According to the law special learning needs fall into 3 categories, the following being the category for which most ADD/ADHD children fall.

'Children who find learning more difficult than the majority of children their age'.

This includes children with mental, physical or behavioral problems. According to the law, these children, wherever possible should have their needs met within mainstream school with additional help and support provided.

Firstly, the parents, together with the school, can request an assessment of their child by the Educational Psychologist. This can be a lengthy process and parents should be prepared to keep pressing the local authority for a date for assessment.

The Authority will then write to the parents to propose carrying out a formal assessment and asking for parents views. A form will be sent out asking about the child and their needs to be completed as fully as possible. Try to take a step back and view your child as realistically as possible. Try to give as many examples and explanations to each question as possible.

Parents are also invited to send in reports by anyone else who has any relevant information regarding the child. 29 days are allowed to complete this form and return it to the local education office.

A 'named' person can be asked to help with this process. A 'named' person can be a friend or professional who is willing to assist and attend meetings with parents. Some points to consider when choosing a 'named' person are as follows (taken from 'A Special Partnership' by Kerr, Sutherland & Wilson, HMSO 1995):

A good communicator
Say if they disagree with parents
Be easily contacted
Be around for several years
Know the parent and child well
Know the education system or be willing to find out about it
Have some free time
Be good at seeing things through
Have no potential conflicts of interest
Be willing to make a long term commitment
Be trusted and relied upon by parents
Respect confidentiality
Be a good listener

The person with all of the above must be unique, just a few would help!

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Once the parental report is received, a decision will be made, whether or not to proceed with the assessment. The Authority will write to the parents, advising this.

The formal procedure will then start:

The Authority will ask for reports from:-
the child's present school
the Local Health Authority
the educational psychologist
Social Services to see if the child is known
any other agencies or therapists involved with the child.

A copy of the parents information regarding the child is sent to all of the above, who will probably wish to see the child. They will then send their reports to the Education Authority; where they will be assessed. The Authority will then decide whether any special provision is required.

If a statement is issued, a copy will then be sent to parents, along with a summary of the child's educational needs, details of the sort of help required and information as to how the help will be provided. Copies of all reports will be attached.

If a statement is not issued, the Authority will write to the parents, stating why this is the case. The parents have a right to appeal if they disagree.

15 days are given for parents to respond to the draft statement. Parents may comment on the proposals and further evidence may be submitted. The parents need to confirm that the draft statement includes:

1. All provision to be provided by the school or Authority or both.
2 . The number of hours of help .
3. Any special equipment required by the child.
4. Any special therapy required e.g. speech therapy.
5. Educational targets for the child, to be reviewed annually.
6. Any changes required to the National Curriculum.
7. A list of suitable schools.

Visits to schools are recommended and the parents choice needs to be noted.

The Authority will then confirm the statement and send a copy to the parents, the Head teacher of the child's school and to the professionals who have submitted reports.

If parents disagree with the statement, there is a formal appeals procedure. Information about this is sent with the statement.

A total of 26 weeks is the legal length of time for the whole procedure. The 1994 Regulations set out the timetable for the assessment process:-

6 weeks - to consider whether an assessment is required
10 weeks - making the assessment and deciding on a statement
2 weeks - defining the proposed statement
8 weeks - finalizing the statement

Total 26 weeks.

The school is then obliged to implement the conditions within the statement. This includes producing an Individual Education Plan for the child, setting out the targets and assessing progress. Parents are included in this. If the child is to receive, say 14 hours of classroom assistant time, then the school must employ a suitable person for that position.

The statement must be assessed annually.