ADHD and extra time in exams

[VivienScott]

Hi All,

I’m hoping for help/advice. My son was diagnosed with ADHD last year. I had the full educational psychologist and psychiatrist report done which lays out the diagnosis, how it’s likely to affect him and what support he should have at school. I sent this to his school and although they put together a “passport” for him and his teachers there have been a number of issues with teachers not reading it, telling him off for fidgeting despite it being a symptom etc. I’ve had to speak to the school a number of times about it and it’s clear it’s not been communicated very well.
His ADHD report clearly states he should be given extra time in exams. However, the school are now saying that the decision to grant extra time is down to them to recommend to the exam board and a psychiatrist report has no influence here, nothing I can do etc.
Any plans experience or thoughts? I know ADHD is a recognised disability so it feels like an unusual approach.
AIBU for thinking the school are being very odd here?

They're not wrong.

ADHD is a recognised disability. It's at the school's discretion to offer all of the following: a) rest breaks (sometimes called movement breaks) b) a laptop c) a separate room (often with other children)

They cannot choose to give extra time regardless of any diagnosis (same applies for reader). Your child must be assessed by someone with a recognised level 7 qualification (masters level, could be an educational psychologist/spld teacher) and they must score significantly below average in two areas- eg: processing and writing speed.

This application is for JCQ- joint council qualifications, so it's valid for all subjects and it's valid for a period of time that will typically cover both GCSE and ALevel (or equivalent).

The posters who are saying it must be the students normal way of working are correct - this may be where the subject discrepancy has come in.

The above does not apply if the student has an EHCP- they are entitled to whatever they need basically!

Also, the results are not submitted anywhere- the school grants the extra time, once the student meets the criteria. They are recorded on a form 8 that would need to be filed with supported evidence in school and it is then inspected over exam season.

Your child must be assessed by someone with a recognised level 7 qualification (masters level, could be an educational psychologist/spld teacher) and they must score significantly below average in two areas- eg: processing and writing speed.

That only applies to those who being assessed under the learning disabilities criteria who need a Form 8. It does not apply to those with ADHD for whom a Form 9 must be completed. This is what JCQ’s regulations state.

Some access arrangements such as extra time do have to be applied for via access arrangements online and approved.

Thanks for the clarification

Just to correct my last post, I meant learning difficulties rather than learning disabilities.

While the exact processes have changed over time, the legislation requires the school to make the (recommended) Reasonable Adjustments for ADHD when diagnosed, and a 5 minute search on the latest government and other legal advice for England on RAs in secondary education for ADHD confirm that. Once the school has that in place, EHCP or otherwise, then it becomes the student's normal way of working and having read what others have said about it, there should be no later problem with submitting that to the exam board because it has already been in place routinely. So, the diagnosis ought to be enough to get the RAs in place and that tracks forward. Obviously others on the thread have detailed knowledge about the current processes for ADHD, and I understand why someone said I was incorrect, I do understand what you mean, but my more general point is valid.

If challenged a school has to justify why they didn't make the standard RAs in the first place - this may be Disability Discrimination under the Equality Act 2010 to have resisted doing so. I think the OP needs the advice of a lawyer, an ADHD advocacy organisation, and/or the diagnosing psychiatrist (they are sometimes helpful with this side of things when prompted, sometimes not) to push the most relevant points for their specific case and timelines. (IANAL.)

Another solution in retrospect (when exams have been taken when the right support wasn't in place) is that there is nothing to stop a student from alluding (in their personal statement and/or at interview, for example) ANY circumstances that mean they have risen to an additional challenge - having ADHD and not having had the school put in timely mitigations would be such a challenge. It's a personal choice but declaring, and framing in a positive manner can be helpful. I know people who have done this with success. And always tick the box for college and uni applications to declare a disability with an ADHD diagnosis.

I'm grateful for all the helpful information posted, thank you.

I wonder if we're now too late to get extra time approved by the exam board for my year 11 DS since the reasonable adjustments aren't in place at his current school where he's been for a year. Any thoughts?

And can anyone suggest a suitable lawyer?

We have a meeting on Monday with Academic Support so will be using all the information provided in your posts to put our case forward.

I just wish I'd thought to ask for your knowledge and advice at this time last year!

I have no specific and current knowledge on this question but using past and general experience, the following seem like they might be good starting points:

Advocacy, information, resources:
https://educationadvocacy.co.uk/ehcp-for-adhd/
https://www.adhdfoundation.org.uk/

Education solicitors (probably have some useful information to read this weekend too):
https://www.educationlawadvice.com/
https://www.irwinmitchell.com/personal/protecting-your-rights/education-law
https://www.simpsonmillar.co.uk/education-law-solicitors/

There are other ADHD support groups that are either local or with local groups that can often help with advice and (local) solicitor recommendations so I'd do a search for that in your area and nationally.

Good luck on Monday and for getting things sorted in the longer term. I wouldn't stress too much about the GCSEs, although there may be time within this academic year to get things in place for exams next May/June. Getting things in place for 6th form and beyond is the key thing, partly because ADHD can be much harder to deal with as academic, organisation and general life demands progress into adulthood, and formal or informal strategies (and/or academic ability) that have compensated (somewhat) can start to compensate less and so things become more of a struggle and potential is not met. Also look up resources on "Dual Exceptionality" which means high academic (sport, music, art...) potential or IQ, in someone who also has SEND. Try PotentialPlusUK https://potentialplusuk.org and a general search.

For a child without an EHCP to have extra time on the basis of a medical condition eg ADHD, the Joint Qualifications Council (JCQ) requires the school to state that they have tried supervised rest breaks as a reasonable adjustment and that these are not sufficient for child’s needs. This is a requirement whether or not the consultant’s report states that the child should have extra time - the JCQ’s view is that consultants are not educational experts, have not seen the child in the classroom or the exam hall and are usually not familiar with the range of access arrangements available.

In addition, the JCQ view supervised rest breaks as an appropriate adjustment for many children with ADHD who need the option to move rather than spending longer in an exam hall. A supervised rest break allows the child to leave the exam room with an invigilator, the exam clock is stopped for that child and the time they take for the rest break is added on at the end of the exam. In theory, supervised rest breaks are unlimited - the child can take as many breaks as they need for as long as they want and not lose any exam time.

All access arrangements are based on teacher evidence of a child’s normal way of working. 25% extra time is only relevant if the child works slowly and has sufficient knowledge of the subject to use the extra time. Some children with ADHD hyper focus in exams and do not need extra time, some need a prompter to keep them focused and others need the option to get up and move. Some children with ADHD will require a combination of access arrangements.

The deadline for applications for next summer’s GCSE and A levels is March 2024. There is sufficient time left for the school to establish a normal way of working and make an application if needed.

Thank you so much, that is so helpful. He tried rest breaks in the last academic year and his exams results dropped significantly.

Great to know the deadline for this year!

Interestingly DS was told he could sit quietly at his desk rather than leaving the room when taking a rest break. And no mention of unlimited rest breaks, there was a definite limit - which added another pressure of trying to manage the amount of time taken and still available.

@RedGingham From JCQ Instructions for conducting exams. “For candidates with approved supervised rest breaks, the rest break may be conducted outside of the examination room, with the candidate being supervised …”.

There are practical considerations with the amount and number of rest breaks eg.if he has another exam that day and also staffing. The rest breaks should reflect his normal way of working. What should happen is that, prior to the exams, the number and duration of the rest breaks is agreed with the child to allow the centre to make arrangements.

@Postapocalypticcowgirl I'm having problems opening the link you very kindly sent me with the relevant JCQ information. Would you be able to post again with a new link?

@Postapocalypticcowgirl I think I've found the information your link referred to so no need to repost it, thank you

There are practical considerations with the amount and number of rest breaks eg.if he has another exam that day and also staffing.

I agree.

But IMHO staffing isn't relevant to the application for the extra time. That's up to the school to organise an extra invigilator to come in, once the extra time is granted. These are the sort of considerations parents should not bring up in meetings if not mentioned by the school as it's the school's issue, and to push back against if a school is trying to restrict access to exam provision for this reason.

There is provision for exams to be sat later on a different day (this would be the second exam obviously). A student with ADHD should not have a curtailed lunch break, at least an hour IMHO.

Not sure about current regulations but I've known exams to be started early too at both school and university. However, two exams in one day might be too much even with rest breaks for someone with ADHD so that should be built into normal ways or working too. Just because someone can do a full day of standard studies (if they can) doesn't mean that exams, which are a different thing entirely.

Some people have to sit their exams over a whole day or more with invigilation at home or hospital and as much or more rest breaks as study time, so it's ALL doable (if genuinely appropriate). Again, don't be fobbed off when what is meant it "we can't be bothered" or "our lay opinion based on who-knows-what is...". It's all been done before. It's all possible if it's necessary.

which added another pressure of trying to manage the amount of time taken and still available.

Can a support worker to assist with this (but not the exam content itself), or additional tuition from a professional in how to manage this, with plenty of supervised practice, be added to the Reasonable Adjustments, be added to his RAs? Should be able to.

@AlfredaTheGrape thank you, what you say makes such good sense.

He definitely needs more practice using rest breaks and some guidance on how to use them would be good. The school has just allocated an Academic Support teacher to him for an hour a week so this is something perhaps she could cover.

All the helpful information everyone provided since I posted last week has been great. After our meeting with the school on Monday, they are now considering whether it would be appropriate to submit a request for extra time on medical grounds/ADHD/form 9. You all gave me the details I needed to advocate for my child. A small step in the right direction.

I'm back! SENCo has confirmed she is definitely refusing to apply for extra time for my ADHD DS. Says Form 9 isn't used for extra time applications when I can clearly see that it is.

Has anyone used an Education Law Solicitor for an issue like this and can give me the contact details? I've tried a couple already but they only advise where a child has an EHCP and my DS doesn't.

Hope someone can help. Thank you.

I haven't read the thread as im at work so having a quick scroll while my PC updates!! My daughter was awarded extra time for SATs at primary school following an Ed. Psych report in year 5 showing she had slow processing disorder. I've had hells delight getting any sort of support in secondary. She was diagnosed with ADHD in Y9 and ASD isn Y10. The only way for her to be granted extra time in exams was by the SENco applying to the LA and she had to sit DASH test at the start of Y11 (deadline was Y10 but the head teacher managed to get her through as the SENco is very good at saying the right things, and doing nothing, but that's a whole other story!) The results of this meant she now has 25% extra time in all exams and a reader pen/laptop. It wasn't subject specific and she has used the extra time in most exams.

Getting any help at all has been a real uphill struggle through secondary school, once the support was finally in place (y10!) She went from bottom sets to near the top in both Science and English, but I feel wrung out and can't wait for her to leave there. Her mock results so far means she's been able to apply for A Level courses in college though which is what she desperately wants.

All my waffle was really saying that unfortunately I've found you really have to fight their corner, or they get missed in a school setting

Purplepeople with ASD and ADHD, DD did not need to sit a DASH test. That would apply to applications made under the learning difficulties criteria using a Form 8. Not those with other disabilities who need a Form 9. For exams sat at the end of Y11 the deadline for access arrangements isn’t in Y10 either. You can see the rules in JCQ’s guidance.

RedGingham have you spoken to the exams officer and gone through the formal complaints process? If not, try that. If you want to seek legal advice have you tried Coram, Sinclairs law and Simpson Millar?

@Purplepeople12 glad to hear you got there in the end and the extra time has helped your DD. I’ll keep fighting!

@OvertakenByLego thank you, hadn’t thought of talking to the Exams Officer. Will have a look at the law firms you’ve suggested.

@OvertakenByLego I'm afraid that's what happened and what I was told! She sat the DASH test, no other learning difficulties at all, and no other test were taken. That was the criteria for her being given extra time.

@OvertakenByLego Like I say though, yhe SENco here is rather unhelpful and there is a huge uprising from other parents in this school, unhappy with how she has performed.

@Purplepeople12 it is what you were told, but it isn’t the rules.

@OvertakenByLego Just found the email, it says "xxx sat her DASH test on the 4th October and scored xx. Based on the current JCQ Guidance, xxx qualifies for extra time, a reader and a supportive environment"

The school has been horrendous (& they pride themselves on their special needs provision!)

Anyway it's another thing to add to my pile of school shortcomings!