Good that you hignlight this point Andy- many people tend to forget this.
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Quoting A Velarde <[log in to unmask]>:
> it is really funny Alison. I would agree if the law would not have reversed
> the burden of proof. it is not the student who has to prove it (*), it is
> the institution. So , I am afraid, the flush doesn't work this time! Andy
> * Alison's note: "The student would need to convince the authorities that
> they would definitely have opted for a non-ensuite room if they hadn't had a
> disability".
>
>
> ----- Original Message -----
> From: "Cox, Alison" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Friday, December 16, 2005 11:18 AM
> Subject: Re: ME/principle
>
>
> I can't believe I'm responding to a 'toilet message' after being quiet on
> dis-forum for so long. I must be having a Friday moment!
>
> The issue about tariffs for ensuite and non-ensuite accommodation in most
> Halls of Residence is that the variation in charges applies to all students.
> So Andy's suggestion about the potential to claim discrimination for a
> premium applied to a disabled user in this case would be 'flushed out'
> (sorry!) if it came to court. The student would need to convince the
> authorities that they would definitely have opted for a non-ensuite room if
> they hadn't had a disability. That way, it could be said that the
> difference in cost between the two was a direct consequence of their
> disability.
>
> Season's Greetings!
>
> Alison
> ----------
>
> Alison Cox
> National Co-ordinator/Centre Director, BRITE
> c/o Stevenson College
> EDINBURGH
> EH11 4DE
> Tel 0131 535 4756
> Fax 0131 535 4880
> email: [log in to unmask] <mailto:[log in to unmask]>
>
>
>
>
> -----Original Message-----
> From: Discussion list for disabled students and their support staff.
> [mailto:[log in to unmask]]On Behalf Of A Velarde
> Sent: 16 December 2005 11:06
> To: [log in to unmask]
> Subject: Re: ME/principle
>
>
> I gather the cost issue could be picked up by either/both the LEA (via a
> specific dsa allocation) or the institution. I guessit will depend on
> institutional reality and the extend of the funding. I do not have a fix
> idea about it. There is however a principle in play here. Whether an
> institution could charge extra for an en-suit bathroom to a student that has
> a type of disability that requires such a facility. It is my opinion that
> charging that particular student (or the funding authority) may be
> discriminatory if we extrapolate insurance case law (insurance companies
> were barred to charge a premium to disabled users). Please note that I am
> referring to an specific disabled student who requires the facility, not
> every disabled student and not every ME suffered too. Just a Friday thought.
> Andy
> ----- Original Message -----
> From: "Kathleen Anne Darbyshire" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Friday, December 16, 2005 10:53 AM
> Subject: Re: ME
>
>
> > The DFES notes for guidance to LEAs on HE Student Finance give the
> > specific example of "Additional costs of en suite accommodation" as
> > being something that can be met from the DSA General Allowances.
> >
> > Kath Darbyshire
> > Disability Adviser
> >
>
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