By Colin Adamson, Solicitor, Palmers Solicitors
Neurodiversity Celebration Week has once again brought support for neurodivergent individuals into the spotlight – both in the workplace and the classroom.
With around 15 per cent of the population in the UK having some form of neurodiversity, which might include autism, ADHD, dyslexia or dyspraxia, it’s important that we shine this light particularly brightly on support in the education system, which goes a long way towards shaping early, formative experiences for young neurodiverse people.
However, this moral and social case has not always been enough to drive meaningful change in schools and colleges, so I’m here to cover the legal case.
It’s important for both education providers and parents or students to understand the rights of neurodivergent young people when it comes to school.
Getting started
In the first instance, under the Children and Families Act 2014, your local authority will be responsible for providing relevant special educational needs and disabilities (SEND) support in your area.
When the child moves on to school, the local authority then must make the headteacher at their intended school aware of relevant support services.
Once in a place at a school, a neurodiverse child may require accommodations or support from their school, which is provided directly by school staff, and maybe or may not be agreed with external bodies.
To avoid discrimination, schools must provide “reasonable” adjustments for pupils with SEND requirements, including certain types of neurodiversity.
Understanding reasonable adjustments
This means that schools can provide these adjustments without, for example, disrupting the learning of other pupils or breaking any regulations.
Examples of reasonable adjustments may include:
- Extra time or breaks during examinations
- An adjustable desk
- Lessons scheduled in accessible classrooms
- Adapted physical education lessons
- Allowing speech-to-text equipment in the classroom
However, schools are not legally required to provide accommodations that may be seen as unreasonable. These may include:
- A full-time one-on-one teacher for a child
- Installing a lift in a listed or structurally unsuitable building
- Anything that is prohibitively expensive
Many disputes arise here because parents and schools may disagree on what constitutes a reasonable adjustment.
It’s important to understand these disputes from all angles and show a degree of sympathy for all parties.
For example, in the case of expense, schools should understand that parents want the best for their child and are more familiar with the child’s needs than anyone else. Conversely, schools likely also want this, but operate with strict budgetary requirements that may be unable to meet the child’s needs.
All parties should remember, however, that schools cannot expel or suspend a pupil because they have additional needs that the school is unable to meet.
In this situation, it may be in the best interest of the pupil to reach an agreement informally, perhaps for the pupil to be transferred to a specialist school or for increased monitoring.
SENCO
All mainstream schools must have a special educational needs co-ordinator (SENCO), who can help to arrange support for children and young people where necessary.
For younger children, schools can arrange adjustments in the form of, for example, learning plans, extra time or support from a teacher or working in a smaller group or quieter environment.
Older children and young people may be more involved in their support, received from their college or university.
Ultimately, what is important is achieving the right level of support for neurodivergent young people individually and as a whole.
Updating the narrative
This Neurodiversity Celebration Week, we look to recognise the law plays in securing support for neurodivergent children and young people in schools.
I also encourage parents and guardians to familiarise themselves with young people’s rights to SEND support and how to access it.
It’s also important to look beyond the law at the social and moral case for neurodivergent inclusion. While much progress has been made in recent years, we still find that parents are having to fight to have their child supported in the right way.
It’s time to put an end to that, and that starts with schools and colleges and their commitment to abiding by the law and listening to pupils’ needs.
To learn more about the legal requirements in this area, please don’t hesitate to contact me.