Dear colleagues,

Apologies for the delay in responding to Faith Marchal's original query and subsequent contributions from list members - Liz Sutherland and myself have both been away from the office for some days.

We agree that the issue Faith raises is one which is not clear from the DTI's draft regulations and consultation documents, and we will be asking for clarification from the DTI when we make our own response to the their final consultation. It isn't clear where students' rights are codified in the draft regulations - but what we think might be the DTI's intention is that HEIs as education providers are covered by the section specifically relating to FEIs and HEIs (draft regulation 22) rather than the vocational training section (draft regulation 19).

Our current understanding is that ALL students will be covered by the forthcoming age equality legislation, in their applications to institutions and throughout their studies, regardless of the course they are studying. This seems to be reflected in draft regulation 22 which I've paraphrased here (and which doesn't use the phrase 'vocational training'):

- It is unlawful for the governing body of an institute of further or higher education to discriminate against a person in the terms on which it offers to admit him to the establishment as a student; by refusing or deliberately not accepting an application for his admission to the establishment as a student; or, where he is a student of the establishment, in the way it affords him access to any benefits, by refusing or deliberately not affording him access to them, or by excluding him from the establishment or subjecting him to any other detriment. This doesn't apply to students who, having completed a particular (vocational) course, would be lawfully excluded from that profession on the grounds of age (ie if a genuine occupational requirement could be cited by a potential future employer. However the only example of a genuine occupational requirement the DTI have proposed so far will apply to the acting profession). -

Draft regulation 19 refers separately to vocational training. This may relate to the vocational training offered by institutions such as Jobcentres, rather than by HEIs. However, in our response to the DTI's consultation we're going to specifically ask about this and also about responsibility towards students on work placements, which may be shared by HEI/ placement provider.

In relation to student loans, we heard from the Department for Education and Skills earlier this year that they have reviewed the upper age limit of 55 on loans for living costs for students in higher education. From September 2006, the upper limit for maintenance loans for new students will be age 60. For existing students who take out a loan for the first time in 2006 the limit will also be 60. This doesn't seem to chime with the forthcoming age legislation, however the SLC may not have duties to students under the regulations.

We intend that ECU's response to the DTI's final consultation will be posted on our website on 11 October, and we will notify the sector when this has happened. We really encourage individual HEIs to respond to the DTI and raise these questions as well. The deadline for responses to the DTI is Monday 17 October.

With good wishes,

Robyn Challis
Policy Officer, Disability and Age team
Equality Challenge Unit

tel 020 7520 7066
[log in to unmask]

-----Original Message-----
From: HE Administrators equal opportunities list
[mailto:[log in to unmask]]On Behalf Of Faith Marchal
Sent: 28 September 2005 12:52
To: [log in to unmask]
Subject: Age legislation - impact on students


Dear all,

Is anyone else out there, like me, concerned about whether or not different
student groups will be protected by the new Age legislation, based on their
course of study?

From the consultation document, it seems to me that students on programmes
of study which are prerequisites to particular professions or employment
(for instance, teacher certification, health and social care courses, legal
practice, and professional courses, e.g., CIPD, etc.) will be protected
under the "vocational training" provisions, but not others. Am reading
this too literally, or what?

Comments on the proverbial admin-eo postcard, please!

Best wishes,
Faith
-------------------------
Faith Marchal
HR Consultant - Diversity
Anglia Polytechnic University
Bishop Hall Lane
Chelmsford CM1 1SQ
e-mail: [log in to unmask]
tel: 01245 493131, ext 4928
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