Education Law Case Study: Disability Discrimination at University

Who did we act for?

IBB Law acted for Ahmed who sought our assistance following receipt of results of his third and final year of his undergraduate degree.

What was the education law legal case about?

Ahmed was informed that he had failed six of his modules and that, whilst he would be permitted to re-sit the modules in the following academic year, the marks for those modules would be limited to the pass mark of 40.  The consequence of this outcome was that it would have limited Ahmed’s capacity in terms of his degree classification.

It was clear Ahmed had extenuating circumstances, primarily a diagnosis of anxiety and depression, which had endured over 12 months and therefore amounted to a disability under the Equality Act 2010.  Ahmed had reached out for support from the University to make extenuating circumstances claims in respect of the modules with which he was struggling but, unfortunately, the support was inadequate for his needs.

What we did for Ahmed?

Having analysed the case, we advised Ahmed that the University’s actions potentially amounted to an act of disability discrimination against him. As a result and, at his request, we made submissions to the University.  The University accepted those submissions made on behalf of Ahmed and thus permitted him to make a retrospective extenuating circumstances claim.  We prepared that claim, setting our fully Ahmed’s circumstances which, in and of themselves, prevented him from submitting earlier extenuating circumstances claims.

The University’s Executive Committee accepted our submissions and thus Ahmed was granted the opportunity to re-sit the six modules for uncapped marks in the next academic year.  Ahmed was able to seek assistance and support with his diagnosis before re-sitting the failed modules.

He would no longer be hindered by a capped pass mark, thereby having the opportunity to achieve a degree which reflects his full academic potential.

Well done, Ahmed.