About this factsheet

This factsheet is part of RNID's education range. It is written for deaf and hard of hearing students and adult learners in Further Education in England, Wales and Scotland. We use the term deaf people to refer to deaf, deafened and hard of hearing people throughout this factsheet.

Read this factsheets to find out about:

At the end of this factsheet we give you details of organisations you can contact for further information.

What do we mean by Further Education?

You are taking a Further Education course if you are:

Further Education includes academic courses up to 'A' level standard, NVQs, access courses, basic skills courses, evening classes and courses that do not result in any qualification such as independent living skills or yoga. Some Further Education colleges also offer Higher Education courses. For more information about Higher Education, see our factsheet, Deaf and hard of hearing students in Higher Education - your rights under the Disability Discrimination Act 1995 (DDA).

What do we mean by adult learner?

Students who are following a Further Education course but are aged 19 and over are often known as adult learners.

What do we mean by course provider?

In this factsheet we call colleges, schools, local education authorities and education authorities that provide further education - course providers.

Who will find the information in this factsheet useful?

The information in this factsheet applies to you if you are taking, or would like to take, a course provided by one of the following:

Who is not covered by this factsheet?

School sixth formers

If you are a student at a school sixth form, your school has legal duties that are similar to Further Education course providers. However, the law that affects you is not exactly the same. The organisations listed in the Further information section later in this factsheet can give you information and advice about your rights.

Students taking private courses

If you are taking a course run by a private or voluntary sector education provider, the provider is covered by the same part of the DDA that applies to other service providers. See our factsheet, The Disability Discrimination Act (DDA) - a guide for deaf and hard of hearing customers.

Students in Northern Ireland

If you are studying in Northern Ireland, the information in this factsheet does not apply to you because the DDA does not cover education in Northern Ireland. It is hoped that new laws will apply in Northern Ireland in September 2004. Some of the organisations listed in the Further information section later can give you information and advice.

Professionals who work in Further Education

If you work in Further Education, you can get advice about your responsibilities from the Disability Rights Commission - see the Further information section later. For more information, see our factsheet, Teaching strategies to use with deaf students - advice for lecturers in further and higher education. You may find it useful to get our publication, Deaf students in further education, which costs £5.99. Contact the RNID Information Line (see Further information for contact details) or order from www.rnidshop.com (external link)

What is the Disability Discrimination Act 1995 (DDA)?

The aim of the DDA is to stop discrimination against deaf or disabled people as customers and employees.

Since 1 September 2002, the DDA (as amended by the Special Educational Needs and Disability Discrimination Act 2001) has also made it unlawful for course providers to discriminate against you because you are a student or applying to be a student and you are deaf or disabled.

Who is covered by the DDA?

The DDA gives a definition of disability and if someone fits that definition, they are covered by the DDA. The Act defines disability as "a physical or mental impairment which has a substantial and long term adverse effect on [the person's] ability to carry out normal day to day activities".

Guidance for the DDA says that an "inability to hold a conversation with someone talking in a normal voice" or an "inability to hear and understand another person speaking clearly over the voice telephone" counts as a 'substantial adverse' effect under the Act. "Substantial" means "more than minor or trivial," so only a relatively minor hearing loss is unlikely to fit the definition.

It also says that when the effect of someone's deafness or hearing loss is being looked at, the effect of background noise should be taken into account. Any steps taken to treat or correct your deafness or hearing loss are ignored for the purposes of the DDA. Importantly, this means that even if you use a hearing aid, your hearing without the hearing aid is what counts.

People applying to become a student are also covered by the DDA. They include people attending open days or interviews, receiving a prospectus or those targeted by recruitment drives and outreach work.

People who are not disabled can be covered by the DDA under some circumstances. We tell you more about this in the section, What is victimisation?

What is victimisation?

The DDA also protects people if:

For example, a woman who is not disabled is present in classes when a lecturer discriminates against a student. She gives evidence when the deaf student brings the case to court. The lecturer then refuses to teach her because she has given evidence against him in court and the college does not support her. This is an example of victimisation and, under the DDA, the woman could bring her own case to court against the college.

When is discrimination unlawful?

A course provider must not discriminate against you:

What is discrimination?

Discrimination can happen in two ways:

Less favourable treatment

This happens if a course provider treats you less favourably because of your deafness, hearing loss or disability, than they treat, or would treat, a hearing student or one with a different disability, and cannot justify the discrimination. Below are some examples of when discrimination is likely to take place:

A student who is deaf and also has an additional disability attends a specialist college for deaf people. The student is told they cannot take part in a trip that the college is organising because it would not be suitable for them because of their additional disability. If the only reason the student is not allowed on the trip is their additional disability and not, for example, genuine health and safety reasons, the college has treated them less favourably and so has discriminated against them.
A student who is deaf applies to do a music course and is told that the college does not accept any deaf students on music courses. If the only reason the student has not been accepted on the course is their hearing loss and not, for example, because they do not have the necessary entry requirements, the college has treated them less favourably and so has discriminated against them.
In some cases, the course provider may be able to justify treating you 'less favourably' if they can show that they did so in order to maintain the academic standards of a course. This has to be relevant to the academic standards of your particular course and to your abilities. If a college has a policy of rejecting all deaf students without considering their different levels of hearing loss or deafness, their individual ability or the range of possible adjustments, this is likely to be unlawful.

A course provider can also justify treating you less favourably if the reason for it is 'material and substantial'. 'Material' means that it must be relevant to the individual circumstances in question and 'substantial' means that the reason for the discrimination must be more than 'minor' or 'trivial'. This could mean that if, as a result of your deafness, you cannot take core parts of a course and no reasonable adjustments could overcome this problem, the university or college may have a substantial reason to justify not accepting you on the course.

Failure to take reasonable steps
Course providers have to take 'reasonable steps' to ensure that deaf or disabled people are not placed at a 'substantial disadvantage' on a course compared with students who are not disabled. These are 'anticipatory' duties. This means that course providers have to plan ahead to make 'reasonable adjustments' to the college and the way that courses are taught so that their courses are made accessible to everyone and not just changed to meet the needs of particular individuals.

The DDA does not say what it means by the term 'reasonable steps'. This may not be decided until a claim is made against a course provider in a court. However, the course provider can take into account issues such as academic and other standards, cost, financial resources available to them, grants or loans likely to be available to disabled students, health and safety, and the interests of other students when considering what 'reasonable steps' means.

When does the law come into effect?

The duty not to treat deaf and disabled people less favourably came into force on 1 September 2002.

The duty to take 'reasonable steps' to ensure that deaf and disabled people are not placed at a substantial disadvantage will be introduced in three stages:

Stage one
From 1 September 2002, you should not be placed at a 'substantial disadvantage' because a course provider fails to make 'reasonable adjustments' to their policies, procedures and practices. Below we have given some examples of how discrimination can take place when 'reasonable adjustments' are not made and how discrimination can be avoided when they are made:

A student who lipreads has a lecturer who continues to lecture whilst writing on a whiteboard. The lecturer's back is turned to the student. The lecturer is likely to be placing the student at a 'substantial disadvantage' because of his failure to change the way he teaches.
A deaf student who uses British Sign Language (BSL) is following an art course. Most of the course is practical. However, students are expected to give an oral presentation of their work as part of their exam. It is likely to be reasonable to let this student present their work using BSL.
Stage two
From 1 September 2003, course providers have had to provide auxiliary (additional) aids and services. This may include providing information in different ways, for example, using communication support workers such as BSL/English interpreters and speech-to-text reporters (palantypists), and videos in BSL and with subtitles.

It may also include providing equipment such as portable induction loops, radio aids and textphones.

The communication support workers must be suitably qualified and experienced, and the equipment must work properly. Lecturers must also work with them effectively. This is because the duty to provide auxiliary aids and services is to make sure that you are not placed at a substantial disadvantage compared with students who are not disabled.

Stage three
From 1 September 2005, you should not be placed at a 'substantial disadvantage' because a course provider has not made 'reasonable adjustments' to physical features on their premises. These reasonable adjustments may include fitting electronic display boards, permanent induction loops and infrared systems. It applies to lecture theatres, seminar rooms, catering facilities, residential accommodation and other premises provided wholly or mainly for the use of students.

Course providers should be getting ready to make 'reasonable adjustments' now, for example, by arranging access audits of all their premises and developing a policy to improve access at every opportunity.

Telling your tutor that you are deaf
It is good idea to tell your admissions tutor or your course tutor that you are deaf. If you do not and you are discriminated against, the course provider may be able to claim, in their defence, that they did not know that you were deaf. Your tutor should ask you about any disabilities when you are admitted on to your course. You can ask them to keep the information confidential. But if you do, it means that they are less likely to be able to give you the support you might need.

The checklist at the end of this factsheet will help you and your course provider plan the support you will need when you start a course. We suggest you fill it in advance, photocopy it and take it with you to your interview. If you are already on a course you should give it your course tutor.

If you are a school pupil and would like more information about what should happen when you start college, see the RNID factsheet, Starting college - information for deaf and hard of hearing students in Key Stage 4 or sixth form.

Equipment to help you study
Since 1 September 2003, a course provider has had to provide you with equipment from 1 September 2003 if you would be placed at a 'substantial disadvantage' without it. The following information might help you to think about what you need and what they can provide.

Choosing what you need

You can get a lot of equipment to help with all aspects of studying. You may know about and use some of the equipment already at school, home or work. You may also find other items useful that you haven't used before. Your course provider may already have made some alterations to the building and bought some equipment to make it easier for deaf people to study there. However they may not have some items and could arrange to buy these for you.

Depending on your deafness or hearing loss you may want to use:

Personal listening equipment (see our factsheet, Listening equipment to help you in everyday situations).
A conference folder.
Radio aid systems (see our factsheet, Listening equipment to help you in everyday situations).
Loop and infrared systems (see our factsheet, Loop systems and infrared systems - a guide for deaf and hard of hearing people)
Sound field systems (see our factsheet, Equipment to help deaf and hard of hearing learners).
Videophones (see our factsheet, Videophones - information for deaf and hard of hearing people).
Audiovisual equipment (see our leaflet, Sound and subtitles - making the most of audiovisual equipment).
Webcams.
Textphones (see our factsheet, Textphones).

Getting advice about equipment
RNID Sound Advantage has an education advisor who can give your course provider more information about equipment to help you study. You can also contact RNID Sound Advantage yourself.

Course providers should have a disability co-ordinator whose specific responsibility is to provide support for deaf or disabled students. The National Union of Students (NUS) also has Disability Officers who will be able to give you advice. See Further information for contact details.

Refer your college to our factsheet, Equipment to help deaf and hard of hearing learners. See also the section, Buying equipment later.

What to do if you think you have been discriminated against
If you feel that you have been discriminated against because you are deaf or disabled you can take several steps. You can:

Complain to your course provider and/or
Use a conciliation service and/or
Take legal action.
You can choose whether to start by complaining to your course provider or take legal action straight away. It is important that you remember that the time limit for starting legal action is six months from the date of the alleged discrimination

If you are thinking of making a complaint, particularly if you are thinking of taking legal action, it is a good idea to get advice first. See Further Information for details of organisations you can contact.

Complaining to your course provider

Your course provider should have an internal complaints procedure. Ask your tutor or the disability officer to explain it to you. If your tutor cannot help you, or if your course provider has no disability officer, the admissions staff may be able to tell you who to contact.

It is usually a good idea to start with the complaints procedure, as the courts prefer you to have done this before you take legal action. If your complaint is not sorted out within six months you may decide to start legal proceedings anyway to make sure you don't miss the deadline for taking legal action.

The internal complaints procedure should be straightforward but if you would like advice before making a complaint, or help in making the complaint, contact one of the organisations listed in Further information later.

Using a conciliation service

You might be able to use the Disability Rights Commission's Disability Conciliation Service if:

You are not happy with the way that your course provider deals with your complaint or
If you have started, or are about to start, legal action.
The aim of conciliation is to reach an agreement that is acceptable to both you and your course provider. You must both agree to use conciliation. If you are interested in using conciliation, you should seek advice from one of the organisations listed in the Further information section, or from the Disability Rights Commission. If you are not happy with the outcome of the conciliation, you can still take legal action and you will have an extra two months to do so.

Taking legal action
If you cannot solve the problem using your course provider's internal complaints procedure, or you do not want to use that procedure, you can take legal action. This means your case will go to the county court in England and Wales, or the Sheriff Court in Scotland. It is a good idea to get advice from one of the organisations listed in the Further information section, or from a solicitor or advocate, before starting legal proceedings.

You must bring your complaint to court within six months of the date when the alleged discrimination took place. If the discrimination has taken place over a longer period of time, the six months begins at the date of the last discriminatory act. If you use the Disability Conciliation Service (see Using a conciliation service), you will have an additional two months to take legal action.

If a court proves that discrimination has taken place

If your court case is successful, you could be awarded one of more of the following:

Money to compensate you for any financial loss.
Money to compensate you for injury to your feelings.
An injunction (in England and Wales) or an interdict (in Scotland) to stop your course provider discriminating in the future.
An order that means your course provider must take positive action, including making 'reasonable adjustments'.
A declaration as to the rights and responsibilities of you and your course provider.

Further information
Information for students in Northern Ireland

Equality Commission for Northern Ireland
The Equality Commission for Northern Ireland can provide information, advice and support in relation to all areas of discrimination, including disability, in Northern Ireland.
Equality Commission for Northern Ireland, Equality House,
7-9 Shaftesbury Square, Belfast BT2 7DP.
Tel: 028 90 500600. Textphone: 028 90 500589.
E-mail: information@equalityni.org Website: www.equalityni.org (external link)

RNID Casework Service
The RNID Casework Service provides information and advice to the public and professionals on the DDA in relation to education, employment and the provision of goods, services and facilities. It also provides advice on welfare benefits.
RNID Casework Service, 19-23 Featherstone Street, London EC1Y 8SL.
Tel: 0808 808 0123. Textphone: 0808 808 9000. Fax: 020 7296 8199.
E-mail: caseworkteam@rnid.org.uk

Citizens Advice Bureaux (CABx)
Citizens Advice Bureaux will give free advice on the DDA and other areas of law in all parts of the UK. In some circumstances, they may provide representation. See your local phonebook for details of your nearest CAB or you can carry out an online search at www.nacab.org.uk (external link)

Community Legal Service
The Community Legal Service can give you details of your local advice centre in England or Wales. Advice centres can provide help in discrimination cases.
Tel: 0845 608 1122. Textphone: 0845 609 6677.
Website: www.justask.org.uk (external link)

Information about court fees and procedures
County Courts in England and Wales
See www.courtservice.gov.uk (external link) for forms and information about fees and procedures in the county court.

Sheriff Court in Scotland
See www.scotcourts.gov.uk (external link) for forms and information about fees and procedures in the Sheriff Court.

The Disability Rights Commission (DRC)
The DRC provides free advice to people in England, Wales and Scotland who have been discriminated against. They may also provide representation. They also run a conciliation service to try and resolve problems with course providers without going to court.
DRC Helpline, Freepost MID 02164, Stratford-upon-Avon CV37 9YY.
Tel: 08457 622 633. Textphone: 08457 622 644
(8am-8pm, Monday to Friday). Fax: 08457 778 878.
E-mail: enquiry@drc-gb.org Website: www.drc-gb.org (external link)

The Disability Law Service (DLS)
The DLS provides free legal advice to disabled people and may provide representation. It can advise on education law in England and Wales.
DLS, Ground Floor, 39-45 Cavell Street, London E1 2BP.
Tel: 020 7791 9800. Textphone 020 7791 9801
(10.30am-1pm and 2.30-5.00pm, Monday to Friday).
Fax: 020 7791 9802. E-mail: advice@dls.org.uk

Law centres
Your local law centre can provide free advice and representation.
Law Centres Federation, 18-19 Warren Street, London W1T 5LR.
Tel: 020 7387 8570. Fax: 020 7387 8368.
E-mail: info@lawcentres.org.uk Website: www.lawcentres.org.uk (external link)

National Union of Students (NUS)
NUS is the national organisation for students and provides advice and information for most of the student unions in the UK.
National Union of Students (NUS), Nelson Mandela House,
461 Holloway Road, London N7 6LJ.
Tel: 0207 272 8900. Fax: 0207 263 5713.
E-mail: nusuk@nus.org.uk Website: www.nusonline.co.uk (external link)

Skill: National Bureau for Students with Disabilities
Skill promotes opportunities for young people and adults with any kind of disability in post-16 education, training and employment across the UK.
Skill: National Bureau for Students with Disabilities, Chapter House,
18-20 Crucifix Lane, London SE1 3JW.
Tel: 0800 328 5050. Textphone: 0800 068 2422
(Monday-Thursday, 1.30pm-4.30pm). Fax: 020 7450 0650.
E-mail: info@skill.org.uk Website: www.skill.org.uk (external link)

Buying equipment
You can get up-to-date information about some of the products covered in this factsheet by visiting our website and looking at our database of equipment. You will find details of products, manufacturers, suppliers and costs. If you do not have access to the Internet, you can contact RNID's Information Line (details below) for the same information.

Buying equipment from RNID
RNID Sound Advantage sells a range of equipment for deaf people. Visit the RNID Shop at www.rnidshop.com (external link) to buy some of the equipment online. Alternatively, send off for a copy of the RNID Sound Advantage Solutions catalogue.
RNID Sound Advantage, 1 Haddonbrook Business Centre,
Orton Southgate, Peterborough PE2 6YX.
Tel: 01733 232607. Textphone: 01733 238020. Fax: 01733 361161.
E-mail: solutions@rnid.org.uk Website: www.rnidshop.com (external link)

Further information from RNID
If you want to find out more about some of the subjects covered in this factsheet the following RNID factsheets may be useful:

Benefits - information for deaf students aged 16-18.
Benefits and allowances - information for deaf and hard of hearing students aged 19 and over.
The Disability Discrimination Act - a guide for deaf customers.
Equipment to help deaf and hard of hearing learners.
Starting college - information for deaf and hard of hearing students in Key Stage 4 or sixth form.
Teaching strategies to use with deaf students - advice for lecturers in Further and Higher Education.
We also have a range of factsheets about communication services and special equipment for deaf people. You may also wish to get RNID's leaflet Equipment for deaf and hard of hearing people and Communication services for deaf and hard of hearing people.

The RNID Information Line offers a wide range of information on many aspects of deafness and hearing loss. You can contact us for further copies of this factsheet and the full range of RNID information factsheets and leaflets.

RNID Information Line
RNID Information Line, 19-23 Featherstone Street, London EC1Y 8SL.
Tel: 0808 808 0123. Textphone: 0808 808 9000. Fax: 020 7296 8199.
E-mail: informationline@rnid.org.uk

Checklist of my support needs:
Name:

To help me work effectively on my course and take part in college life I will need:

Type of support/equipment Yes No Sometimes (give examples)
To wear hearing aids
 
 
 
 
To use a radio aid
 
 
 
 
To use a loop system
 
 
 
 
A Communication Support Worker (CSW)
 
 
 
 
A notetaker
 
 
 
 
An electronic notetaker
 
 
 
 
A lipspeaker
 
 
 
 
A BSL/English interpreter
      
Lecturer's notes before class explaining new vocabulary
 
 
 
 
One-to-one tutorials with a Teacher of the Deaf
      
One-to-one tutorials with a subject specialist
 
 
 
 
Written materials in modified English
 
 
 
 
Adjustments in exams (for example, extra time)
 
 
 
 
Other (give examples)
 
 
 
 

RNID Information, October 2003

Acknowledgement
RNID would like to thank the Disability Rights Commission for giving us permission to use their information when producing this factsheet.

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