What are access arrangements?

Pupils who have learning difficulties and disabilities may qualify for help in public examinations. This is referredt to as 'Access Arrangements'.

This is additional support to help your child demonstrate their full potential in an examination. 

The most common arrangements are for extra time, or provision of a computer, or a person to read or write for the pupil (except for exams that specifically test these skills, such as English). 

There is a range of other possible arrangements for pupils with visual or hearing impairments, or other difficulties.

The legal requirement to make such adjustments is found under the Equality Act 2010. 

In order for this to apply the child or young person would need to fall under the definition of ‘disabled’ within the Equality Act – they must have an impairment which has a substantial and long-term adverse effect on their ability to carry out day-to-day activities. 

If a pupil fits these criteria, then the responsible body of a school  has a duty not to discriminate against that pupil, and the examination board has a duty to make reasonable adjustments to accommodate for that pupil’s disability. 

This is a legal duty set out in sections 85 and 96 of the Equality Act 2010.

How will the school or college decide who qualifies for help?

The school decides whether this support is needed by reference to rules and guidance laid down by the Joint Council for Qualifications (“JCQ”). 

For each type of access arrangement, the JCQ sets evidence requirements which must be met for the pupil to qualify. 

For full information, the rules can be accessed on the JCQ website. 

When a school is aware that a pupil may need access arrangements, it should gather the necessary evidence of need from class teachers and others (such as parents, the pupil and any other staff and external professionals involved). 

The school may need to carry out assessment tests (e.g. of reading, spelling, comprehension, writing or processing speed). 

Documents such as an EHCP or a report from professional such as an educational psychologist may be supportive, but do not automatically entitle a pupil to access arrangements without additional corroborative evidence from the school.

The school should apply for permission to put the access arrangements in place for all assessed parts of the course (not just the final exam). 

It is best if the school applies before the pupil begins the exam course. 

The first step is to speak to the class teacher and SENCO. 

If you have already done this, approach the head teacher or other relevant member of the senior management team for a meeting about the kind and amount of help which you believe is necessary. 

Be prepared to show evidence that the help is needed. 

The best evidence will be the fact that the child or young person has needed, and received, help of this kind in the past; for example, if they have previously received help reading exam papers, or extra time because they are slow at reading exam papers, in internal exams.

If you have any other evidence from reports that set out the child or young person’s difficulties (for example with reading, spelling or writing) and provides for them to have help in class or with tests, this is important supporting evidence.

If the child or young person has an EHCP then this may strengthen your request, but it doesn’t create a legal obligation on the school to arrange this extra help with exams. 

However, if the EHCP specifies help with reading texts (for example, in the form of support from a teaching assistant) then this will be important evidence that this is how the child or young person normally works, and they are going to need the same kind of support in order to do their best in public exams.

It may be that there is not enough evidence that an access arrangement is the child’s ‘normal way of working’, perhaps because he has only recently arrived at the school, or because this need has only recently become apparent. However if you beleive that they are only able to demonstrate their full ability with the relevant support you should insist the school carry out the relevent assessments to support an appliction for access arrangements.

Key Stage 2 SATS & Exams

There is different guidance for adjustments for the Key Stage 2 SATS. 

This guidance makes clear that schools need to organise these adjustments with the Standards and Testing Agency (referred to as STA in the guidance). 

Schools must apply for certain adjustments in advance (and these are set out in Section 2 of the guidance)  by submitting an application form - the school SENCO should be able to explain this process to a parent/carer. 

There are certain deadlines to adhere to so ensure you approach your school at the earliest convenience. 

In addition, there are certain other adjustments that schools don't need to apply for in advance but they must notify the STA about their use once all tests have been taken. 

These adjustments are set out in section 3 of the guidance and include things like use of a scribe, making a transcript of the child's work and using word processors or other electronic aids. 

Parents/carers need to discuss what adjustments their child might need with school staff (such as the class teacher and SENCO).

If the school will not support

If the head refuses to agree to arrange support for the child or young person with public exams, or even to agree to assess them for support, then you will need to put your request in writing and send it to the school governors. 

We can help with that either through our membership or you can contact us.

If the governors will not take action then you may have to consider making a formal complaint under the school’s complaints policy or a claim of disability discrimination against them on the basis of the failure to make ‘reasonable adjustments’. 

Again we can support you with this should you need. 

Study leave

The Working together to improve school attendance guidance   clearly states that study leave should be used sparingly and only granted to Year 11 pupils during public examinations. 

Provision should still be made available for those pupils who want to continue to come into school to revise, and as study leave is unsupervised it must be recorded as absence (paragraphs 228 and 229).  

If your child’s school says they must take study leave it is likely to be failing in its duty to do all that it can to secure special educational provision for your child. 

Children and young people with EHCP's must continue to receive the special educational provision set out in their plan. 

It is the LA’s duty to secure this, even during study leave periods. 

If you need support in enforcing these requirements with your school. Please get in touch.