This information applies to England and Wales.
If your education provider is treating you unfairly because of disability, it may be discrimination.
This could be that your college or university treats you differently and worse than others because of your impairment or condition. Or it might be that you're treated the same but that puts you at a disadvantage because of disability.
The Equality Act 2010 can protect you from discrimination if you are defined as 'disabled' under the Act. This usually means how your condition affects you, not what your condition is.
Showing you're disabled under the Equality Act (Citizens Advice)
The Equality Act covers discrimination from:
This means your university or college must not discriminate against you in things like:
Discrimination in education (Citizens Advice)
The Equality Act for disabled students (Disability Rights UK)
Your college or university must know about your impairment or condition and be given a chance to make adjustments for you. This may include telling your tutor or teacher too.
You cannot claim discrimination if they are not aware of your needs.
It can help to understand what type of discrimination you are experiencing before speaking to your college or university.
Knowing how you are being discriminated against can help you assert your rights to get what you need.
There are 6 types of discrimination:
Examples of these might be:
Types of discrimination in education (GOV.UK)
Where they can, your education provider has a legal duty to try to remove the barriers you face because of disability. This is called making reasonable adjustments. It can be discrimination if your college or university fails to provide adjustments.
If you think you are experiencing discrimination, find out who supports disabled students.
You could start by going to:
Ask who you should speak to about disability. The job title can vary between education providers, such as:
Their job is to make sure the college or university is meeting its duties under the Equality Act.
Before going to your disability adviser, you might want to talk to:
Most universities have counselling or student peer support services. Ask student disability services what is available.
You could also talk to your doctor (GP) about getting support if you are struggling with your mental health.
Thinking about what you want to happen can help you decide what you want your adviser to help with.
You may want:
Taking action about discrimination in education (Citizens Advice)
Ask for a confidential chat with your disability adviser. Tell them:
Be factual and specific. Tell or show them everything you have tried to manage or resolve the problem.
Ask what support they can provide. If you know what you need, ask for it. Remember that you are not asking for a favour or special treatment. You are telling them about your right to support after facing disability discrimination.
Follow up with an email or letter to your adviser. Include what you discussed and the support or adjustments that you are asking for.
Keep a copy of this written request. You may need it if you decide to make a formal complaint or take legal action.
If your adviser has not resolved the problem, follow the college or university complaints procedure.
You can find this:
You must go through the complaints procedure before you can do anything else. In higher education (university), you should get a 'Completion of Procedures' letter to confirm the end of the process and report the outcomes.
Ask for any adjustments that you need to access the complaints procedure.
For example, a copy of the procedure in a large print document or having a British Sign Language (BSL) interpreter for meetings.
You may be able to complain to:
The OIA will check the university has followed procedures and best practice. They may also help you reach an agreement with your university. This is called mediation.
You have 12 months from the Completion of Procedures letter to submit your complaint.
The OIA cannot help decide if the situation is unlawful discrimination. You will need legal advice for this.
If you are unable to resolve your problem, you can take legal action to claim discrimination. This can be stressful, take time and cost money.
It is important to get legal advice to see if you can claim discrimination.
Finding free or affordable legal help (Citizens Advice)
If you decide to make a claim, you would take your case to County Court. The court can:
You usually need to make your claim in County Court within 6 months of the discrimination, such as being refused adjustments for an exam.
If you have had support from the OIA and have not been successful, you may be allowed longer to take your claim to court. Seek legal advice first.
Equality Advisory and Support Service has information on discrimination. For specific information, choose:
EASS does not give legal advice.
Last reviewed by Scope on: 01/08/2024
Was this page helpful?
Great!
Tell us how it helpedWe're sorry to hear that.
Tell us how we can improve it