Further and higher education - before October 2010

The main part of this page is a very brief overview of the 'post-16 education' DDA rules, 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 DDA. Universities are also subject to the 'Disability equality duty'. Finally, Disabled Students' Allowances may be useful to pay for an electronic fluency device.

DDA rules
Disability equality duty (DED)
Disabled students' allowances
Links

DDA rules

This section summarises the DDA rules on 'post-16 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:

pupils in school, who are covered by the DDA rules for schools even if they are over 16;
most private colleges; these fall within the separate rules in Part 3 DDA.

Broadly, the rules target less favourable treatment and harassment, and include 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.

As regards less favourable treatment, the education provider may have a defence if it shows the treatment is 'justified'. However, there is no 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, there is a special 'justification' test 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 a DDA complaint using internal procedures of the university etc. Using the Disability Conciliation Service (www.dcs-gb.org) is also a possibility. If one goes to court, claims are to the County Court (or Sheriff court in Scotland) subject to time limits.

Code of Practice

There is a Code of Practice (link to EHRC website) which the courts must take into account when applying the legislation. Amongst other things, the Code includes useful case studies (examples) of how the Commission envisages the rules working. Several of the examples relate to speech impairments - these are picked out on my more detailed page.

For guidance going beyond the DDA, there is a useful article on the British Stammering Association website: How to succeed at university if you stammer (link to BSA website).

More detail on post-16 education rules...

Disability equality duty (DED)

Various bodies including universities are subject to both the 'general' and 'specific' duties under the DED. The 'general' duty obliges the university etc to 'have due regard to' various things such as promoting equality of opportunity. The 'specific' duty includes producing a Disability Equality Scheme, and involving disabled people in doing so. More on the Disability 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...