How should a college apply the health and safety at work act to students who attend their college and have disabilities.

I'm thinking duty of care to ensure access to the learning in the classroom while suffering mental illness.

I know there is the Equalities Act but that seems a little weak here.  Colleges have the Education Health and Care Plan with its own process but the college seem to be able to dictate what goes into that.

Problem with mental illness is its invisible.  A physical disability is usually there to be seen and understood where mental illness isn't.

My question is does the HASWA apply where students are concerned apart from duty of care.

Thanks for reading

Thanks Bigrab, What I'm thinking is the duty to ensure a student can access the learning experience in a classroom by providing everythin needed including the right Carer.

I know a student is not an employee but where does the student fit in the scheme of things.

Maybe Human Rights would be more applicable.

https://www.gov.uk/rights-disabled-person/education-rights

Higher education: All universities and higher education colleges should have a person in charge of disability issues that you can talk to about the support they offer.

Do we take it no such person is being named by the college? Next stop Principal / Chancellor etc.

Edited by user 10 July 2018 15:48:23(UTC)  | Reason: FFS

This is concerning a student who is both physically disabled with  mental illness.

She suffers anxiety and Mutism.  She is unable to communicate with anyone she does not know very well, i.e parents, brothers and two 'best' friends.

College have insisted on putting their learning assistant with her, who she does not communicate with.

Psychiatrist has made recommendations for parent to be in class assisting but College are saying NO.

They are effectively denying the student access to her course because she is unable to attend because of the anxiety caused by the college's learning assistant just sitting next to her.

This is not a physical barrier but a barrier all the same.

Complicated I know but how do I convince the college to follow what the psychiatrist recommends.

Invoke the local authority under Special Educational Needs (doubtless particular funds will be being drawn by the college to support attendance) and at the same time bring it to the attention of the Principal that their provision is failing the student

We have been everywhere you all suggest and they dig their heels in.  The initial reason was confidentiality as why the parent was not allowed into the classroom but when I made a disability discrimination claim they offered for the mum into the classroom but not to assist.

We tried but it did not work.

We have been before the Judge who suggested we carry on down the Education Health Care Plan route which is now near the end.  We will go to Tribunal where a different Judge will decide.

The Judge is reluctant to take the discrimination claim as he says it may not be any use.

We asked the Judge to ask the college the question you suggest we ask as to why and to clarify what they are against, but he would not put the question to them.

Once the hearing was over I asked the Principal the question and he said the answer needs more time than we had at that time.

We have the final EHCP meeting on Tuesday next.

The Principal has told me there is money provided, she is Fully Funded, but they have not drawn any, (squeeky clean).

Thanks for the replies and suggestions.

Thank you everyone, you have confirmed I have done all I can.

It appears that despite all the regulations the college can just dig their heels in and no one can force them to follow the rules.

I may have to use Humal Rights as the next step otherwise she is not able to attend college which is a basic human right.

Thanks again.

This is a complex case and one that clearly needs a qualified input from an education professional who is familiar with special educational needs.

I don't believe anyone can advise based on the information you have provided as it one viewpoint and the college's view may be that they have made the required reasonable adjustments.

This document is quite useful: https://www.equalityhuma...abled_pupils_1.pdf 

Good luck with this, I hope the individual concerned gets the best outcome and it would make a great case study for others to learn from.

You probably have gone down this route, but just in case you have not 

https://www.nus.org.uk/en/who-we-are/how-we-work/disabled-students/

Perhaps they could help your fight for right.

Read your post the other day and wondered why they would not allow the Mum to be the assistant, in the room yes, but assist no. The only thing I could come up with are they concerned the mum would help the student “cheat”. I not saying that is what would happen, just I wonder if that is the concern hence the assistance has to be impartial.

I remember from a course some time ago I was allowed someone to write for me in a rather long exam ( I chose to do it myself in the end despite problems with my hands at the time) but my assistance could only write what I said and had to be someone appointed for me. I wonder if this is the reason and they don’t want to say as it could come over as them suggesting she may cheat. Can’t think of any other reason. Perhaps the mother could be allowed to assist and the assistant monitors the mum!

If you could only find the reason you can tackle it. I think in this day and age the student has a fair bit of power, so try the union.

All the best with what seems to be a never-ending battle for you.

Chris