My requests would be unfair on other students?

lila_hopes · July 26

Hi,

I was a student at a university in the UK. I have adhd, dyspraxia and on my last year at university I suffered with low mood suicidal thoughts and then got diagnosed with severe depression episode with suicidal thoughts. Despite trying my best and notifying the university that I was having trouble accessing my medication due to national shortages I was not offered any other mitigations besides the ones I already had.

At the end of my course, I was unable to sit my final year exams and ended up with a very low classification. I had submitted multiple extenuating circumstances requests and evidence from GPs and consultants that I was struggling with my health and for them to consider letting me take the exams another time.

The university claimed that their regulations did not allow for a further attempt and that if the support plan was no sufficient I should have said so previously. The declared that they had a duty to apply the regulations equally and that because I had 2 previous extra years (due to disability reasons and domestic violence) there was not provision for a 3rd attempt even if it was just to finish my exams.

The OIA has said that this is their academic judgement and has made no mention of the points that I made about the Equality act..

Can anybody tell me if this is legal? If the exams are going to happen whatever I am there or no and I have evidence of being impaired why do I have to accept a low classification when all I'm asking is to be able to sit the exams like everyone else?

Anybody has been in a similar position before?

MW123 · July 27

@lila_hopes

Firstly, welcome to the community Lila.

Regarding your question. UK universities are legally required to ensure that students with disabilities or health conditions, such as ADHD, dyspraxia, or depression, are not placed at a disadvantage compared to their peers. When students provide medical evidence demonstrating that their health has impacted their ability to sit examinations, universities have a responsibility to consider offering additional support or alternative arrangements, rather than simply adhering to standard procedures.

Failing to take into account individual circumstances and relevant medical evidence may constitute disability discrimination. If both the university and the Office of the Independent Adjudicator do not properly address these legal obligations, there may be grounds to seek further advice or pursue the matter through other channels.

Essentially, students have a right to an individual assessment of their situation, rather than being subject to a blanket application of institutional policies.

Kimi87 · July 27

I'd recommend contacting Disability Rights UK, who have a Disabled Students Helpline.

https://www.disabilityrightsuk.org/disabled-students-helpline

Mary_Scope · July 28

Hi @lila_hopes and a warm welcome to the community form me!

It sounds like you have been through very tough and frustrating time with your university. From what you have described it does seem like the university may have failed in their legal duty under the Equality Act 2010 to make reasonable adjustments for your disabilities.

I would definitely recommend reaching out to Disabled Students Helpline mentioned by Kimi above. They should be able to give you some really good specific evidence about what to do next because you're absolutely right to question why you weren’t given a fair chance to sit your exams like everyone else and I hope you get the chance too!

lila_hopes · July 28

Hi everybody,

Thank you for your help. Unfortunately I have tried every advice helpline and every solicitor on the civil legal aid scheme. The advice helplines can only talk about the Equality act but cannot give me legal advice so they cannot tell me if I am right or if my case has a point.

Right now every single solicitor has contacted me back to say that they have no capacity, they do not take higher education cases or they haven't replied at all. The only help i could possibly get is private which I cannot afford.

I have returned from speaking with the support through court team which has referred me to the same services I have already contacted. I called civil legal aid to explain that I cannot source an legal support for my case and all i got told if they cant do anything about it but put a complaint.

My chance to take this to county court ends this month so I am starting to have to make myself to the idea that i won't be able to right this wrong,

I'll never get justice because I cannot afford a solicitor and the equality act rights for disabled students will continue to be lip service because there is no way to enforce it.

It is hard to admit that I am powerless but I am exhausted.

forgoodnesssake · July 29

Not exactly the same but my son did a very extended maths degree (CP, AAC user, emotional regulation MH issues) but in the end was not able to complete all of his final year.. However the University department looked at all his work to date and a decision was made that he had done enough to get an unclassified degree (they called it Egreatat) and so a case was made to the Uni bosses and he graduated 2 weeks ago! These degrees are sometimes called posthumous degrees as they are basically awarded (very rarely we were told) to someone who had circumstance not got in the way, would in the opinion of their department have passed the last hurdle.

My requests would be unfair on other students?

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