On Mon, 6 May 2002 17:48:05 +0000, Ozcan KONUR <[log in to unmask]> wrote:

>Research brief on the access to professional education and training by
>disabled students following the General Medical Council case
>
>Konur, O. (2002) Research brief on the access to professional education and
>training by disabled students following the General Medical Council case, 7
>May 2002, Version 1, 8,000 words (London, City University). [On-line]
>http://www.student.city.ac.uk/~cx639/gmc.htm.
>
>Abstract
>This paper aims to brief all the Players involved in enabling disabled
>students to have access to professional education in higher education about
>the landmark case of General Medical Council v. Cox (2002) EAT decided on
22
>March 2002 by the Employment Appeal Tribunal and its far-reaching
>implications for disabled students in higher education and professional
>education. The case is concerned with the access to medical education by a
>mobility-disabled student. The reasonable adjustments to the clinical
>training and academic assessment of Cox were not approved by the Education
>Committee of the General Medical Council (GMC) on the ground of a threat to
>the patients' safety. It was held by Mr. Justice Holland that GMC is a
>qualifying body and therefore it is exempt from the employment provisions
of
>the Disability Discrimination Act (1995). Thus it was found that exclusion
>of Cox from the medical education was lawful. The full text of the case is
>provided and case is summarised in an accessible format. Its implications
>are briefly discussed from an interdisciplinary context rather than the
mere
>legal approach with an indicative list of references. It is argued that
this
>case would affect access to professional education as well as to higher
>education at large by disabled students. Although a Bill is passing through
>the Parliament currently to extend the DDA to the 'qualifying bodies' and
>the Government intends to extend the DDA to these bodies by October 2004,
>higher education institutions would have defence of the Section 28S(6) and
>28S(7) reinforced by Mr. Justice Holland's reasoning that access to medical
>education by disabled students would constitute a threat to the public
>safety. This reasoning would be effective until is overruled by the
>legislation or by the Court of Appeal in the due course. In other words the
>exclusion of disabled students from higher education and professional
>training would continue to be lawful despite the implementation of the
SENDA
>(2001) starting from September 2002. It is argued in this brief that there
>is no proven causal relationship between access to medical education (as
>well as to any other professional education such as nursing education) and
>the safety of the clients they would serve upon their graduation. This
>contention is well supported by the close examination of the UK case law on
>the 'clinical negligence' by medical doctors, the research literature on
>access to medical education by disabled students, research on academic
>assessment of disabled students in higher education and in professional
>training among others. It is further argued that there is a need for the
>evidence-based public policy making on access to medical education,
>professional education and higher education at large rather than based on
>unsupported claims of 'threats to the public safety' as done in this case
>for example.
>
>Keywords: Disabled students, access to professional education, access to
>professional employment, access to higher education, General Medical
Council
>(GMC), Disability Discrimination Act (1995), Special Educational Needs and
>Disability Act (2001), General Medical Council v. Cox (2002) EAT, research,
>Graeme Catto, reasonable adjustments, reasonable academic assessment,
access
>to the curriculum, access to training, Disability Discrimination
(Amendment)
>Bill (2002), EU Employment Directive.
>
>
>________________________________
>Ozcan KONUR
>Postal address: Rehabilitation Resource Centre (Walmsley Building Room
>W223), City University, Northampton Square, London EC1V 0HB, The United
>Kingdom.
>E-mail: [log in to unmask]
>Research project URL: http://www.student.city.ac.uk/~cx639/index.htm
>Phone: 020 7040 0271
>
>
>
>_________________________________________________________________
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Don't think it's impossible for a disabled student to a) get into a
professional training course, and b) qualify.

As a, relatively severely disabled, newly qualified doctor I can vouch that
it is possible, no matter how many hoops you have to jump through :o)

The powers that be are working to improve the support available for
disabled and ill medical students and doctors, about time, but better late
than never!

Jenny


Dr Jenny Newman
MB ChB Hons.