Ready for SENDO?

Did you know that from September 2005 students with disabilities and/or learning difficulties in Northern Ireland will have new rights?

What does this mean for me?

Like all legislation reading SENDO can be quite complicated and not make very much sense. However in its most basic form SENDO will mean that:

• Colleges of further and higher education must not treat students or prospective students who have a disability less favourably, without justification, for a reason related to their disability.
• Colleges must ensure that reasonable steps are taken to ensure that students with disabilities are not substantially disadvantaged compared to students without a disability, in their access to education and associated services.

A college of further and higher education can be defined as:

• A Further Education College
• A University
• A Teacher Training College
• A College of Agriculture

What is a reasonable adjustment?

SENDO does not define what a reasonable adjustment should be. It may often be the case that a variety of factors may need to be taken into account on an individual basis when making a reasonable adjustment.

The legislation states that the Equality Commission for Northern Ireland will be responsible for developing a Code of Practice, which will outline some of the factors that may need to be taken into account.

Skill NI is working closely with the Equality Commission to ensure that the Code of Practice help colleges and students determine what a reasonable adjustment is. The Equality Commission are currently running a consultation on a draft Code of Practice which will give you an opportunity to influence the content of the Code. Click here to find out more.

Nevertheless it is likely that a reasonable adjustment will include such things as:

• Having the right to have a note-taker.
• Receiving class notes in larger print or other formats.
• Providing appropriate equipment.
• Ensuring that you can access your classroom.
• Giving extra time for assessment.

Who is not covered under SENDO?

SENDO covers all schools, further education colleges and higher education institutions across Northern Ireland.

Work-based training providers and private education providers are not covered under the current legislation. However it will often be the case that organisations such as these will be covered under Part 3 of the DDA.

Do I have to disclose my disability?

SENDO gives you the right, if you so choose, to not disclose your disability to your college or university.

Colleges and universities will have an anticipatory duty to ensure that no student is discriminated against because of their disability. They can do this by ensuring that their buildings and facilities are accessible and by providing course material in alternative formats.

What do I do if I feel I have been discriminated against because of my disability?

If you feel that you have been discriminated against, you may find it easiest to talk to someone in your college such as a tutor, a disability officer, a learning support coordinator or your students union welfare officer. They may be able to solve the dispute quickly and to your satisfaction.

You may also choose to use the institutions internal complaints procedure or take out a Section 75 complaint against the college or university.

From September 2005 the Equality Commission for Northern Ireland will be enpowered by SENDO to establish an independent conciliation service for disputes arising under the further and higher education sections of the Order to promote the settlement of disputes without recourse to the courts. The conciliation service will also apply to schools and may be used to promote resolutions under Part 3 of the DDA.

Both the institution and the student must agree to use the conciliation service and it will be the aim of the complainant and the respondent to find an agreed solution to the dispute. The Equality Commission or the conciliation service will have no power to impose a settlement, sanctions or penalties on either party in the dispute.

If conciliation or agreement is not possible you may choose to begin legal proceedings against your institution. This will mean that the dispute will be settled by the decision of a court. If you wish to take legal proceedings against your college you must do so within six months of an act of discrimination. This time limit will be extended by two months if the conciliation service was used to attempt to resolve the dispute.

If you are successful you may receive compensation for any financial loss, or injury to feelings. You could also seek an injunction against the institution to prevent the institution from repeating such a discriminatory act in the future.