Take action > Education

Useful knowledge

Under the Equality Act 2010, education providers are required to make their application procedures accessible to disabled people.

Not providing forms or information in an accessible format is a form of indirect discrimination. Indirect discrimination is where a policy, practice or procedure which is applied to everyone disadvantages those who are disabled.

In addition, if a disabled person is disadvantaged in the application, for example if you can’t read the form or easily fill it out, including online, the education provider must make changes to the format. These changes are called ‘reasonable adjustments’

Examples of changes to application forms can include making them available in different formats such as large print, audio or in Braille.

Useful skills

• Effective communication
• Negotiation skills
• Writing clearly
• Problem solving
• Time management

Ways to assert your legal rights

1. Speak to a staff member in the Admissions team or Student Services and tell them about your disability and the difficulties you’re having applying for a course. You can ask them if the form can be made available in an alternative format. You could also ask if the form can be submitted in a different way, for example hard copy rather than online. This could be requested as a reasonable adjustment or a way for the provider to avoid the possibility of indirect discrimination.If you’re applying for an advanced course through UCAS and are having difficulties, you should contact UCAS and see if they can provide an alternative format or make a reasonable adjustment to the application process. For example, they may be able to take down some of your information over the telephone.
2. If you’re not happy with the response of the education provider, ask for a confidential chat with the staff member responsible for disability. This person is usually called the learning support adviser, inclusive learning coordinator or disability adviser.
3. If you still don’t get the support you need, try writing an email or letter and include the following wording:Under the Equality Act 2010, education providers have a duty to ensure that, because of their practices. policies and procedures, disabled people are not placed at a substantial disadvantage because of their disability. I would like to request all reasonable steps be taken to alleviate the disadvantage I am facing in applying for the course. Describe what has happened. Give the facts of the case, being specific and clear. Make sure to describe the disadvantage you’re experiencing in applying for the course. Suggest the reasonable adjustments you would like the education provider to consider.
4. If you’re not satisfied after informal discussions, you can make a formal complaint. You can usually find information about the internal complaints procedure from your student handbook, the college or university website or directly from the college. They must make the complaints procedure available to you in your preferred format. Contact information for UCAS and the email address for complaints can be found on their website at www.ucas.com/advisers/getting-started/how-you-can-contact-us. The complaint letter should describe what has happened and how you’re facing a substantial disadvantage because of your disability. The letter should include the following wording:Under the Equality Act 2010, education providers have a duty to make reasonable adjustments for an individual who is at a substantial disadvantage due to their disability. I believe you have failed to make an adjustment by not providing/changing/allowing (explain the adjustment that could have been made to the application form). Download template complaint letter.

If you’ve exhausted the complaints process and the education provider has failed to make a reasonable adjustment to the application process, you may be able to take legal action. Taking court action can be a long, stressful and sometimes very expensive process. There are strict time limits for taking legal action under the Equality Act. You will have six months minus one day from the date of the act or omission that you’re complaining about to make your claim in the County Court. The court can consider claims outside the time limit if it considers it ‘just and equitable’ to do so. You should take legal advice should you wish to pursue this through the legal route.

You can have confidence in the process because

Colleges and universities have been covered by the Disability Discrimination Act since 2001 and the Equality Act since 2010. Most have a good understanding of their legal duties and well developed systems for making sure disabled people can successfully apply to their courses.

You can get more help from

Studying in England:

Disability Rights UK student helpline

• Telephone 0330 995 0414
• Email students@disabilityrightsuk.org

Disability Rights UK free factsheets on Understanding the Equality Act and Making a complaint

Studying in Scotland:

Lead Scotland Helpline

• Telephone 0800 999 2568
• Email info@lead.org.uk

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

• Telephone 0808 800 0082
• Text phone 0808 800 0084
• Email through website form

Download this as a PDF or Word document

Useful knowledge

Under the Equality Act 2010, education providers must not discriminate against people who want to visit and find out more about their courses.  They are also expected to provide support for disabled applicants and make all necessary ‘reasonable adjustments’ to ensure their facilities are accessible.

Most colleges and universities have Open Days. These are really good opportunities to look around, meet course tutors and ask questions.

Useful skills

• Effective communication
• Negotiation skills
• Writing clearly

Ways to assert your legal rights

1. Contact the admissions officer or the head of department for your course. They’ll be used to arranging visits and will usually welcome enquiries from students living with a health condition or disability. They may be able to arrange for you to speak to students on the course you’re interested in as well as other disabled students at the institution. You may also be able to meet accommodation staff and try out the facilities in halls.
2. If you think you might need additional support to access an Open Day, it’s best to contact the staff member responsible for disability. This person is usually called the learning support adviser, inclusive learning coordinator or disability adviser. You can ask for any questions or issues you have to be kept confidential if you prefer. Support arrangements for Open Days could include:
   • Parking space
   • Map of wheelchair accessible routes
   • Information in large print
   • Sign language interpreter or other communication aid,
   • Accommodation for you and your personal assistant.
3. It’s not usually necessary to start quoting the Equality Act in relation to Open Days. Most colleges and universities have a good understanding of their legal duties and will be very willing to help disabled applicants or people just researching their options. However, if you experience difficulties getting the support you need, you can frame your request as follows: Under the Equality Act 2010, education providers have a duty to make reasonable adjustments for disabled students. I would like to request all reasonable steps be taken to make your Open Days accessible. It’s always useful to the college or university if, at the same time as asserting your rights, you can suggest practical examples of reasonable adjustments you would find helpful. Download template complaint letter about failure to make reasonable adjustments.

You can have confidence in the process because

Colleges and universities have been covered by the Disability Discrimination Act since 2001 and the Equality Act since 2010. Most have well-developed systems for making sure disabled people can visit, ask questions, discuss their needs and apply to their courses.

We regularly hear examples of students who have successfully negotiated the support and adjustments they need through informal discussion and working through the learner support or disability service.

If the institution agrees to adapt buildings or things on your course, ask them to put this in writing.

You can get more help from

Studying in England:

Disability Rights UK student helpline

• Telephone 0330 995 0414
• Email students@disabilityrightsuk.org

Disability Rights UK free factsheets on Understanding the Equality Act and Making a complaint

Studying in Scotland:

Lead Scotland Helpline

• Telephone 0800 999 2568
• Email info@lead.org.uk

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

• Telephone 0808 800 0082
• Text phone 0808 800 0084
• Email through website form

Download this as a PDF or Word document

Useful knowledge

On some courses such as medicine, nursing and teaching, you may have to meet ‘fitness to practise’ regulations set by professional bodies. These relate to health and safety and the demands of that particular occupation. The process involves a health questionnaire and occasionally an occupational health assessment. The healthcare professional will assess you and make recommendations to your education provider about your fitness to practise and identify reasonable adjustments.

No-one should assume that a disabled person can’t become a teacher or health professional. The Loud Minority website has a series of films featuring disabled teachers.

Under the Equality Act, colleges and universities have to consider all possible reasonable adjustments as part of the ‘fitness’ assessment. They also have to support you throughout the course, including during any work placements in schools, health centres or hospitals.

Useful skills

• Effective communication
• Negotiation skills
• Writing clearly
• Problem solving
• Time management

Ways to assert your legal rights

1. You should ask for a copy of the ‘fitness’ policy if you’re unhappy with the decision made by the fitness to practise panel. The policy should include the process you need to follow to challenge the decision. You can normally submit an appeal within a set time-limit. You should support your appeal with any further evidence you have.
2. A really important thing to look at is whether a decision about your ‘fitness’ has been made before fully exploring the reasonable adjustments that could be made. A valid occupational health assessment can only be made after all reasonable adjustments are in place. Failure to do this could be discriminatory. There is no obligation to make reasonable adjustments to competence standards.  If the university raises ‘fitness to practise’ as an issue, we strongly recommend you get support with the process and, if possible attend the hearing with someone who can provide independent advice and advocacy.
3. You may want to take legal action if you feel you’ve been discriminated against. There are strict time limits for taking action under the Equality Act. You will have six months minus one day from the date of discrimination to make your claim in the County Court. The court can consider claims outside the time limit if it considers it ‘just and equitable’ to do so. You should take legal advice should you wish to pursue this through the legal route.

The Office of the Independent Adjudicator (OIA) cannot consider complaints about fitness to practise assessments that are part of the admission process to a higher education course.

You can have confidence in the process because

Colleges and universities have been covered by the Disability Discrimination Act since 2001 and the Equality Act since 2010. Most have a good understanding of their legal duties and well developed systems for making sure disabled students progress in their studies.

You can get more help from

Studying in England:

Disability Rights UK student helpline

• Telephone 0330 995 0414
• Email students@disabilityrightsuk.org

Disability Rights UK free factsheets on Understanding the Equality Act and Making a complaint

Studying in Scotland:

Lead Scotland Helpline

• Telephone 0800 999 2568
• Email info@lead.org.uk

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

• Telephone 0808 800 0082
• Text phone 0808 800 0084
• Email through website form

Download this as a PDF or Word document

Useful knowledge

In Further Education exams are usually set by external examination awarding bodies, for example AQA, Edexcel or City and Guilds. Awarding bodies are covered by the Equality Act and are therefore required to make ‘reasonable adjustments’ to their examination processes to make them accessible to disabled students.

Common examples include:

• Extra time or opportunities to take rest breaks
• Exam papers in your preferred format
• Assistive technology e.g. screen reading software
• Use of a separate room so that you’re not disturbed by other candidates, and they are not disturbed by you
• Assistance from another person such as a prompter, scribe or reader

Useful skills

• Effective communication
• Planning in advance

Ways to assert your legal rights

1. Ask for a confidential chat with the staff member responsible for disability. In schools this person is usually the SENCO. In Further Education they are usually called the learning support adviser. Tell them about any difficulties you’re having with your exams and assessments and ask what support can be put in place. Don’t wait until it becomes a big problem.
2. Some arrangements can be made by education providers themselves. At other times the learning support adviser may have to apply to the awarding body for approval. The main thing to bear in mind is that the awarding body may have deadlines for processing requests for access arrangements.
3. If you feel you’re not making progress through informal discussion, you should put your request in writing and include the following: Under the Equality Act 2010, exam awarding bodies have a duty to make reasonable adjustments for disabled students. I would like to request all reasonable steps be taken to alleviate the substantial disadvantage I am facing in my exams/assessments/assignments. Describe what has happened and the impact on your ability to progress on the course. Give the facts of the case, being specific and clear. Make sure to describe any disadvantage you’re experiencing. Suggest as many different options for reasonable adjustments as you can.
4. If you have a complaint about the exams you’ve already taken, you should first make an appeal through your school or college to the relevant examination awarding body. If this does not resolve the situation, you can make an appeal directly to the awarding body.

In certain circumstances, the content of an exam may be discriminatory. For example if it requires communication in a particular way e.g. multiple choice which disadvantaged a learner with Asperger’s syndrome. This would probably need an investigation into whether this was a justifiable ‘competence standard.

You can have confidence in the process because

Examination awarding bodies have been covered by the Disability Discrimination Act since 2001 and the Equality Act since 2010. The seven largest national awarding bodies are all members of the Joint Council for Qualifications (JCQ) which produces guidance on access arrangements and reasonable adjustments.

You can get more help from

Studying in England:

Disability Rights UK student helpline

• Telephone 0330 995 0414
• Email students@disabilityrightsuk.org

Disability Rights UK free factsheets on Understanding the Equality Act and Making a complaint

Studying in Scotland:

Lead Scotland Helpline

• Telephone 0800 999 2568
• Email info@lead.org.uk

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

• Telephone 0808 800 0082
• Text phone 0808 800 0084
• Email through website form

Download this as a PDF or Word document

Useful knowledge

On some courses such as medicine, nursing and teaching, you may have to meet ‘fitness to practise’ regulations set by professional bodies. These relate to health and safety requirements and the demands of that particular career. The process involves a health questionnaire and occasionally an occupational health assessment. The healthcare professional will assess you and make recommendations to your education provider about your fitness to practise and identify reasonable adjustments.

No-one should assume that a disabled person can’t become a teacher or health professional. The Loud Minority website has a series of films featuring disabled teachers.

Under the Equality Act, colleges and universities have to consider all possible reasonable adjustments as part of the ‘fitness’ assessment. They also have to support you throughout the course, including during any work placements in schools, health centres or hospitals.

Useful skills

• Effective communication
• Negotiation skills
• Writing clearly
• Problem solving
• Time management

Ways to assert your legal rights

1. You should ask for a copy of the ‘fitness to practice’ policy if you are unhappy with the decision made by the fitness to practise panel. The policy should include the process you must follow to challenge the decision. You can normally submit an appeal within a set time-limit. You should support the appeal with any further evidence you possess. If you don’t think the university and/or the occupational health adviser fully explored the reasonable adjustments that could be made to enable you to practise effectively, you should focus on this in your appeal. If the university raises ‘fitness to practise’ as an issue, we strongly recommend you get support with the process and, if possible attend the hearing with someone who can provide independent advice and advocacy.
2. If you’ve exhausted the appeal or complaints procedure and are unhappy with the outcome you can take your complaint to the Office of the Independent Adjudicator (OIA). At the end of the complaints process you will be issued with a Completion of Procedures letter. You have 12 months from the date on this letter to submit a complain to the OIA. The OIA can look at fitness to practise processes followed by the university. In considering issues related to discrimination the OIA does not act as a court.  It does not investigate or make legal findings in the same manner as a court.  However, the OIA can refer to the law and guidance on discrimination to form an opinion as to good practice and to decide whether the university has acted fairly.
3. You may want to take legal action if you feel you’ve been discriminated against. There are strict time limits for taking legal action under the Equality Act. You will have six months minus one day from the date of discrimination to make your claim in the County Court. Where a complaint has been made to the OIA, there is an extension available under the Equality Act s.118(2) and (3) – so that the claim must be within nine months rather than six. The court can also consider claims outside the time limit if it considers it ‘just and equitable’ to do so. You should take legal advice should you wish to pursue this through the legal route.

You can have confidence in the process because

Colleges and universities have been covered by the Disability Discrimination Act since 2001 and the Equality Act since 2010. Most have a good understanding of their legal duties and well developed systems for making sure disabled students progress in their studies.

You can get more help from

Studying in England:

Disability Rights UK student helpline

• Telephone 0330 995 0414
• Email students@disabilityrightsuk.org

Disability Rights UK free factsheets on Understanding the Equality Act and Making a complaint

Studying in Scotland:

Lead Scotland Helpline

• Telephone 0800 999 2568
• Email info@lead.org.uk

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

• Telephone 0808 800 0082
• Text phone 0808 800 0084
• Email through website form

Download this as a PDF or Word document

Useful knowledge

If you’ve reached the point where the college or university has decided you cannot continue your studies, for example because you haven’t achieved sufficient credits for your particular stage of study, your place may be terminated.

However, under the Equality Act 2010, all colleges and universities are expected to provide support for disabled students and make changes to help them learn. It’s important to challenge the decision if it’s unfair or if the university has discriminated against you by failing to make ‘reasonable adjustments’.

Useful skills

• Effective communication
• Negotiation skills
• Writing clearly
• Decision making
• Record-keeping
• Being able to keep track

Ways to assert your legal rights

1. Depending on the provider, there may be two routes whereby you can have your course termination investigated – either by academic appeal or following the complaints procedures. Higher education providers normally distinguish between these two different procedures. If you are unsure which process to follow, check with student services.
2. Details of the relevant process can usually be found in your student handbook or on the college or university website. They should make the procedures accessible and allow you to use your preferred format.It’s a good idea to engage with the staff member responsible for disability within the institution. This person is usually called the learning support adviser, inclusive learning coordinator or disability adviser. We also recommend getting advice from a Students’ Union representative, such as the Welfare Adviser or Disabled Students’ Representative.
3. Give the facts of the case, being specific and clear. Summarise your disability or health condition and describe any disadvantage, lack of support or failure to make reasonable adjustments that you’ve experienced. Relevant evidence could include medical documentation, details of communication you have had with student services or academic staff, copies of any needs assessment and/or Disabled Students’ Allowances (DSAs) assessment in higher education. In your submission it may be useful to reference the Equality Act: Under the Equality Act 2010, education providers have a duty to make reasonable adjustments for disabled students. I am appealing against the termination of my studies on the basis that the university failed to take all reasonable steps to alleviate the substantial disadvantage I have faced in my studies. Reiterate all the different options for reasonable adjustments and highlight the ones which were not made.
4. If you’ve exhausted the complaints procedure and are unhappy with the outcome, you can take your complaint to an external body.In further education, your Local Authority (LA) has the responsibility to consider decisions made in relation to EHC needs assessments. The Education and Skills Funding Agency (ESFA) can deal with complaints about any post-16 training provider, college or employer funded by them. This includes providers delivering apprenticeships. A copy of the procedure for handling complaints is available on the gov.uk website. In higher education in England and Wales, you can take your complaint to the Office of the Independent Adjudicator (OIA). At the end of the internal complaints process, you university will issue you with a Completion of Procedures letter. You have 12 months from the date on this letter to submit a complain to the OIA. In considering issues related to discrimination the OIA does not act as a court.  It does not investigate or make legal findings in the same manner as a court.  However, the OIA can refer to the law and guidance on discrimination to form an opinion as to good practice and to decide whether the university has acted fairly.  In Scotland you can complain to the Scottish Public Services Ombudsman (SPSO). 
5. You may want to take legal action if you feel you’ve been discriminated against. There are strict time limits for taking legal action under the Equality Act. You will have six months minus one day from the date of discrimination to make your claim in the County Court. Where a complaint has been made to the OIA, there is an extension available under the Equality Act s.118(2) and (3) – so that the claim must be within nine months rather than six. The court can also consider claims outside the time limit if it considers it ‘just and equitable’ to do so. You should take legal advice should you wish to pursue this through the legal route.

You can get more help from

Studying in England:

Disability Rights UK student helpline

• Telephone 0330 995 0414
• Email students@disabilityrightsuk.org

Disability Rights UK free factsheets on Understanding the Equality Act and Making a complaint

Studying in Scotland:

Lead Scotland Helpline

• Telephone 0800 999 2568
• Email info@lead.org.uk

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

• Telephone 0808 800 0082
• Text phone 0808 800 0084
• Email through website form

Download this as a PDF or Word document

Useful knowledge

Under the Equality Act 2010, all colleges and universities are legally responsible for acts of harassment carried out by their staff unless they can show they took all reasonable steps to stop it. Harassment happens if the unwanted actions of your college or university violate your dignity or create an intimidating, hostile, degrading, humiliating or offensive environment for you. Unwanted actions may include spoken or written words or abuse, imagery, graffiti, physical gestures, facial expression, jokes and pranks. The action may not be directed at you but may nevertheless create that environment for you.

If you’ve been attacked you should report it to the Police immediately.

Useful skills

• Effective communication
• Negotiation skills
• Writing clearly
• Decision making
• Record-keeping
• Being able to keep track

Ways to assert your legal rights

1. If possible, speak to or write an email or letter to the person concerned Tell them how their behaviour is making you feel and ask them to stop. Explaining this to them may be enough for them to rethink their actions. Do this at the earliest opportunity to stop the behaviour from getting worse. Keep a record of the incidents with times and dates so you can give examples of the offensive behaviour.
2. If you feel unable to approach the person concerned, or the harassment persists, you should speak to your Personal Tutor, Student Union Advisors or the staff member responsible for disability. This person is usually called the learning support adviser, inclusive learning coordinator or disability adviser. They can help you work out how best to respond to the harassment and help you understand the procedures to follow. They may also be able to approach the staff member concerned to help prevent further harassment.You should continue to record in writing any further incidents and keep the details of any witnesses.
3. If you’ve exhausted the informal options and still aren’t happy with the outcome, or if the incidents are very serious and not possible to resolve yourself, you can make a formal complaint. You can usually find information about the internal complaints procedure from your student handbook or the college or university website. They must make the complaints procedure available to you in your preferred format.You should include the name of the person harassing you and provide full details of what has happened, including dates and times, how it is affecting you, the names of any witness and copies of evidence.Download template complaint letter about discrimination by harassment.
4. If you’re in higher education in England and Wales, have exhausted the complaints procedure and are unhappy with the outcome , you can take your complaint to the Office of the Independent Adjudicator (OIA). At the end of the complaints process you will be issued with a Completion of Procedures letter. You have 12 months from the date on this letter to submit a complaint to the OIA. In considering issues related to discrimination the OIA does not act as a court.  It does not investigate or make legal findings in the same manner as a court.  However, the OIA can refer to the law and guidance on discrimination to form an opinion as to good practice and to decide whether the university has acted fairly.In Scotland you can complain to the Scottish Public Services Ombudsman (SPSO).
5. If you’ve exhausted the complaints process and the education provider has failed to make a reasonable adjustment to the application process you may be able to take legal action. Taking court action can be a long, stressful and sometimes a very expensive process.There are strict time limits for taking legal action under the Equality Act. You will have six months minus one day from the date of discrimination to make your claim in the County Court. Where a complaint has been made to the OIA, there is an extension available under the Equality Act s.118(2) and (3) – so that the claim must be within nine months rather than six.The court can also consider claims outside the time limit if it considers it ‘just and equitable’ to do so. You should take legal advice should you wish to pursue this through the legal route.

You can get more help from

Studying in England:

Disability Rights UK student helpline

• Telephone 0330 995 0414
• Email students@disabilityrightsuk.org

Disability Rights UK Into Higher Education guide

Disability Rights UK free factsheets on Understanding the Equality Act and Making a complaint

Studying in Scotland:

Lead Scotland Helpline

• Telephone 0800 999 2568
• Email info@lead.org.uk

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

• Telephone 0808 800 0082
• Text phone 0808 800 0084
• Email through website form

The Office of the Independent Adjudicator (OIA) is an independent body which investigates student complaints against higher education providers.

• Telephone casework support team 0118 959 9813
• Email through website form

Download this as a PDF or Word document

What is it?

Victimisation is when an education provider treats a student less favourably because:

• they are making a claim against an education provider for acting in breach of the Equality Act 2010; or
• they are providing information/evidence in the course of someone else making a claim; or
• their parent or sibling is making a complaint of discrimination.

In cases of victimisation, we recommend contacting the Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

• Telephone 0808 800 0082
• Text phone 0808 800 0084
• Email through website form

Download this as a PDF or Word document

Useful knowledge

Under the Equality Act 2010, all colleges and universities are expected to provide support for disabled students and make changes to help them learn. These changes are called ‘reasonable adjustments’. Failure to make reasonable adjustments is a form of disability discrimination.

Useful skills

• Effective communication
• Negotiation skills
• Writing clearly
• Decision making
• Record-keeping

Ways to assert your legal rights

1. Informal resolution is the usual recommended starting point. However, whether informal resolution is suitable for you as a former student will depend various factors such; the outcome you’re hoping for; whether it is achievable; if it is likely to be resolved straightforwardly with little or no investigation; and if it can be resolved quickly, for example with an apology or explanation. As a former student, you could approach the Head of Student Services who is responsible for disability. They may be able to provide advice on how to best proceed, particularly if the complaint is about the failures of staff members within that department. Provide details of your disability, the impact it has had on your ability to study, detail of any adjustments requested (with date, times and from whom if you can recall), details of both formal and informal needs assessments if carried out and the remedy you seek. You should provide details of any previous attempts as a student made to resolve the matter.
2. If you’re not satisfied after informal discussions, you can make a formal complaint. You can usually find information about the internal complaints procedure from your student handbook, the college or university website or directly from the college. They must make the complaints procedure available to you in your preferred format. Download a template complaint letter about the failure to make reasonable adjustments.
3. If you’ve exhausted the complaints procedure and are unhappy with the outcome, you can take your complaint to an external body. In further education, your Local Authority (LA) has the responsibility to consider decisions made in relation to EHC needs assessments. The Education and Skills Funding Agency (ESFA) can deal with complaints about any post-16 training provider, college or employer funded by them. This includes providers delivering apprenticeships. A copy of the procedure for handling complaints is available on the gov.uk website. In higher education in England and Wales, you can take your complaint to the Office of the Independent Adjudicator (OIA). At the end of the internal complaints process, you university will issue you with a Completion of Procedures letter. You have 12 months from the date on this letter to submit a complain to the OIA.  In Scotland you can complain to the Scottish Public Services Ombudsman (SPSO). 
4. You may want to take legal action. However, there are strict time limits for taking legal action under the Equality Act. You will have six months minus one day from the date of discrimination to make your claim in the County Court. Where a complaint has been made to the OIA, there is an extension available under the Equality Act s.118(2) and (3) – so that the claim must be within nine months rather than six. The court can also consider claims outside the time limit if it considers it ‘just and equitable’ to do so. You should take legal advice should you wish to pursue this through the legal route.

You can get more help from

Studying in England:

Disability Rights UK student helpline

• Telephone 0330 995 0414
• Email students@disabilityrightsuk.org

Disability Rights UK Into Higher Education guide

Disability Rights UK free factsheets on Understanding the Equality Act and Making a complaint

Studying in Scotland:

Lead Scotland Helpline

• Telephone 0800 999 2568
• Email info@lead.org.uk

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

• Telephone 0808 800 0082
• Text phone 0808 800 0084
• Email through website form

The Office of the Independent Adjudicator (OIA) is an independent body which investigates student complaints against higher education providers.

• Telephone casework support team 0118 959 9813
• Email through website form

Download this as a PDF or Word document

Useful knowledge

If the college or university decided that you couldn’t continue your studies, for example because you didn’t achieved sufficient credits for your particular stage of study, your place may have been terminated.

However it’s important to be aware that, under the Equality Act 2010, all colleges and universities are expected to provide support for disabled students and make changes to help them learn.

You can challenge the decision if it’s unfair or if the university has discriminated against you by failing to make ‘reasonable adjustments’.

Useful skills

• Effective communication
• Negotiation skills
• Writing clearly
• Decision making
• Record-keeping
• Being able to keep track

Ways to assert your legal rights

1. If there’s still time, make a formal appeal or complaint against the termination of your studies. Details of the process can usually be found in your student handbook or on the college or university website. They should make the procedures accessible and allow you to use your preferred format.It’s a good idea to engage with the staff member responsible for disability within the institution. This person is usually called the learning support adviser, inclusive learning coordinator or disability adviser. It’s important to determine exactly whether an academic appeal or formal complaint is required. We also recommend getting advice on this from a Students’ Union representative, such as the Welfare Adviser or Disabled Students’ Representative.
2. Give the facts of the case, being specific and clear. Summarise your disability or health condition and describe any disadvantage, lack of support or failure to make reasonable adjustments that you’ve experienced. Relevant evidence could include medical documentation, details of communication you have had with student services or academic staff, copies of any needs assessment and/or Disabled Students’ Allowances (DSAs) assessment in higher education. In your submission it may be useful to reference the Equality Act: Under the Equality Act 2010, education providers have a duty to make reasonable adjustments for disabled students. I am appealing against the termination of my studies on the basis that the university failed to take all reasonable steps to alleviate the substantial disadvantage I faced in my studies. Reiterate all the different options for reasonable adjustments and highlight the ones which were not made.
3. If you’ve exhausted the complaints procedure and are unhappy with the outcome, you can take your complaint to an external body.In further education, your Local Authority (LA) has the responsibility to consider decisions made in relation to EHC needs assessments. The Education and Skills Funding Agency (ESFA) can deal with complaints about any post-16 training provider, college or employer funded by them. This includes providers delivering apprenticeships. A copy of the procedure for handling complaints is available on the gov.uk website. In higher education in England and Wales, you can take your complaint to the Office of the Independent Adjudicator (OIA). At the end of the internal complaints process, you university will issue you with a Completion of Procedures letter. You have 12 months from the date on this letter to submit a complain to the OIA. In considering issues related to discrimination the OIA does not act as a court.  It does not investigate or make legal findings in the same manner as a court.  However, the OIA can refer to the law and guidance on discrimination to form an opinion as to good practice and to decide whether the university has acted fairly.  In Scotland you can complain to the Scottish Public Services Ombudsman (SPSO). 
4. You may want to take legal action if you feel you’ve been discriminated against. There are strict time limits for taking legal action under the Equality Act. You will have six months minus one day from the date of discrimination to make your claim in the County Court. Where a complaint has been made to the OIA, there is an extension available under the Equality Act s.118(2) and (3) – so that the claim must be within nine months rather than six. The court can also consider claims outside the time limit if it considers it ‘just and equitable’ to do so. You should take legal advice should you wish to pursue this through the legal route.

You can have confidence in the process because

Colleges and universities have been covered by the Disability Discrimination Act since 2001 and the Equality Act since 2010. Most have a good understanding of their legal duties and well developed systems for making sure disabled students progress in their studies.

You can get more help from

Studying in England:

Disability Rights UK student helpline

• Telephone 0330 995 0414
• Email students@disabilityrightsuk.org

Disability Rights UK Into Higher Education guide

Disability Rights UK free factsheets on Understanding the Equality Act and Making a complaint

Studying in Scotland:

Lead Scotland Helpline

• Telephone 0800 999 2568
• Email info@lead.org.uk

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

• Telephone 0808 800 0082
• Text phone 0808 800 0084
• Email through website form

The Office of the Independent Adjudicator (OIA) is an independent body which investigates student complaints against higher education providers.

• Telephone casework support team 0118 959 9813
• Email through website form

Download this as a PDF or Word document

Useful knowledge

If you’re unhappy with your grade, there are two routes whereby your concerns can be investigated in higher education – either by academic appeal or following the complaints procedures. The university will normally have two different procedures. If you are unsure about the process to follow check with your student services.

Useful skills

• Effective communication
• Negotiation skills
• Writing clearly
• Present facts chronologically

Ways to assert your legal rights

If possible, try to get some feedback so you can get an understanding of what went wrong and why. This will help strengthen your appeal or complaint should you proceed with a challenge.

Check your education provider’s academic appeals and complaints procedures. This may be in your student handbook or the education provider’s website. An appeal is a request to review the decision of the examiners. Grounds for appealing are normally set by the university and are limited. This may be because:

• there were mitigating circumstances that were not taken into consideration – such as a late diagnosis of a long term health condition, impairment or disability.
• there was a clerical error in marking
• unfair bias shown by a member of academic staff or
• marks were deducted in a way which was unfair or disproportionate.

Be mindful of the deadlines for appealing which can be quite soon after the results have been published. You should submit the appeal along with any evidence to support your claim in writing. There may be a specific form you need to complete.

Generally complaints are on a wider variety of issues such as concerns about teaching, curriculum content or failure to make adjustments.

Download template complaint letter.

1. If you’re unhappy with the decision made, at this point you have the option of taking your complaint to the Office of the Independent Adjudicator (OIA) of Higher Education. At the end of the appeals or complaints process you will be issued with a Completion of Procedures letter. You have 12 months from the date on this letter to submit a complain to the OIA. The OIA will not look at matters of academic judgment. However, if you’ve been given a lower grade and this is because of mitigating circumstances that affected your performance or if unfair bias was shown the OIA may be able to help. In Scotland you can complain to the Scottish Public Services Ombudsman (SPSO). 
2. If your appeal or complaint includes disability discrimination, for example a failure to make reasonable adjustments as a reason for not being able to show your true potential, you may want to look into taking legal action. There are strict time limits for taking legal action under the Equality Act. You will have six months minus one day from the date of discrimination to make your claim in the County Court. Where a complaint has been made to the OIA, there is an extension available under the Equality Act s.118(2) and (3) – so that the claim must be within nine months rather than six. The court can also consider claims outside the time limit if it considers it ‘just and equitable’ to do so. You should take legal advice should you wish to pursue this through the legal route.

You can have confidence in the process because

Colleges and universities have been covered by the Disability Discrimination Act since 2001 and the Equality Act since 2010. Most have a good understanding of their legal duties and well developed systems for making sure disabled students progress in their studies.

You can get more help from

Studying in England:

Disability Rights UK student helpline

• Telephone 0330 995 0414
• Email students@disabilityrightsuk.org

Disability Rights UK Into Higher Education guide

Disability Rights UK free factsheets on Understanding the Equality Act and Making a complaint

Studying in Scotland:

Lead Scotland Helpline

• Telephone 0800 999 2568
• Email info@lead.org.uk

The Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

• Telephone 0808 800 0082
• Text phone 0808 800 0084
• Email through website form

The Office of the Independent Adjudicator (OIA) is an independent body which investigates student complaints against higher education providers.

• Telephone casework support team 0118 959 9813
• Email through website form

Download this as a PDF or Word document

What is it?

Victimisation is when an education provider treats a student less favourably because:

• they are making a claim against an education provider for acting in breach of the Equality Act 2010; or
• they are providing information/evidence in the course of someone else making a claim; or
• their parent or sibling is making a complaint of discrimination.

In cases of victimisation, we recommend contacting the Equality Advisory & Support Service (EASS) runs a free helpline assisting individuals with equality and human rights issues across England, Scotland and Wales.

• Telephone 0808 800 0082
• Text phone 0808 800 0084
• Email through website form

Download this as a PDF or Word document