The Equality Act 2010 – I as a student have experienced a lot of issues related to my disability profile, getting module teams and tutors to adhere to reasonable adjustments and to get the OU as a whole to act in accordance with The Equality Act 2010 and I would like this discussed where possible.
The Equality Act 2010 is a law that aims to ensure we have a fair and equal society. This includes making sure everyone has an equal opportunity to access further and higher education. The Equality Act sets out specific duties with which the responsible body of a further and higher education institution must comply under Part 6.
The Equality Act says that further and higher education institutions are not allowed to discriminate against people by treating them less favourably because of their disability, which is a “protected characteristic”. You must not discriminate against a student:
• in the way you provide education for the student
• in the way you give the student access to a benefit, facility or service
• by not providing education for the student
• by not affording the student access to any benefit, facility or service
• by excluding the student
• by subjecting them to any other detriment.
You are also not allowed to harass or victimise someone because of their disability.
The Equality and Human Rights Commission guidance to further and higher education institutions under the Equality Act states that your legal obligations to your students cover all your services, facilities and benefits, both educational and non-educational, from teaching and learning to the physical environment, and any leisure and accommodation facilities. This is not an exhaustive list.
Students do not need to be studying full time to be protected under the Act. All types of course are covered including undergraduate, postgraduate, parttime, distance learning, short, research, e-learning, informal and optional study skills courses.
There is a further specific duty which only applies to disabled people. This is the duty to make reasonable adjustments. You must comply with this duty. If you do not make a reasonable adjustment, you are breaking the law.
Section 20 of the Equality Act says that:
1. You must take reasonable steps to change any “provision, criterion or practice” which puts a disabled person at a “substantial disadvantage” at your education institution.
2. If a physical feature puts a disabled person at a “substantial disadvantage” when they want to access your education institution, then you must take reasonable steps to avoid that disadvantage. This includes removing or altering the physical feature or providing a reasonable means of avoiding it.
3. You must provide an auxiliary aid or service if, without this, a disabled person would be at a “substantial disadvantage” at your education institution. The law specifically says that reasonable adjustments include providing information in an accessible format.
The reasonable adjustments duty is anticipatory. This means that you should realise that disabled people may want to study at your education institution and plan ahead so that you comply with the law. Not thinking about how to do this is not an excuse or a defence. Making sure that you comply with the law is in your best interests, and there is a good business case for doing this as well.
If you want to know more about the Equality Act and how this applies to further and higher education institutions, you can find more information at equalityhumanrights.com/en/advice-and-guidance/highereducation-providers-guidance
(Information taken from the RNIB’s higher education equality act toolkit).