Suing due to disability discrimination

longman,,agree totally with what you are saying, buyt my comment was a really just a dramatic outlay,, as I have found when let down my the system so to say,, you are wasting your time and energy being rational, objective and by the book.

I believe you have too approach it from the irrational solution, by putting risk back onto the organisation in question, because if you go through the normal channels,, you will still be there in 5 years with a file bigger than a library,, I say approach it head on, like a bull in a china shop. Find a couple of targets in that organisation and annoy the hell out of them, make there day hell !!! because they have done so to you, without regard,, so give them the consequences of increasing risk to there actions and taste of there own medicine,, **** the pen,, get the sword out ! poke some eyes out ! As you said, they can afford a percentage of complaint in there budgets to covering solicitor costs and liability framework, don't play the solicator, law and accountants game of the maze. GIVE THEM HONEST HUMAN PRESENCE EYE TO EYE AND TELL THEM WHAT THEY ARE !

and you will feel better

Am rather saddened by this comment. For one thing the public perception of autism hinges around some sort of danger due to being hit or otherwise assaulted by someone on the spectrum. How often does this actually happen?

As someone who until recently was involved in supporting students on the spectrum in HE I would usually attend a pre-enrollment of assessment needs, and one of the things I would hope to establish is how best to deal with stress and overload, and to try to find a way round it. I've had my share of trying to calm someone down who is punching the chair right next to my face, and trying to use my own understanding (from being affected myself) to get things to resolve.

So I just sit here reading this absurd charicature. 

I don't think the issues faced by people on the spectrum in FE and HE are helped by this nonsense. Yes there are deficiencies in the system, mostly complicated by legal definitions of what are the responsibilities of institutions.

My advice to stranger is to look carefully at whether, in terms of what help the institution is allowed to offer, according to EHRC, the institution has failed you, or to consider the possibility that there are some responsibilities on you to try to make the provision work.

you would think logically there would a risk assessment and care plan carried out by the uni/college and the student,, because if you think about it,,, without this the educational establishment could be putting the general public at risk,... ie if stranger has an autistic meltdown in the educational environment as he can't take it and due to stress throws a lecturer or a member of the public down a stairwell by accident trying to escape the environment...

So I would recommend stranger, just goes back to the college,, freak out because you can't deal with environment and let them mop up the after affects, it is the only way they will listen is by your disruption factor at no fault of your own.

They took you on the course, they have a duty of care as well as you to declare your autism,, which you have,, it is them that has too do right by you.... !!!

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.