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Subject:

General Medical Council Case- Research Brief

From:

Ozcan KONUR <[log in to unmask]>

Reply-To:

HE Administrators equal opportunities list <[log in to unmask]>

Date:

Thu, 9 May 2002 12:08:34 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (106 lines)

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 and training 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 access to higher education and professional
education by disabled students.  The case is concerned with the access to
medical education by a mobility-disabled student. The reasonable adjustments
to the clinical training and academic assessments of Cox as suggested by
University of Oxford  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 and training 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 negatively access to professional education as well as
access 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 a strong
defence of the Section 28S(6) and 28S(7) of the DDA (1995) 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, attitudes towards disabled students
and disabled people.


Background information about Ozcan Konur

This research brief is a free outreach and dissemination activity from a
research project. Ozcan Konur has carried out a four-year long  self-funded
research (funded through the modest casual employment income) into the
access to higher education, professions, and graduate employment using an
interdisciplinary research framework. He published three peer-reviewed
papers and two conference papers on access to higher education and
professions by disabled students. He also published over 100 abstracts and
or papers online at the research project website at
http://www.student.city.ac.uk/~cx639/index.htm (to be revised substantially
soon). He is currently researching  access to employment and professions by
disabled people under the Disability Discrimination Act (DDA) (1995) to test
the public claims made about the claimed effectiveness of the Part IV of
this Act as revised by the Special Educational Needs and Disability Act
(SENDA) (2001). The underlying project has been registered for the Ph.D. at
City University.

________________________________
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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