Supporting students with disabilities – issues regarding disclosure
The Equality Act (2010) which absorbed and superseded the Disability Discrimination Act
(1995) and the Special Educational Needs and Disability Act (2001), brought together over
116 pieces of legislation into one Act. It aims to harmonise discrimination law which protects individuals from unfair treatment and promotes a more fair and equal society. HEIs have the following key responsibilities under the Equality Act:
1. A prohibition on discrimination arising from disability
2. A duty to make reasonable adjustments (in provision, criteria, practice; in assessing physical features; through auxiliary aids)
HEIs also have a duty to make anticipatory adjustments (e.g. in course curriculum design). under the Equality Act it is permissible to treat a disabled person more favourably than a non-disabled person. HEIs are required to establish practices which actively break down the barriers to the social and educational inclusion of disabled people. Placement providers, trade organisations and qualification bodies also have to make “reasonable adjustments”, while maintaining competence standards, so that disabled people are not placed at a disadvantage.
Assessing the needs of disabled students
Although HEIs have a continuing duty to anticipate the needs of disabled students they are also required to take reasonable steps to find out if a student is disabled at each point of contact, pre-entry, at entry and while studying on a course.
Students can disclose a disability on their UCAS or application form; a copy of this is then sent to the Disabilities and Dyslexia Service. The Service makes contact with the student and begins the process of identifying and arranging support for their needs. Following an assessment the
Service sends an Internal Needs Assessment Report (INAR) to the Faculty Diversity
Coordinator from where it is passed to staff who require the information to implement adjustments. An INAR is a short report detailing the “reasonable adjustments” needed in the case of each individual disabled student. It is the responsibility of the Faculty to implement these adjustments (the Library, Academic Registry and Estates also have responsibilities).
Disclosure
Some disabled students are reluctant to disclose their disability at an early stage and may only choose to do so when they feel confident that the institution will understand and support their needs or when they have established a rapport or good relationship with one particular member of staff. Other students may not be aware of their disability, for example, that they have dyslexia when they join the University or may have been unaware that their condition, e.g. asthma or M.E., counts as a disability.
A student may disclose a disability when:

applying for accommodation

joining the library

starting a new module or a new year of study

registering for examinations

registering for a field trip, study abroad or arranging a work experience placement

at a tutorial with a personal tutor, programme convenor, module leader, etc.

obtaining financial, personal or careers advice and support.

experiencing difficulties with their programme of study.
If a student tells a member of staff – and only that one member of staff – about their disability the University may still be “deemed to know” and be expected to make
“reasonable adjustments”. Hence it is vital to complete a Disclosure Authorisation
Form.
Revised April 2013

What to do if a student discloses a disability to you or if you are concerned about a student with a disability

Ask if he / she has had contact with the Disabilities and Dyslexia Service (DDS). Provide contact details and the website address.

Explain the positive benefits of disclosure, i.e. that “reasonable adjustments” can be made within the curriculum and within the environment to meet their needs.

Encourage them to either contact the DDS or allow you to do so on their behalf.
If the student agrees that you can contact DDS on their behalf, ask them to sign Section A
(1) of the Disclosure Authorisation Form an d send it in a sealed envelope marked “strictly confidential” to the Disabilities and Dyslexia Service at either North or City Campus.
If the student prefers to contact DDS him / herself, ask them to sign Section A (2) of the
Disclosure Authorisation Form and send it in a sealed envelope marked “strictly confidential” to the Disabilities and Dyslexia Service, Student Services at either North or City
Campus.
If the student does not wish the information to be shared with anyone else in the University, you should explain that you recognise their right to do this but that it will limit the support or
“reasonable adjustments” which can be offered. Then ask the student to sign Part B of the
Disclosure Authorisation Form and send it in a sealed envelope marked “strictly confidential” to the University Secretary, Room M16, North Campus

Inform the student that they can review this decision at any point during their time at
University.

You are still expected to put in place any ‘reasonable adjustments’ which can be implemented without compromising the stu dent’s wish for non-disclosure.

There may be times when a student discloses information that must be passed on, for example, if a student reveals that there is a serious and immediate threat to their own personal safety, the safety of others or to the rights of others. In these circumstances the member of staff should tell the student that they have a duty to pass the information on, for example, to your Head of Department or emergency services. DDA legislation does not override the Data Protection Act or Health and Safety legislation. This kind of situation is likely to be a very rare occurrence. If at all possible, we would advise you to seek guidance from the DDS, the Counselling Service or the University
Secretary before acting.
Revised April 2013