Education Law Case Study: Mediating with University to resolve disability discrimination against student

Who did we act for?

We acted for Adrian who has a number of complex special educational needs including ADHD, autism, dyslexia and difficulties with auditory processing.  Adrian had benefitted from an EHCP throughout his school and college attendance.

When Adrian applied to University for a one year course, his parents pre-empted that his EHCP would end but he would still need support with his educational needs.  Adrian disclosed all his diagnoses in his University application and Adrian was offered a place on his first choice course.

What was the case about?

After commencing the course, it became apparent that, although Adrian had been offered a place on his first choice course, some of the modules were not offered as expected.  Adrian was therefore asked to choose alternative modules to take but this request was not made until two months into the course.  The University’s expectation that Adrian would be able to ‘catch up’ was unrealistic due to Adrian’s SEN.  Adrian was therefore forced to interrupt his studies for a year so that the University could resolve the issue and ensure that his timetable could accommodate all the alternative modules he had chosen.

Upon his return to the University the following year, the University failed to put in place the necessary adjustments to his assessment and exam arrangements.  He was therefore forced to write exams in an exam hall with his peers rather than using a computer, having access to a scribe, extra time and individual invigilation.  As a result, Adrian failed various exams.  This, in turn, caused depression and meant that he was not fit to sit his final exams.

What did we do?

We assisted Adrian to apply to interrupt his studies.

We corresponded with the University about the failures to provide reasonable adjustments for his exams.

We appealed the outcome of the failed modules.

We made applications, retrospectively, for exams already sat (and failed) that Adrian had, in fact, not been fit to sit those exams.

We instructed medical experts to provide evidence about the impact of the University’s failures on Adrian.

We assisted Adrian to issue a court claim for disability discrimination.  We supported Adrian in mediation with the University.  We also advised on the appropriate financial remedies and negotiated settlement with the University for Adrian.

The outcome 

We persuaded the University to exercise its discretion to limit the amount of modules he had to re-take.  We also persuaded the University to allow Adrian to complete his degree by way of coursework rather than exams.  The University also had to provide a mentor for Adrian.

Adrian completed the module and, thereby, has now graduated from the University with a 2:1 degree.

In addition, we were able to negotiate financial compensation for Adrian given the delays in him being able to complete his degree and for the treatment he had suffered.

We were also able to negotiate with the University that they would pay a significant amount of his legal costs back.

The priority for Adrian and his parents was always for him to achieve his degree; a huge achievement for someone with his level of needs.

Adrian was also spared having the ordeal of having to give evidence in court through this negotiated settlement. The financial recompense was also well received!