I would have thought that depends on why the student isn't eligible for DSA? If it's because the
student doesn't have (or maybe doesn't have evidence of) a 'disability' as is defined under the act
then it was considered to be unnecessary for a referral for a formal assessment with a disability
specialist service (e.g. ACCESS Centre) being made? The definition in the CoP seems broad enough to
cover anyone who might require specialist assessment/assistance.

(definition from the DRAFT Code of Practice, post-16) ""2.2 Physical or mental impairment includes
sensory impairments and also hidden impairments (for example, mental illness or mental health
problems, learning difficulties, dyslexia and conditions such as diabetes or epilepsy). People who
have had a disability within the terms of the Act in the past continue to be protected from
discrimination even if they no longer have the disability. [Sch 2] People with severe
disfigurements are also covered.""

(That bit about people who 'have had a disability' includes people who are currently in remission
or are having a particularly long 'good period' e.g. arthritis etc. but this could end any time -
makes sense.)

I've been trying to find any reference to the need for a student to provide evidence of a
disability to the institution in the CoP but so far haven't been able to...

If it's because of funding arrangements e.g. international student, but the student has a
disability, then so long as funding can be found to cover the cost of assessment I don't see how
the student could be turned down, so long as the student has a disability, and I guess has medical
or other evidence to support this. I wouldn't have thought that this outcome would be in the spirit
of the act, anyway?

Anyone else have thoughts on this?

The new draft post-16 code of practice at
http://www.drc-gb.org/drc//InformationAndLegislation/Page34A.asp
but I have to admit I've yet to work my way properly through this.

Ian Francis

On 11 Feb 2002 at 15:46, Christine Chubb wrote:

> Does anyone know (or can anyone hazard an educated guess) whether,
> under the terms of the new legislation, disabled students can be
> refused study needs assessments because they are not eligible for DSA
> funding?
>
> Chris
>
> ----------------------
> Christine Chubb
> Disability Adviser, Access Unit for Deaf and Disabled Students
> www.bristol.ac.uk/Depts/AccessUnit
> Tel: 0117 954 5726 Fax: 0117 923 8546 Text: 0117 954 5728
> and
> Access Officer, Short Courses and Outreach
> Tel: 0117 954 5710 Fax: 0117 954 5714 Text: 0117 954 5715
>
> Access Unit, University of Bristol
> Union Building, Queen's Road, Bristol BS8 1LN
>
> [log in to unmask]
>