Access arrangements for GCSE not being adhered to - what can be done?

[Houseplantmad]

My friend's Year 11 DS is entitled to a reader, scribe and 25% extra time - all applied for and confirmed in Year 9. Throughout Year 10 the access arrangements were patchy or non-existent. This week he has assessments and in this morning's assessment he was told there was no-one to read or scribe for him so he'd just have to manage. In his geography this afternoon he was told he would have to sit side on at the teacher's desk so the teacher could read the questions and he could supply the answers - all in front of the other students taking the assessment, which was humiliating for him and the rest of the class could hear his answers! Surely this isn't right?

My friend is desperate as her son is being disadvantaged and is losing confidence. She wrote to the Head and SEN Governor last year but nothing has changed. Can anyone advise what to do next please?. I've looked up last year's JCQ rules for her and they are breaking them but can anyone, maybe a SENCo, advise me what she should do next please?

Has your friend spoken to the Examination Officer? And has she gone through the formal complaints policy?

Does DS have an EHCP?

I would contact head of year, senco, and exams officer. Explain she is concerned the access arrangements aren't in place and disadvantaging. Then ask for assurance they will be for any future ones. Ask for head of year to phone by end 2 working days.

When they say it's a resourcing issue, say very sorry, you understand that, but that isn't your problem, and son needs his access arrangements and what are they going to do.

May not be possible for all in class tests, but must be done for any formal school exams. Assume boy doesn't have a 121 scribe usually.

Point out to all concerned that this is a direct breach of their duties under the Equality Act 2010 and you need to know exactly what they are going to do to ensure there is no repetition. If necessary she should write to the Chair of Governors. If she doesn't get a satisfactory response she should go on to say that she really doesn't want to have to get heavy about this but if they can't sort it out she will have no choice but to go for judicial review in her child's name. If they had to go that far they would almost certainly be entitled to legal aid so it's an entirely realistic threat - but I suspect the school wouldn't risk it.

At my SEN school we try wherever possible to accommodate all access arrangements in tests etc however it's my understanding we only have to legally provide them for external examinations. It's down to resources, not enough available scribes etc. A reader pen with headphones may help him - could that be suggested and funded?

Schools legally have to make reasonable adjustments at all times. They legally have to provide any provision specified in EHCPs, too, and access arrangements will be in there unless the EHCP is vague and woolly.

In order to use the access arrangements in formal external exams they need to be the pupils’ normal way of working so should be provided internally as well.