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= Understanding Exam Access Arrangements and Disability =
= Understanding Exam Access Arrangements and Disability =
''This page is part of the School Issues section.''


<blockquote style="background-color:#f9f9f9; border-left:4px solid #36c; padding:0.6em;"> '''Summary:''' Explains how the JCQ exam-access rules work with the Equality Act 2010 — confirming that diagnosed disabilities such as ADHD, dyslexia or autism already meet the legal definition of disability and do not require new school testing for exam arrangements. </blockquote>
* Return to main navigation:* [[School_Issues]]<blockquote style="background-color:#f9f9f9; border-left:4px solid #36c; padding:0.6em;"> '''Summary:''' Explains how the JCQ exam-access rules work with the Equality Act 2010 — confirming that diagnosed disabilities such as ADHD, dyslexia or autism already meet the legal definition of disability and do not require new school testing for exam arrangements. </blockquote>


== What parents need to know about JCQ rules for GCSEs and A-levels ==
== What parents need to know about JCQ rules for GCSEs and A-levels ==

Latest revision as of 10:16, 16 November 2025

Understanding Exam Access Arrangements and Disability

This page is part of the School Issues section.

  • Return to main navigation:* School_Issues

    Summary: Explains how the JCQ exam-access rules work with the Equality Act 2010 — confirming that diagnosed disabilities such as ADHD, dyslexia or autism already meet the legal definition of disability and do not require new school testing for exam arrangements.

What parents need to know about JCQ rules for GCSEs and A-levels

Summary: This page explains how the JCQ (Joint Council for Qualifications) rules on exam access arrangements work alongside the Equality Act 2010. It clarifies that schools and exam boards must comply with the Equality Act in every case; that a pupil’s disability does not need to be re-tested if already evidenced; and that the SEND Tribunal has legal authority to decide disability discrimination cases in schools.


1. What the JCQ document actually says

The Joint Council for Qualifications (JCQ) sets the national rules that schools and exam boards must follow when giving exam access arrangements (for example, extra time, a reader, or rest breaks).

These rules are written to enforce the Equality Act 2010, which applies to every part of the JCQ process. This means the Equality Act overrides any school rule or test requirement that would otherwise disadvantage a disabled pupil.

The purpose of these rules is to make sure that disabled students are not unfairly disadvantaged in exams.

Under the Equality Act 2010: If a young person is disabled and their condition puts them at a substantial disadvantage, the school and the exam board must make reasonable adjustments.


2. Two ways a need can be recognised

The JCQ recognises two routes for granting access arrangements, depending on how the student’s needs have been identified.

JCQ routes for recognising need
Route What it means Evidence JCQ expects
Disability route The student already has a recognised diagnosis or professional evidence of a disability (for example ADHD, dyslexia, autism, or a long-term health or sensory condition). A medical, psychological, or other professional report confirming the disability.

This report itself counts as evidence of how the condition affects learning or exams, especially where it recommends or describes adjustments for school. Any existing school evidence — such as support plans, teacher observations, or records of classroom adjustments — can also be used. If such evidence is present, no new or additional school-based or external testing is required.

Learning-difficulty route The student has ongoing difficulties with reading, writing, or processing but does not have a formal diagnosis. Standardised assessments (for example reading or processing-speed tests sometimes called Form 8 evidence) are used to show a significant and persistent difficulty.

The testing route was created to help schools detect hidden or undiagnosed learning difficulties — not to re-test pupils who already have a confirmed disability.


3. What this means if your child already has a diagnosis

If your child has ADHD, dyslexia, autism or another neurodevelopmental condition that has a long-term and substantial effect on learning, concentration, or written work:

  • They already meet the Equality Act definition of disability.
  • JCQ guidance (Section 5.2.3) says that where a candidate is disabled, the centre is not required to carry out standardised testing to prove this again.
  • What matters is current evidence of how the condition affects your child now and what their normal way of working is in lessons and internal assessments.
  • A diagnostic report does not expire; it remains valid evidence of disability. Schools may add short updates about how the condition currently affects learning, but they do not need to “re-test” the disability itself.
  • Any recommended adjustments — such as extra time, rest breaks, or use of a laptop — should already be in place and continue to be in place. Their ongoing use is itself evidence of your child’s normal way of working, which JCQ requires to be reflected in exam arrangements.

4. Why schools sometimes get this wrong

Many schools misunderstand the JCQ rules and insist that all students must sit new assessments (often called cognitive tests) at age 15–16, or claim that earlier reports “don’t count.” That is not what JCQ or the Equality Act say.

Standardised assessment is only for pupils who do not already have medical or professional confirmation of a disability. Re-testing a diagnosed pupil simply repeats work that has already been done and may delay the adjustments they are legally entitled to.


5. What parents can say to a school

You can politely remind the school that:

“My child has a disability under the Equality Act 2010.

JCQ Section 5.2.3 explains that where a candidate is disabled, the centre is not required to carry out standardised testing to establish a learning difficulty.

The school only needs to show how the condition currently affects learning and what my child’s normal way of working is.”

You do not need a medical or psychological diagnosis for the Equality Act to apply — what matters is whether the condition has a substantial and long-term effect on normal learning activities. The JCQ testing requirements apply only when no confirmed disability exists and the school is trying to detect one.

If the school still refuses to recognise the disability or to put agreed adjustments in place, ask to meet the SENCo and the Head of Centre in writing. You can also contact the JCQ Centre Inspection Service for clarification. If the issue remains unresolved, you can take the matter to the SEND Tribunal, which can decide whether a pupil is disabled and whether the school has failed to meet its duties under the Equality Act 2010.

6. Key message

  • A diagnosis of ADHD, dyslexia, autism, or another neurodevelopmental disorder already establishes disability for exam-arrangement purposes.
  • The school’s role is to evidence impact and normal way of working, not to re-prove the disability through new tests.
  • JCQ testing requirements apply only where no diagnosis or confirmed disability exists.
  • The Equality Act 2010 overrides any internal school policy that conflicts with these duties.

Further reading and official links


Source and disclaimer

This page is based on the JCQ Access Arrangements and Reasonable Adjustments 2024–25 and the Equality Act 2010 (Schedule 17), which together set the legal framework for exam access arrangements in schools. It reflects my assessment of what the Equality Act and the JCQ guidance expect schools and exam boards to do when supporting disabled students.

It is not legal advice, but a good-faith explanation of how the published standards and statutory duties should be understood in practice. If a school or centre takes a different view, it is their responsibility to check that position against the JCQ guidance and the Equality Act 2010. If needed in individual cases, parents or schools can refer to the full JCQ guidance or seek professional legal advice.

Last updated: November 2025