to be treated as impairments:- (a) a tendency to set fires; (b) a tendency to steal (c) a tendency to physical or sexual abuse of other persons (d) exhibitionism, and (e) voyeurism.

How To: Deal with Schools This is how they may see you: Combative Over protective Helicopter

How To: Deal with Schools Thing to remember when dealing with them:

What if your ‘honey’ isn’t sweet enough? School complaints procedure including appeal panel Complaint to EFA or DFE for Breach of Statutory Duty or Unreasonableness Local Government Ombudsman (limited) Ofsted (limited) EHC Assessment and/or SEN Appeal Equality Act Claim ( disability discrimination) Judicial Review (LA in child’s name if merit) NB: Distinction between State v Independent – contractual relationship/but EqA applies

Any Questions?