student with depression denied further DSA because of discriminatory rules

Can ANyone advise please?

i am the carer for a mature student who has severe recurrent depression. She took up a part time undergraduate programme in 2009 hoping to take 6 years to compete and was awarded DSA. Her illness fluctuates but it became so severe in 2011/12 and 2012/13 that she was forced to take a two year leave of absence and returned to complete 2013/14 with top grades in all assessments. Just heard this week that Student Finance England is flatly refusing any further award of DSA (which is critical as she also has a physical disability) quoting the fact that the 'old rules' (ie those that applied to students commencing prior to 2102) have strict time limits on how long a student takes to complete their course. Even her uni thinks this is contrary to the Equal Opportunities Act 2010 and other anti discrimination legislation but Student Finance England are intransigent. Uni starts next week - how can I proceed next to make them see sense? Help anybody!!!!!!

Reply 1

NJones

6

There is some weird rule in the DSA regulations where a part time course has to be completed within a certain time frame compared to the equivalent full time course. It used to be that a part time course was considered to be a minimum of 50% equivalent study (to qualify for DSA) therefore if the equivalent full time course was 3 year/ 120 credits, the part time course must be completed within 6 years at minimum of 60 credits per year. This was the maximum duration DSA could be allocated for.

This percentage has been reduced to 25% around 2013/14, so under the newer regs someone studying a part time equivalent of a 3 year/120 credits degree would need to complete within 9 years at minimum of 30 credits per year.

I suggest the student contacts their DSA assessor.

Reply 2

catrainor

OP

Original post by NJones

There is some weird rule in the DSA regulations where a part time course has to be completed within a certain time frame compared to the equivalent full time course. It used to be that a part time course was considered to be a minimum of 50% equivalent study (to qualify for DSA) therefore if the equivalent full time course was 3 year/ 120 credits, the part time course must be completed within 6 years at minimum of 60 credits per year. This was the maximum duration DSA could be allocated for.

This percentage has been reduced to 25% around 2013/14, so under the newer regs someone studying a part time equivalent of a 3 year/120 credits degree would need to complete within 9 years at minimum of 30 credits per year.

I suggest the student contacts their DSA assessor.

Thank you for your reply which hits the nail on the head. It is my contention (and her uni agrees) that these old rules are illegal and contrary to disability discrimination legislation in that they fall foul of the INDIRECT DISCRIMINATION issue. By stating that a course MUST be completed within a strict timeframe the rules did not take into account those disabilities where the student although intending to complete the course within the rules cannot guarantee that they can as they may need time out for reasons enitrely due to their disability. Public bodies need to make 'Reasonable adjustments" in such situations (the legislation obliges this) but her uni has told me that SFE assesors never exercise the powers of discretion they are given for such contingencies. It may be that either the rules themselves are discriminatory or else the implimentation of the rules by SFE are discriminatory.

Reply 3

anon2010

11

I'm going to follow this thread because I may be in the same situation in a few years time when my DSA entitlement runs out.

Reply 4

anon2010

11

I've just done a bit of asking around and apparently it is not discrimination because that was the rule that you agreed to when you applied pre 2012.

The uni should be able to offer some support but not as much as dsa.

Reply 5

catrainor

OP

Original post by anon2010

I've just done a bit of asking around and apparently it is not discrimination because that was the rule that you agreed to when you applied pre 2012.

The uni should be able to offer some support but not as much as dsa.

a fallicy in that argument is that the Equality Act was already was already in place when she tool her leave of absence. Indirect discrimiination would still apply in that the discrimination is inherent in the 'rules' and she had no choice whether to accept them or not if she was to claim the DSA she has always needed for her studies. Writing to local MP and will keep the forum posted idc.

Reply 6

InnerTemple

20

There is also a formal appeals process:

http://www.sfengland.slc.co.uk/media/597413/sfe_appeals_leaflet_1314_d.pdf

Reply 7

Clarissa Summer

TBH your friend should forget about higher education. I mean what is she going to do with the degree?

Reply 8

catrainor

OP

Original post by Clarissa Summer

TBH your friend should forget about higher education. I mean what is she going to do with the degree?

after a long period of serious illness she is hoping to set up her own business as an art therapist (she had many years epxerience in the medical profession) in addition of course the very process of studying is in itself a great boost to her long term recovery

Reply 9

anon2010

11

Original post by Clarissa Summer

TBH your friend should forget about higher education. I mean what is she going to do with the degree?

People with depression can have years in remission. Therefore they could use their degree to obtain higher level jobs.
It's unfair to say that because someone has been ill it would be pointless getting a degree. There is also part time jobs that require degrees.
I think you need to do a little bit of research about depression before you make a judgement on the issue.