Legal rights of children with ADHD

The rights of children with ADHD are protected in various ways.

A number of laws provide the statutory framework for ensuring equality of opportunity for pupils with special educational needs (SEN) or disabilities including ADHD in accessing school education.²²

The Education Act 1996
The Education Act 1996, as amended by the SEN and Disability Act 2001, stipulates that schools must make special educational provision for pupils whose behaviour-related learning difficulties call for special educational provision to be made for them. Local authorities also have a duty under the Act to, where necessary, assess a child's SEN and draw up an SEN 'statement' setting out the extra provision the child requires to meet his or her SEN. Schools can request an assessment for the child.²³

The Disability Discrimination Act 1995
The Disability Discrimination Act 1995 requires maintained schools and other public authorities, when they are carrying out their duties, to have regard to the need to:²⁴

• Promote equality of opportunity between disabled people and other people
• Eliminate discrimination that is unlawful under the Act
• Eliminate harassment of disabled people that is related to their disability
• Promote positive attitudes towards disabled people
• Encourage participation by disabled people in public life
• Take steps to meet disabled people's needs, even if this requires more favourable treatment