Further and higher education

The main part of this page is a very brief overview of the Equality Act 2010 rules on further and higher education, which apply to universities and various other bodies. A separate page gives more detail. The rules normally apply only if the person's stammer is a "disability" within the Equality Act or, in some cases, is perceived to be. Universities are also subject to the 'Public Sector Equality Duty' (PSED). Finally, Disabled Students' Allowances may be useful to pay for an electronic fluency device.

For discrimination before 1st October 2010, see this pre-Equality Act fhe education page. Also Which Act applies: Equality Act or DDA?

Introduction
Equality Act rules
Public Sector Equality Duty (PSED)
Disabled students' allowances
Links

Introduction

This page, indeed this website, focusses on the law. However, to put things in perspective, it should usually be possible to resolve issues to do with stammering at university or college without any recourse to legal rules.

If one wants support on stammering, or just to talk things over, there should be people one can talk to, such as the university's Disability Office, or one's personal tutor. See these British Stammering Association articles about students, stammering and university (link to BSA website).

Equality Act rules

This section summarises the Equality Act 2010 rules on further and higher education. The rules apply to publicly funded universities. They also cover further and higher education generally, as well as some other bodies. They do not cover:

schools in respect of provision to their pupils, even pupils over 16. They are covered by the specific rules for schools; and
private colleges and training providers. They are likely to be subject to the general rules on provision of services.

Broadly, the rules target less favourable treatment and harassment, plus there is a duty on the university etc. to make reasonable adjustments. Working with students who stammer (pdf on De Montfort University website) has some examples of adjustments for students who stammer.

For some (but not all) types of discrimination, the education provider has a defence if it shows its actions pass an 'objective justification' test. However, there is no objective justification defence for 'direct discrimination'. One example of 'direct discrimination' given in the Code of Practice is a lecturer assuming that any student with a speech impairment would have difficulty participating in a debating session.

Exams

Examinations and assessments are subject to special rules. Basically, exams assess 'competence standards'. The way in which a standard is assessed is subject to the reasonable adjustment duty. However, the 'objective justification' test applies for whether it is legitimate to assess a standard which disadvantages disabled people. See Oral assessments, and assessed presentations for examples.

Complaints

It may be possible to resolve an Equality Act complaint using internal procedures of the university etc. After exhausting internal procedures higher education students in England and Wales can take a complaint to the Office of the Independent Adjudicator (www.oiahe.org.uk), or in Scotland see the Scottish Public Services Ombudsman (www.spso.org.uk). Using the Equalities Mediation Service (www.equalities-mediation.org.uk) is also a possibility. If one goes to court, claims are to the County Court (or Sheriff court in Scotland) subject to time limits.

For guidance going beyond the Equality Act, the British Stammering Association website has useful articles about students, stammering and university (link to BSA website).

More detail on the Equality Act rules...

Public Sector Equality Duty (PSED)

Various bodies including universities are subject to both the 'general' and (where in force) 'specific' duties under the PSED. The 'general' duty obliges the university etc to 'have due regard to' various things such as promoting equality of opportunity. More on the Public Sector Equality Duty...

Disabled students' allowances

These are grants which may enable a student to buy an electronic fluency device such as VoiceAmp or SpeachEasy. More on Disabled students' allowances...

Higher and further education links

Working with students who stammer (pdf) - examples of adjustments for students who stammer, on the De Montfort University website.
British Stammering Association articles about students, stammering and university (link to BSA website).
Action on Access - Disability page

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Further and higher education

Introduction

Equality Act rules

Exams

Complaints

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Public Sector Equality Duty (PSED)

Disabled students' allowances

Higher and further education links

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