1. www.sghmartineau.com Disability Discrimination & Fitness to Study Smita Jamdar Partner & Head of Education 27 June 2013

2. www.sghmartineau.com Overview Obligations to students with disabilities The duty to make reasonable adjustments Placements Data protection & confidentiality Fitness to study/duty of care

3. www.sghmartineau.com Disability Physical or mental impairment Substantial and long-term adverse effect Normal day-to-day activities Hidden disabilities Mental health conditions

4. www.sghmartineau.com Who and what? Applicants Students Former students Admissions The provision of education Access to benefits, facilities or services Exclusions

5. www.sghmartineau.com Direct discrimination Less favourable treatment Because of disability Cannot be justified Stereotypical assumptions

6. www.sghmartineau.com Discrimination arising from disability Unfavourable treatment In consequence of a disability Unless a proportionate means of achieving a legitimate aim

7. www.sghmartineau.com Indirect discrimination Provision, criterion or practice Disadvantage and comparator Puts individual at disadvantage Not a proportionate means of achieving a legitimate aim Competence standards

8. www.sghmartineau.com Duty to make reasonable adjustments Substantial disadvantage Provision, criterion or practice Physical feature Auxiliary aids & services “Relevant matters” Competence standards Anticipatory duty Confidentiality

9. www.sghmartineau.com Reasonableness Effectiveness Type of service Size, nature & resources of institution Effect of disability Practicability Costs Availability of grants/loans Availability of other aids & services Health and safety Relevant interests of others

10. www.sghmartineau.com Disability – miscellaneous Article 14 General equality duty New diagnosis/deterioration

11. www.sghmartineau.com Placements Employment service providers Duties not to discriminate/harass/victimise Reasonable adjustments Claims in employment tribunal Duty to liaise? Duty to select appropriate providers Complaints about placements

12. www.sghmartineau.com Data protection Sensitive information Specific consent Consequences of refusing consent Disclosure in absence of consent Other grounds for disclosure Parents

13. www.sghmartineau.com Breach of Confidentiality Information has the quality of confidence Imparted in confidence Unauthorised disclosure Defences:  Consent  Compulsion of law  Public interest

14. www.sghmartineau.com Fitness to study Contract law  Express provision  Follow process  Reasonable care & skill Human rights & public law  Right not to be denied an education  Follow process  Natural justice  Proportionality

15. www.sghmartineau.com Fitness to study – duty of care The duty Forseeability & Causation Remoteness Pre-existing conditions Competing duties of care Vicarious liability? Suicidal students

16. www.sghmartineau.com Health and safety Duty to employees Duty to other students Criminal offences Risk assessment

17. www.sghmartineau.com Contact us: Going further & higher – http://blog.sghmartineau.com Smita Jamdar Head of Education T: 0800 763 1332 E: smita.jamdar@sghmartineau.com