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Is it true that ADHD is not considered a disability as far as The Equality Act 2010 is concerned?
This question relates to a case we were told about recently: my 8 year old son was recently given a fixed term exclusion for ‘non-complaint behaviour’, the worst of which seems to have been using the calming fiddle toy we had given him during lessons. He does not have an EHCp but we are looking at that. He has been diagnosed with ADHD but we believe he also has a number of difficulties outside the ADHD diagnostic criteria. We believe this exclusion amounts to disability discrimination. Our first response was to complain to the Academy and eventually a meeting was held which was chaired by the Chair of Governors who claims to have decades of SEND experience. At the start of the meeting, she questioned the legitimacy of our concerns as, as far as she was aware, ADHD was now not considered a disability as far as The Equality Act 2010 is concerned as this is what she had read in a local newspaper.
