My hope would be that a pragmatic solution like the one I proposed would prevent this matter ever reaching the courts in the first place - thereby saving money, time, energy and stress all round!
I am going to conserve my own time and energy (and that of dis-forum members who read these exchanges) by saying no more on the matter of ensuite facilities today!
Roll on the weekend!
Alison
-----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 13:08
To: [log in to unmask]
Subject: Re: ME/principle
Alison It would appear that the key point that would really hold up in court
is your later point: "Given the institution's responsibility to make
reasonable adjustments, I would advocate that the reasonable thing to do in
this instance would be for the accommodation office to provide an ensuite
room for the disabled student but charge as if it were a non-ensuite room",
Andy
----- Original Message -----
From: "Cox, Alison" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, December 16, 2005 11:43 AM
Subject: Re: ME/principle
The DSA scheme (flawed as it is) requires each applicant to 'prove their
need'. It was those authorities (SAAS/LEAs) that I was referring to in my
earlier remark. I still maintain that the original premise (claiming that a
student has been charged more for an ensuite room because of their
disability) would not hold up. Humour aside, the first part of my response
is the key: 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.
Given the institution's responsibility to make reasonable adjustments, I
would advocate that the reasonable thing to do in this instance would be for
the accommodation office to provide an ensuite room for the disabled student
but charge as if it were a non-ensuite room.
Alison
-----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 11:32
To: [log in to unmask]
Subject: Re: ME/principle
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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