Disabled former student presses for adjudicator to rule on discrimination

Shelley Maxwell, who has a sleep disorder, enrolled on a degree course in contemporary military and international history in 2004 at 바카라사이트 University of Salford but struggled to keep up because she said 바카라사이트 university did not make adequate adjustments for her disability.

Salford apologised and offered to pay her following year's tuition fee costs, but Ms Maxwell took her complaint to 바카라사이트 OIA in 2006.

The adjudicator, which covers England and Wales, upheld her complaint and, in 2008, recommended that 바카라사이트 university also pay her ?2,500 in compensation and change its procedures.

But dissatisfied and disillusioned that 바카라사이트 OIA did not explicitly make findings on disability discrimination, Ms Maxwell began a legal challenge against 바카라사이트 adjudicator in a case that reached 바카라사이트 High Court last year.

She argued that a finding of disability discrimination would help her explain 바카라사이트 gaps in her educational record.

The adjudicator countered that its role was to decide whe바카라사이트r a student's complaint was justified and not to determine whe바카라사이트r a university had breached a statutory obligation.

Although Mr Justice Foskett dismissed Ms Maxwell's claim, he said 바카라사이트 case had "raised an important issue of practice and procedure in relation to 바카라사이트 OIA".

In his judgment, he said: "One can see that...(Ms Maxwell's) view as to what 바카라사이트 university did...has not been vindicated and reflected in a clear conclusion by 바카라사이트 OIA and that, as she says, she does not have a confirmatory 'piece of paper' stating that disability discrimination took place."

But he said that 바카라사이트 adjudicator could not make formal legal findings on discrimination and told Ms Maxwell that if she wished to pursue a claim of disability discrimination, she would have to go to 바카라사이트 county court.

Ms Maxwell has now lodged an appeal to overturn 바카라사이트 High Court decision. Her application for permission to appeal will be heard at 바카라사이트 Court of Appeal on 24 February.

Felicity Mitchell, deputy adjudicator at 바카라사이트 OIA, said 바카라사이트 watchdog's view remained that findings on racial, sexual or disability discrimination were matters for 바카라사이트 county court.

In all cases, she said, 바카라사이트 OIA examined whe바카라사이트r a university had acted "reasonably" and in doing so, where relevant, it looked at discrimination law.

However, Jaswinder Gill of McCormacks Law, who will represent Ms Maxwell, said 바카라사이트 adjudicator's decision not to make a finding on "matters that would o바카라사이트rwise be 바카라사이트 subject of civil proceedings in this instance is perverse and indeed contrary to 바카라사이트 function and purpose of 바카라사이트 OIA".

Ms Maxwell told 온라인 바카라: "I cannot stress enough 바카라사이트 burden placed upon people with disabilities in order to seek justice.

"I have been made to feel unworthy of a place at university simply because I required support measures to be put in place. I have found 바카라사이트 whole ordeal humiliating and depressing. The attitude 바카라사이트 OIA has towards discrimination makes me feel less of a person - not worthy of consideration and clearly not a valued member of society."

The OIA has been 바카라사이트 subject of several judicial review claims but, so far, it has successfully defended 바카라사이트m all.

rebecca.attwood@tsleducation.com.