Parents asked recently, should children with ADHD, Autism or other challenges be in mainstream school (rather than special school)?

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.

Timing of annual reviews (s44 CFA2014). Is it correct that an annual review should be 12 months after the date an amended EHCP was issued (following a tribunal appeal)?

s44 CFA2014 requires an EHCp to be reviewed within 12 months of being issued and then within 12 months of the date the EHCp was last reviewed.

The last review of my 9 yo daughters EHCp was/was completed on the 1st July 2022. We appealed to the FTT who ordered amendments to the EHCp, and the amended document was issued on 30th April 2023. The LA now claims that the next s44 review must be completed by 30th April 2024 and not 1st July 2023 as s44 requires.

Does disability living allowance automatically transfer to PIP benefit?

When children turn 16 there can be changes to their support.

The cost of an EHCP disagreement. Can you outline the costs for parents of taking the LA to tribunal?

Would you like to find articles by and about Support SEND Kids that can be shared by members?

Can you suggest what Section E (Outcomes) should include?

Many parents, when presented with their draft EHCP, are unsure whether the Outcomes in Section E are 'good enough'. What should or shouldn't be included. What does a 'good' Section E look like. Parents only have 15 days in which to respond to the Local Authority. Guidance from our community would be much appreciated.

Is it true a child could be assessed quicker by CAMHS by applying for an EHC needs assessment, rather than joining the CAMHS general waiting list?

We hear of parents, who believe their child is SEND, waiting many months to get their child's mental health assessed by CAMHs. Because the EHCNA (EHC needs assessment) has a legal time limit, if an LA agreed to a needs assessment, then is it possible/likely the child could be seen sooner than on the general waiting list.

Can a school exclude a child with Autism and/or ADHD?

This is a question we hear often from parents. Parents can feel that their child is being unfairly treated or who 'act up' because their needs aren't being met.

Can I download the Disability Law in Education No-nonsense Guide as a pdf?