Removed from college on the basis of my ill health

jacques_chirac

jevban wrote: »

This was an ncfe level 2 course...not a higher level course...that would have been progressed to on successful completion of exams and coursework...my previous issues were as discussed

You need to ask for specific reasons why your application was declined.

BobQ

rogerblack wrote: »

Discrimination _may_not_be_illegal_.
In general, companies and public bodies are required to make reasonable adjustments to cope with peoples disability.

However, reasonable adjustments may not be possible in all cases - for example it's quite legal to refuse someone a job as a builder because they're in a wheelchair - if the sites that are usually worked at are impractical for them to safely access and do work.

The issue about how the decision was made and acted on is seperate - clearly it's not a good idea to make decisions in a way that needlessly upsets people - but that doesn't change the fact that the decision itself may be legal.

Refusing someone a job is a different part of the act to that applicable to further education.

http://www.equalityhumanrights.com/advice-and-guidance/further-and-higher-education-providers-guidance/

Direct Discrimination under the DDA cannot be justified as reasonable.

Provided the Act applies to the person (ie they have a qualifying disability) then the organisation needs to prove that direct discrimination has not taken place not that it is reasonable.

Disability Related Discrimination is different and can be subject to justification. But an educational institution (under Part 4 of the Act) needs to show that it has considered making reasonable adjustments (including those proposed by the disabled person) and that they do not work.

Its not clear what was and was not considered in this case but direct discrimination is a fact and the college would need to prove it did not happen. Whether they have discriminated against the OP because of her disability and believe its justified is also not clear, but if they have then they are obliged to explain their justification.

poet123

The OP still has to fulfil entry requirements for the course though and the college needs to be able to access funding to provide the support.

jacques_chirac

I do wish people would stop referring to the DDA - it was superseded by the Equality Act three years ago!

jevban

spacey2012 wrote: »

What are the mental health issues and how do they effect you and do they draw anyone else in to the problem, such as self harming, attention seeking, threats of violence, self danger, danger to others.
As any of these would exempt them from having to make any adjustments.
Clear this point up and it removes any genuine excuse they may have.
But before discrimination comes to play, this needs to be examined closely.
You have a non de-script handle, nobody knows your true identity so open up and people will help you.
If this is wrong, it needs putting right.

Sorry...I don't usually/routinely post on these types of forums so don't know what you mean by a non descript handle? Can you explain please....I am 37 years of age, female with long standing health problems that cause no danger to anyone else. Having completed years of counselling, now long finished, I was interested in doing a similar, low level to start with, counselling course...I was interviewed and accepted by the tutor who went into much detail with me....is this enough information for now?

My header name is a mix of mine and my partners names.

Bev

poet123

jevban wrote: »

Sorry...I don't usually/routinely post on these types of forums so don't know what you mean by a non descript handle? Can you explain please....I am 37 years of age, female with long standing health problems that cause no danger to anyone else. Having completed years of counselling, now long finished, I was interested in doing a similar, low level to start with, counselling course...I was interviewed and accepted by the tutor who went into much detail with me....is this enough information for now?

My header name is a mix of mine and my partners names.

Bev

I think he means that your user name means that you are anonymous on here as opposed to some people who use usernames which could identify them.

jevban

poet123 wrote: »

I work in this area and in order to establish the facts we need more info.

Do you have the relevant qualifications to get a place on the course? What level of adjustment would be required for you to succeed? Are there any legal issues ongoing? Do you require support in classes to be able to fulfill the course requirements? What level of course is it? Is funding available to support your needs at this level of course? Unless we have specifics we can't really help.

I can see you are very upset about this but try to take a little step back and answer the above questions (even just to yourself if you don't want to disclose on here) It is unusual for support not to be available if all the above criteria are met.

With regard to their manner, it is a hard road, what one person views as someone being sympathetic another may view as patronising.

Hi

the issue of qualifications was fully discussed at the interview with the course tutor...all ok...funding was in place, I am registered disabled...she went away, spoke to a higher member of the college re supports and suitability, and again, I was given the ok and a formal start date offering afternoon and evening classes, with her suggestion after our talk, being that I attend the afternoon class as this would suit my situation better.

The letter inviting me over to consult with LS was simply put that I would discuss what support I would/might need at exam time...nothing else was mentioned.

In respect of the patronising attitude, my carer was rung whilst I was at college and independently from me, felt patronised and challenged the LS worker who stated in his opinion, I was not fit for the college, not the course, but the college. She challenged that and was told of 'other community based partnerships, away from the campus'.

I'm not being overly sensitive about this, I am upset and angry.

Bev

earthbound_misfit

jevban wrote: »

Having completed years of counselling, now long finished, I was interested in doing a similar, low level to start with, counselling course...
Bev

I wonder if it's the type of course? A friend of mine was rejected as a Samaritans volunteer as they thought he was a mental health risk from some questionnaires and things they did. He has never appeared to have any mental health problems.

poet123

jevban wrote: »

Hi

the issue of qualifications was fully discussed at the interview with the course tutor...all ok...funding was in place, I am registered disabled...she went away, spoke to a higher member of the college re supports and suitability, and again, I was given the ok and a formal start date offering afternoon and evening classes, with her suggestion after our talk, being that I attend the afternoon class as this would suit my situation better.

The letter inviting me over to consult with LS was simply put that I would discuss what support I would/might need at exam time...nothing else was mentioned.

In respect of the patronising attitude, my carer was rung whilst I was at college and independently from me, felt patronised and challenged the LS worker who stated in his opinion, I was not fit for the college, not the course, but the college. She challenged that and was told of 'other community based partnerships, away from the campus'.

I'm not being overly sensitive about this, I am upset and angry.

Bev

I can see that you are upset and I think you need to write and ask for a full explanation so that you are sure what the issues are that make them feel the college would not be a suitable place for you.

My guess is that they feel you will require a lot of support and that the college may not be a good fit for you in terms of environment. The community based projects are less intimidatory for certain students and perhaps it is their professional judgement that you fall into that category. Additionally, counselling is an arduous course that often throws up a lot of issues best left buried in many people. They may have doubts that the course is a good fit for you given your MH issues.

Clearly, without knowing what your conditions/limitations/care needs are I can only surmise. Something must have come up between enrolment and your meeting which lead them to this decision. Few colleges will turn away any student now, so they will have done so for good reason and with your best interests at heart. I appreciate that it may not feel that way so I would encourage you to find out exactly why they changed their mind and what information they are basing it on.

Good luck.

jevban

Thanks Earthbound...I did discuss in full my reasons for wanting to do the course...but what has upset me most is the attitude that I cant do ANYTHING at the college, but would better spend my time in the local library doing something else with an 'organisation better suited to my needs'...when asked what that may be, they struggled, and my carer rang to clarify also, and found the same attitude...when she suggested did they mean MIND, they again stuttered and said, yes, maybe, similar, etc etc....