Our client, Emily Carter, a Master of Science student in Psychosexual Therapy in London, faced persistent barriers due to ADHD. With the support of Aldwych Legal, she challenged her university to provide reasonable adjustments, invoking the Equality Act 2010.
What Happened
Emily, a diligent postgraduate student, was diagnosed with ADHD, a condition recognised under the Equality Act 2010. Over the course of her studies, she encountered repeated delays in processing and approving reasonable adjustments, including flexible deadlines and additional support through funding schemes. Miscommunication regarding the approval process for funding and support further hampered her progress, causing significant academic strain. Throughout this period, Emily attempted to navigate the university’s processes, documenting correspondence and mitigating circumstances as best as she could.
The delays extended across several months and created substantial barriers to her academic success. As the deadlines approached and her circumstances worsened, Emily sought timely and appropriate adjustments to avoid substantial disadvantage compared to non-disabled peers.
Legal Issues
- Failure by the university to provide timely and appropriate reasonable adjustments, potentially breaching the Equality Act 2010 (Sections 20–21).
- Use of misleading information or poor information flow regarding financial and support approvals, potentially engaging the Consumer Protection from Unfair Trading Regulations 2008.
- Possible breach of the Public Sector Equality Duty under Section 149 of the Equality Act 2010 by failing to actively eliminate discrimination and promote equality.
- The prolonged processing delays may amount to indirect discrimination under Section 19 of the Equality Act 2010, given the burden placed on Emily to navigate an appeals process.
Our Approach
Aldwych Legal prepared a comprehensive factual bundle and formal letter to the university outlining their legal obligations and the steps required to rectify the shortcomings. We assisted in gathering ADHD diagnoses, records of communications with university staff, and details of mitigating circumstances (MC) applications to illustrate the need for appropriate adjustments.
We conducted pre-action correspondence in line with the CPR and the Pre-Action Protocols, and engaged in targeted negotiations to secure flexible deadlines and expedited processing of DSA-related matters. Our approach emphasised transparency, fairness, and adherence to established legal precedents.
Outcome
The university agreed to implement immediate adjustments, including flexible coursework deadlines and a commitment to expedite the Disabled Students’ Allowance (DSA) processing. There was an agreed process for clearer information sharing going forward, and a review of the applicable support provisions to ensure sustainability in Emily’s programme. The matter was resolved without court proceedings, with Emily benefitting from practical, tangible improvements to her studies and wellbeing.
Result / Why It Matters
This case underscores Aldwych Legal’s commitment to protecting disabled students’ rights within higher education settings. It highlights the importance of robust processes for reasonable adjustments and transparent, fair communications in academic environments.
If you or someone you know faces similar challenges in academia, Aldwych Legal is available to help ensure your rights are upheld and you receive the support you deserve.
