1. Including Disabled Students in Universities: The Legal Context in the UK in 2007 Alan Hurst Trustee, Skill-National Bureau for Students with Disabilities, London

2. Why Do We Need Legislation? 1 Disabled people face barriers trying to enter third level education 10% of 16-24 year olds are disabled (Disability Rights Commission) Half as many disabled people of working age are in employment Disabled graduates no more likely to be unemployed that non-disabled graduates

3. Why Do We Need Legislation? 2 Progressing in education and getting training and qualifications reduces the unemployment statistics for disabled people Less reliance on state benefits plus disabled people who are employed contribute their taxes to the state

4. The Disability Discrimination Act 1995 Defines disability – a physical or sensory impairment which has a substantial and long term adverse effect on a person’s ability to carry out day-to-day activities Defines discrimination – treating someone less favourably that someone else for a reason related to her/his disability without justification Justifications include: maintenance of academic standards reasons that are “material and substantial”

5. The Special Educational Needs and Disability Act 2001 This is Part 4 of the 1995 Act and it applies anti-discrimination law to education What is discrimination? Failure to make a reasonable adjustment A responsible body must take reasonable steps to ensure that disabled people or students are not placed at a substantial disadvantage in comparison to someone who is not disabled Duty to anticipate disabled students’ needs

6. Who Does the Law Protect? The law gives individual rights to a person who is: disabled under the terms of the law a student or someone enquiring about applying for admission or enrolment

7. Reasonable Adjustments Alternative assessment arrangements Accessible work placements Accessible applications procedures All services for students e.g. library, catering etc. All learning and teaching materials in accessible formats Accessible teaching practices

8. The Institution’s Responsibilities Take reasonable steps to find out about people’s disabilities Respect requests for confidentiality Be aware that this might affect the ability to make all effective reasonable adjustments Conform to the data protection law and no pass on information without the individual’s permission

9. The Question of Disclosure Institutions must encourage students to disclose using as many opportunities as possible Review what happens to the information Liaison with other organisations On-going opportunities to disclose Evidence of disability

10. Disclosure – A Recent Case Student enrolling for a course was discouraged publicly from taking the course Personal details, academic history and medication discussed in a corridor and could be heard by other students Case referred to the Disability Rights Commission

11. The Settlement A full apology Assurance that the institution would learn from the experience and other students would be treated better Guidance on confidentiality issues drafted and circulated to staff Review of institution’s disability policies and the admission arrangements Disability Equality and DDA training

12. Discrimination and Risk Assessment Some students choose not to disclose because they fear they will be prevented form doing what they want because of compliance with health and safety laws Health and safety must be complied with BUT the DDA says it must not be used in a dishonest way to avoid admitting a student, making a reasonable adjustment and providing appropriate support

13. Risk Assessment and Institutions Part of procedures within all organisations and not only for disabled students Trying to move away from crisis management Need to assess individuals and with the individual included i.e. not a complete ban on those with a particular kind of disability Decision –making clear to all

14. When Should Risk Assessment Occur? During the transition process before enrolment Work placement/work experience/fieldwork/study abroad/specialist facilities such as laboratories Changes in site or to student’s study programme

15. A Recent Case A student with epilepsy was asked to sign a learner agreement with additional terms not required of non-disabled students Its wording demonstrated poor understanding of disability equality Open discussion of medical evidence and then request for more evidence before place on course confirmed Student used institution’s complaints procedures

16. A Recent Case: The Outcomes Case successful – institution acknowledged its poor practices Apology Place on course confirmed Compensation for distress Settled before going to court

17. Case Law and Conciliation Conciliation cases in education feature: Reasonable adjustments not being put in place Reasonable adjustments not being there in time despite the fact that students have given good notice Lack of sensitivity and respect for confidentiality

18. Case Law and Universities Senior staff have been required to: Make full apologies Give an assurance that the institution has learned from the experience and future students will be treated better Undertake formal staff development including disability equality training Review procedures on admissions Pay compensation for distress and hurt feelings

19. The Newest Law The Disability Discrimination Act 2005 General duties placed on public bodies including universities and colleges to: eliminate unlawful discrimination promote equal opportunities eliminate disability-related harassment promote positive attitudes towards disabled people encourage participation by disabled people in public life

20. Specific Duties Disability Equality Schemes (DES) By Dec 2006 institutions had to publish their DES DES must demonstrate how general and specific duties being met Report annually on progress

21. The Basic Requirement for Universities By December 2006 universities, colleges national and local government bodies providing education had to devise and publish a Disability Equality Scheme (DES) and must involve disabled people in the process of producing the DES

22. Undertaking the Specific Duties Preparing action plans Involving disabled people Collecting evidence Analysing evidence Assessing impact of policies and proposed policies

23. Involving Disabled People Identifying the barriers faced by disabled people and unsatisfactory outcomes Setting priorities for action plans Assisting in planning activity Assessing the impact of existing and proposed policies Monitoring the success of initiatives taken Reviewing and revising the DES

24. Collecting Evidence 1 DES must include a statement on a) how the institution has collected information on the effect of its policies and practices on disabled people b) the effects on the recruitment, development and retention of disabled staff

25. Collecting Evidence 2 c) the effect on educational opportunities available to and the achievements of disabled students d) The extent to which the services it provides and the ways in which it functions takes into account the needs of disabled persons

26. Specific Duties :Assessing Impact The DES must: a) set out plans for putting into effect the arrangements for impact assessments of existing and future policies b) show how the impact of major projects to be implemented during the currency of the DES should be assessed

27. Progress to September 2007 DES being collected and reviewed List published of public bodies which failed to submit a DES Revised post-16 Code of Practice issued in June 2007 New guidance for universities published on August 21 st 2007

28. Further Information The Code can be seen and downloaded from the Disability Rights Commission website at http://www.drc.org.uk until September 2007 and then from October at the Commission for Equality and Human Rights (www.cehr.org.uk)http://www.drc.org.ukwww.cehr.org.uk See also the website of Skill: National Bureau for Students with Disabilities at www.skill.org.uk