Suing due to disability discrimination

Does anyone know how I'd go about this please? I know there's criteria, such as time limit, etc. which I'm well within.

In my case, (it has been mentioned on here before) I can't attend a college because they've denied me reasonable adjustments which have been recommended by 2 unis (and were followed by said unis) and a previous college followed the same recommendations.

They tried to justify their refusal by:

- deciding I don't have Autism (it's in writing that I have it)

- telling me I don't need those recommendations as recommended by 2 qualified disabled students allowance (DSA) providers

- telling me that I have equipment I can use which solves the issue. They don't solve the issue.

- telling me that people with severe physical disabilities don't get help (how is that legal?)

They claimed it was all down to money - that's their justification.

This has meant I'm going to have try and find somewhere much further away to continue my education, for which there really is nothing.

Parents
  • FE and HE has drifted into a state of apathy regarding disability. Initially they were really scared by threats that they could be prosecuted for failings and it would damage their ratings.

    Gradually it has emerged that few disabled people take legal action. This has created a "backlash" against disability where institutions weigh up the risks of incurring legal costs. They will probably go as far as they have to for a wheelchair user, but for "invisible" disability, without any emotive issue arising, they will probably take the chance.

    The EHRC (Commission for Equality and Human Rights) is supposed to defend the disabled, but it relies on people suing, and that takes away most of the power of EHRC. It's a bit of a joke nowadays.

    They do have a downloadable publication "Technical Guide for Further & Higher Education" in which Chapter 7 outlines what institutions are expected to do and not expected to do. Because of the development of "over-arching" equality strategies, the provisions for each area of discrimination have been standardised, so that for disability is pretty "wishy-washy". However you need to read this guide to see if you can sue. There are so many let outs/cop outs the chances are slim unless you have a strong case.

    You need to be certain that your evidence that you have special needs arising from autism provides a sound case. It may be in writing, but if it says you have good coping strategies or have able aspergers, the institution may decide that you only need generic support - things to ensure you have an equal chance with non-disabled students, eg extra time in exams. That may be all they are required to do for you.

    To what extent is the equipment they say will help you not meeting your needs? It may be that they are meeting their obligations, even if it doesn't suit you.

    Regarding people with severe disabilities not getting help, this sounds a bit vague, but  they are only required to "level the playing field" - make it possible for disabled people to compete with other students without disadvantage. In that sense someone with severe physical difficulties is covered if they can get to lectures and sit exams.

    Its about what the university or college is required to do to give equal opportunity, not a requirement to resolve the disability.

    If they take you on with a disability they are required to support you to the completion of your studies. It follows they will try to avoid this committment by refusing help they think they can get away with.

    So yes a lot of disabled students are having tio go further away to study.

    Its because weak government and the need to make spending cuts has become the master, rather than disability needs as was promised. 

Reply
  • FE and HE has drifted into a state of apathy regarding disability. Initially they were really scared by threats that they could be prosecuted for failings and it would damage their ratings.

    Gradually it has emerged that few disabled people take legal action. This has created a "backlash" against disability where institutions weigh up the risks of incurring legal costs. They will probably go as far as they have to for a wheelchair user, but for "invisible" disability, without any emotive issue arising, they will probably take the chance.

    The EHRC (Commission for Equality and Human Rights) is supposed to defend the disabled, but it relies on people suing, and that takes away most of the power of EHRC. It's a bit of a joke nowadays.

    They do have a downloadable publication "Technical Guide for Further & Higher Education" in which Chapter 7 outlines what institutions are expected to do and not expected to do. Because of the development of "over-arching" equality strategies, the provisions for each area of discrimination have been standardised, so that for disability is pretty "wishy-washy". However you need to read this guide to see if you can sue. There are so many let outs/cop outs the chances are slim unless you have a strong case.

    You need to be certain that your evidence that you have special needs arising from autism provides a sound case. It may be in writing, but if it says you have good coping strategies or have able aspergers, the institution may decide that you only need generic support - things to ensure you have an equal chance with non-disabled students, eg extra time in exams. That may be all they are required to do for you.

    To what extent is the equipment they say will help you not meeting your needs? It may be that they are meeting their obligations, even if it doesn't suit you.

    Regarding people with severe disabilities not getting help, this sounds a bit vague, but  they are only required to "level the playing field" - make it possible for disabled people to compete with other students without disadvantage. In that sense someone with severe physical difficulties is covered if they can get to lectures and sit exams.

    Its about what the university or college is required to do to give equal opportunity, not a requirement to resolve the disability.

    If they take you on with a disability they are required to support you to the completion of your studies. It follows they will try to avoid this committment by refusing help they think they can get away with.

    So yes a lot of disabled students are having tio go further away to study.

    Its because weak government and the need to make spending cuts has become the master, rather than disability needs as was promised. 

Children
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