Success Stories - Further Education

The Issue

The client suffers from severe back problems due to the nerves in her back and knees which make it painful for the client when sitting for long periods of time. The client was scheduled to sit 3 exams at college within one week and requested reasonable adjustments to be made to enable her to take the exams.

The client requested as a reasonable adjustment that she is permitted the use of a certain chair and to be seated at the back of the exam room to enable her to stretch her legs, if necessary, without disturbing other students. She had requested these adjustments under the colleges and exam board’s procedures which were confirmed and therefore she believed these adjustments would be implemented for her exams. However, on the day of the exam, the client found that the adjustments were not in place and the invigilator was unaware of any agreed adjustments which caused the client to become extremely worried and distressed.

Before the exam began, the clients tutor brought the chair which enabled the client to complete her exam. The client believed that the adjustments would now be in place for the remaining two exams. When the client came to her second exam, the chair was provided, however it was not situated at the back of the room as previously agreed. In addition, the invigilator was rude and abrupt which further distressed the client. The client raises these issues with the exam office to make them aware of the adjustments she required and the problems that had been caused to try and prevent any further problems arising.

On the third exam the client entered the exam room and the adjustments were in place. However, the invigilator had informed the client before the exam that she would need to go to the office in an abrupt manner which concerned the client as she believed the issues had been resolved. The client became worried and anxious and had to then complete the exam.

After the exam, the client visited the office and was informed that a complaint had been submitted on her behalf which the client then asked to be withdrawn. The office refused to withdraw the complaint and the client raised this with the head of the exam office but received no response.

When client had received her exams resulted she became aware that she had failed 2 of the 3 exams (2nd and 3rd). She appealed and the appeal was marked 1% below the pass rate which is not even one mark. The client believed she had been discriminated against throughout the process.

EASS Advice and Support:

The client contacted the EASS for advice and was advised on her rights under the Equality Act 2010. The client was advised on the reasonable adjustment duty under the act the duty to make reasonable adjustments. The client was provided with in depth information on the colleges’ failure to make reasonable adjustments and it was explained to the client that she could argue victimisation because of the detriment she suffered after raising issues of discrimination.

The EASS assisted the client by writing a second appeal letter to the independent appeals panel and highlighting every aspect of the client’s case and the possible breaches of the Equality legislation.

The panel reconsidered their decision and awarded the client a pass mark for her exams.

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