Is this discrimination?

talea

My AFAB son (19) has been suspended by his university from his studies due to his mental health. The letter they sent stated that they want him to get a diagnosis and treatment as his symptoms are too challenging for them to deal with and they are not able to make reasonable adjustments to make sure he's safe. They stated he can return once he has a diagnosis and has started a treatment plan (he has a diagnosis already) 

There have been no discussions with him regarding what RA he needs, there have been no incidents involving my son and his safety or anyone else's safety. They expressly stated that it's not to do with his academic ability and they also informed him that they did not follow their "fitness to study process" when they made this decision. We have been unable to establish their reasons nor what process (if any) they followed. 

We believe this is direct discrimination as they are subjecting him to a detriment as they have assumed that he is not safe without any discussion with him or any other medical professional. 

I sent them the RAs that my son had in place at school and suggested that they start there, but they didn't even implement those. 

Can they get away with doing this or am I right in thinking that this is direct discrimination as well as a failure to make reasonable adjustments? 

mikehughescq

You clearly have something to discuss with a solicitor. 

woodbine

@talea good evening and welcome to scope, discrimination is always a difficult one and sometimes not cut and dried, it could be argued that they are looking out for his best interest by suspending him, on the other hand it could be argued that they don't seem to be following best practice, is he in the process of seeking out a treatment plan?

mikehughescq

If there’s been no discussion on RAs then they’re in trouble to begin with.

talea

mikehughescq said:

If there’s been no discussion on RAs then they’re in trouble to begin with.

(Sorry I can't seem to add my text separate to your response)

The letter states there are no RAs that they can make and that his symptoms are beyond what they could reasonably be expected to manage. However we have seen no  evidence. My son hasn't missed a single class, his academic record is excellent and there have been no incidents regarding his or anyone else's safety.

They haven't discussed what RAs my son needs/wants so I have no idea how they have determined that none can be made. In addition, my son had RAs in place at school for the last 4 years. 

To answer the question re a treatment plan - yes he is and they were aware of this when they made the decision to suspend him -  however the law doesn't require either a diagnosis or a treatment plan.

On the surface it does look like they are acting in his best interests but they have not consulted any medical professionals regarding my son specifically, they have yet to provide the risk assessment they said they did (this was not done in consultation with my son) despite 4 requests for this document. They also haven't followed any of their own processes.