Reasonable adjustments - charging for them and refusing them

Dales
Dales Online Community Member Posts: 6 Connected
in Education and skills

Hi,

I’m currently in dispute with a training college over agreed reasonable adjustments that were put in place for me, due to my disability. These were centred around my attendance (I had missed several classes). One of the adjustments was the provision to offer me catch up sessions, on occasions I was ill, and there were charges to me at £30 per session. However, despite me asking for these sessions on numerous occasions, I was either ignored or told the tutor was too busy.

Things came to a head recently when I was told that my attendance had reached a point whereby I was no longer able to graduate. I complained, stated my reasons (as above), and was then told “ok, we will let you continue to graduate, but you will not be allowed to rejoin your old class, as the tutor is claiming a breakdown in the relationship”. I’m being offered 1-2-1 sessions, away from my fellow students - which I’ve declined.

I have evidence of repeatedly requesting catch up sessions, and evidence that these were to charged to me at £30 each (which I think is illegal?).

Any legal eagles on here, who are able to advise if I have a case for disability discrimination?

Comments

  • Wibbles
    Wibbles Online Community Member Posts: 2,635 Championing

    Who paid for the adjustments ?

    DWP or the college ?

    Did you get DWP involved at any stage ?

    What, exactly were the adjustments - were they 1 to 1 sessions ?

    I don't believe that the college can charge a disabled student for missing sessions because of illness

  • Dales
    Dales Online Community Member Posts: 6 Connected

    The course was funded by myself, and so I was expected to pay for the catch up sessions. However, as it turns out - I wasn’t actually able to have any, as the tutor was either too busy, or ignored my requests.

    So, I feel as though I’ve been set up to fail.

  • MW123
    MW123 Scope Member Posts: 1,265 Championing

    @Dales

    Firstly, I would like to say welcome to Scope.

    It appears the college may have failed in its legal duty to support you. If catch-up sessions were agreed upon as reasonable adjustments under the Equality Act 2010, they should have been provided free of charge to prevent you from being at a disadvantage. Charging £30 per session, especially when you repeatedly requested them but were ignored or told the tutor was too busy, could be unlawful.

    Being informed that your attendance had reached a point where you could no longer graduate, only to be allowed to continue but removed from your original class due to a claimed "breakdown in relationship," seems both unfair and potentially discriminatory. Offering 1-to-1 sessions away from your fellow students, which you have declined, may not be a reasonable or acceptable solution.

    I recommend submitting a formal complaint to the college, including all your evidence such as emails and messages. Clearly explain what support was agreed, what was not provided, and how this has affected your studies and wellbeing.

    If the college does not respond fairly, contact the Equality Advisory and Support Service for free guidance on your rights and next steps. They do not provide legal advice but can help you understand your options. For formal legal advice, consider speaking to a solicitor who specialises in education or discrimination law.

    You have every right to challenge this. From what you've shared, it's clear the system has let you down. I wish you the best of luck with your complaint and all the best for the future.

  • Dales
    Dales Online Community Member Posts: 6 Connected
    https://forum.scope.org.uk/discussion/comment/1033567#Comment_1033567

    Thank you for the welcome, and the response!

    This is how I see the situation too (clear breach of legislation) however, I just wanted to make sure I wasn’t missing anything as their solicitor is advising them to defend the case. I find this odd, given everything is evidenced, and easily provable. I have tried the complaint / mediation route but was told the only other option open to me was to leave the course. So, I’m now taking them to court for direct discrimination.

    Thanks again for the input!

  • MW123
    MW123 Scope Member Posts: 1,265 Championing

    @Dales

    Thanks for sharing the additional information that you’re already taking legal action and that the college is defending themselves. I can see this has now become a serious and formal process.

    It sounds like you have done everything right so far, gathering evidence, trying mediation and standing up for your rights. At this stage, working closely with your solicitor and keeping them fully updated will be really important to make sure your case is as strong as possible. Wishing you all the best.

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