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Recently terminated from Uni course - Learning difficulty

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
edited March 27 in Work & Study
After performing badly, I wanted the opportunity to repeat my first year. The university declined my request (Appeal). Was this right? Sorely as someone with a disability and learning difficulty I am a 'protected characteritic' according to the law?
The reasonable adjustment of 1-2-1 tuition support came on board on Feb 13 2013. I started my course Sept 24 2012. I sustained a brain injury as a child which has meant educational endeavour has always been a struggle since GCSE days. I am passionate about Social Work, I can only become a Social Worker by going to uni and getting the degree. Most jobs that are social work related ask that you be registered with the HCPC. That can only happen after graduating from a social work course, there's my dilemma. The matter is with the OIA and a law firm, but is there anyone with further knowledge that can help?

What is the general equality duty?

Section 149 of the Act imposes a duty on 'public authorities' and other bodies when exercising public functions to have due regard to the need to:

(a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act

(b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it

(c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

In this guidance we refer to these as the three aims of the general equality duty.

Paragraphs 2.3 and 2.4 explain to which bodies and to which functions the duty applies.

References in this guidance to the general equality duty are to all three aims of the duty. A full consideration of each of the aims is provided in Chapter 3.

s.149(1)


By terminating/ expelling me from the Social Work course how is this in any way advancing equality of opportunity . . .



source: What equality law means for you as an education provider – further and higher education ( Equality Act 2010) - Equality and Human Rights Commission
Post edited by JustV on

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    My suggestion would be to talk to a solicitor that specialises in educational and disability law. Personally i feel that they probably weren't right but you may need to have your case looked at by a specialist and make a complaint with the universities ombudsman - http://oiahe.org.uk/making-a-complaint-to-the-oia/how-to-make-a-complaint.aspx

    Hope you get a result in your favour!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    But having a disability doesn't mean that you should automatically be allowed back on the course.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It's unclear to me how far you progressed this with the university. Did you, or have you since, involved your su? Your next port of call if you've exhausted all internal lines of enquiry and appeal, would be the Office of the Independent Adjudicator.

    Your grasp of equalities duty is sound but if you are for any reason unable to meet the requirements of the course with reasonable adjustments in place, perhaps the university won't be required to take you back.
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