OverviewofSENDOforF HE by xHRYX2H

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									The Special Educational
  Needs and Disability
(Northern Ireland) Order
     2005 (SENDO)

What it means for Further
 and Higher Education



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Consequences of breaching SENDO




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      FHE Responsible Bodies
     Further Education
    Colleges & Institutes

     Higher Education
       Universities
                             Governing Body
Colleges of Education
Teacher Training Colleges

 College of Agriculture,     Dept. of Agriculture
Food & Rural Enterprise     and Rural Development

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     Who Has Responsibilities?

A responsible body is responsible for
anything done by their employees in the
course of their employment.
                                             Additional
                                             provisions

An agent or employee may also be
taken to have aided the responsible body
in committing an unlawful act.

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        Who Has Rights?

A person who has a physical or mental
impairment which has a substantial and
 long term adverse effect on his or her
 ability to carry out normal day-to-day
               activities

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         Unlawful Under SENDO

                       Must not treat
  Must not                                      Must make
                         disabled
   directly                                     reasonable
                       students less
discriminate                                   adjustments
                        favourably


               Must not             Must not
               victimise             harass



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        Direct discrimination
              Less favourable treatment
              on the grounds of disability
“a responsible body directly discriminates against a
disabled person if, on the ground of the disabled
person’s disability, it treats the disabled person less
favourably than it treats or would treat a person not
having and who has not had that particular disability
and whose relevant circumstances, including his
abilities, are the same as, or not materially different
from, those of the disabled person”
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     Less Favourable Treatment


 Disabled person is treated less favourably

 Reason is related to the person’s disability

 Actions cannot be justified


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             Justification for
        Less Favourable Treatment


 there is a material and substantial reason for
  the treatment

 it is the result of the application of a
  competence standard



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           Failing To Make
       Reasonable Adjustments


Failing to take reasonable steps that:

            avoid placing disabled students at
               a ‘substantial disadvantage’
             compared to those who are not
                         disabled

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      Substantial Disadvantage

Factors taken into account by Court may include:
        Loss of opportunity
        Indignity suffered by disabled person
        Inconvenience to the disabled person
        Time and effort a disabled person must invest
         in a task


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              Justifying a
Failure to Make Reasonable Adjustments
     Sound reason
     Clear connection between the reason and the
      circumstances of the particular case
     Reason more than minor or trivial

     The reason for the less favourable treatment
      would still have applied even if the adjustment
      had been made
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                  Victimisation
                 Treated Less Favourably
                  (whether or not disabled)
Because they have:
 Brought proceedings under SENDO
 Given evidence in support of a claim of discrimination
 Alleged that someone contravened the disability
    discrimination provisions of SENDO
 Done anything else under SENDO

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               Harassment

     A person subjects a disabled person to
harassment where, for a reason which relates to
   the disabled persons disability, he engages in
    unwanted conduct which has the purpose or
 effect of violating the disabled person’s dignity or
     creating an intimidating, hostile, degrading,
        humiliating or offensive environment

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             Lack of Knowledge
 Knowledge influences changes that can
  be made

 Disclosure may occur formally / informally

 Important to establish formal methods of
  disclosure and train all staff

 No defence against failure to make
  reasonable adjustments
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  Reasonable Adjustments
     Reasonableness

Factors to be considered
     Academic and other standards
     Financial resources of the institution
     Grants available to the student
     Costs of the adjustments
     Practicalities
     Health and safety
     Interest of others
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Exception to Reasonable Adjustment Duty


         Competence Standards
    An academic, medical or other standard
      applied for the purpose of determining
     whether or not a person has a particular
          level of competence or ability


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    Justifying the application of a
       Competence Standard


        Objective Justification
               Equally applied

A proportionate means of achieving a legitimate
                      aim

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 Unlikely to be a Competence Standard
• a requirement that a candidate must physically attend
  an examination at a particular location
• a requirement that a candidate attend a course over a
  certain period of time
• a requirement that a candidate attend a course full-time
  and not part-time
• a requirement that a candidate for a written exam must
  ‘write neatly’
• a requirement to hear spoken words
• a requirement to decipher text
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               Confidentiality
Responsible body should:
    Discuss with the individual the impact of this
     request in relation to making reasonable
     adjustments

    Consider other legal requirements

    Decide if request can be upheld and
     discuss other options

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Nature of the Reasonable Adjustment Duty

             Continuous
             Anticipatory
             Reactive
             Evolving
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Contact Us
   Equality House
   7-9 Shaftesbury Square
   Belfast BT2 7DP

   Enquiry Line: 028 90 890 890

   Fax: 028 90 331 544

   Text: 028 90 500 589

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