Published on 12, July, 2020
Hey Guys, thanks in advance for listening. I've been refused a place on a secondary English PGCE Programme at a prestigious University because in their exact words:
One key area that we felt made our course not right for you relates to spoken communication. We felt that you would need to work on how you respond to and include others in group discussion activities, as well as maintaining focus spoken discussion.
They are aware that I have ASD and ADHD. I have asked them to reconsider and asked if as this was the only reason and they were again in their words aware that I had very many talents, could I complete a fitness to teach assessment as this is part of their policy. I'm already a lecturer at a local college and a guest lecturer at universities.
They have just emailed to say they will not reconsider and if I am unhappy I need to make a formal complaint.
Does anyone have any thoughts and is there anywhere I can approach to assist me in making a complaint as I struggle with forms?
Many thanks
Emma
I’ll preface this by saying this is not legal advice I am not a lawyer qualified to give you legal advice. I am just a nerd on the Internet who has researched a lot of law.
What do you describe sounds like it could be discrimination arising from disability (https://www.legislation.gov.uk/ukpga/2010/15/section/15) I wouldn’t worry too much about getting the complaint perfect. I am sceptical about whether the complaint will change anybody’s mind but making it will allow you to move onto the next stage. unfortunately the next stage is threatening to sue.
in practice it’s often after starting a lawsuit that actual serious negotiations start. BeFor you totally freak out please be aware it’s quite often possible to have these cases addressed on the small claims track which is designed to work without lawyers if you can’t afford them.
so if you do Lodge a lawsuit your complaint will have to assert that a list of conditions is satisfied that means a law has been broken. Your complaint to the University should probably be structured in the same way. you want to show them the ingredients of discrimination arising from disability have been satisfied.
broadly that would be:
in order for unfavourable action to be objectively justified it must satisfy the 4 following conditions
Strictly speaking for section 15 it’s not legally necessary for you to say what they could’ve done differently in terms of making reasonable adjustments that would’ve helped you attend without it causing an issue.
however it’s often helpful because it powerfully illustrates the objective justification test isn’t met.
now it sounds like they were concerned you would have issues in group sessions. Perhaps they thought you had a tendency to unreasonably dominate the conversation or to respond rudely to people or in a way that might be seen as rude or that you would go off on long tangents. Most of these issues could be addressed by having a facilitator for the group sessions who was used to dealing with you, also adding additional time for group sessions is also an option
Yes I do have a tendency to be quite blunt which some people do see as rude, but I have never had this as an issue in the classroom, plus I also mentor groups of students monthly and the university would not allow this if I was not able, even my LinkedIn recommendations I have about 20 state how good I am at teaching and communication. Sorry I realise this sounds defensive and I appreciate your help. I'm just so frustrated. I will look at the legislation you have sent. Do you know if there is a service I could speak to someone from here or another autism society that could help me?
Ah yes good point, yes sorry I know you didn't I often come across as defensive when trying to prove a point. Thank you appreciate your insight
I really don’t know I doubt it unless you’re in some sort of union that maybe offers you free legal advice. My old union offered me free legal advice even if the advice was about something that happened outside of work like for example applying for another job. As far as I’m aware Nas doesn’t really support student applications into university. Anyone who knows better please correct me if I’m wrong.
i’m not accusing you of being a bad teacher far from it. i’m simply saying when you’re constructing a legal argument it’s often easier to argue that whatever impediment they think you have could be overcome than to argue but the impediment wouldn’t affect the situation as they assume although that is also a valid route of argument.
in law you often make ‘but if it did’ arguments. I don’t believe my disability impairs my ability to do X, but if it did here are three ways to help me do X.
that kind of thing.