Deaf student Zanna Messenger-Jones has forced the Government to back down on proposed restrictions to the Disabled Students’ Allowance (DSA).
With the support of the National Deaf Children’s Society (NDCS), Zanna, from Ireleth, Cumbria, brought judicial review proceedings against the Department for Business, Innovation and Skills (BIS) for its failure to consult properly on changes to the allowance, which provides vital support for disabled university students.
Zanna took action against proposals by BIS to cut back on the DSA, effectively handing universities the responsibility of bankrolling the needs of these young people. However, BIS last night announced that it has postponed any changes until 2016-17 to allow for further consultation.
Susan Daniels, CEO for the National Deaf Children’s Society said:
“This announcement will come as a relief to students who rely on the Disabled Students’ Allowance to provide the vital support needed to access their course.
“The proposed changes threatened to severely compromise deaf young people’s access to Higher Education. It was unacceptable that the Department for Business, Innovation and Skills was proposing to push ahead without consulting those most directly affected. Deaf students like Zanna should not have to take legal action to force the Government to listen.
“We now look forward to working with the Government to ensure there are proper safeguards in place to protect deaf students’ support in Higher Education.”
The legal action, brought by solicitors Irwin Mitchell, had recently been given permission to proceed to a judicial review. The High Court was set to consider whether the Government had acted unlawfully in failing to consult directly with disabled students about the proposed changes. The Judge, Mrs Justice Lang, had already made clear that she was “not impressed” with the Government’s arguments that it didn’t have to consult.
NDCS opposes the changes because it is not clear what safeguards would be in place to protect disabled students if universities fail pick up any additional costs. The changes threaten to leave disabled students at risk of going without the support they need.
The BIS announcement acknowledged that “there are concerns that some [Higher Education] institutions are not yet in a position to deliver a fully accessible service to students, and that this may result in a negative impact for some students.”
NDCS now looks forward to working with the Government to make sure any changes are introduced in a way which ensures disabled students get the right support, with proper safeguards in place.
pennybsl
March 12, 2015
Great news.
That was quick and should never have happened in the first place!
Another U-turn by a Government who has in the past four years habitually ignored lawful processes such as the Equality Act, data of successful outcomes by DSA-supported students, Impact assessments and proper, level-headed consultation.
A waste of time, energy, resources, tax-payers’ money and crucially, had dented many potential Deaf & Disabled undergraduates’ morale.
We look forward to improved joined-up awareness concerning the rights of Deaf & Disabled HE Students, across the spectrum of organisations who also fought against the DSA cuts:
The Students’ Union, University teaching Trade Unions like UCU (Universities and Colleges Union), BATOD (British Association of Teachers of the Deaf), ADEPT (Association of Deaf Education Professionals and Trainees), as well as the NDCS and other organisations supporting Deaf & Disabled Learners of all ages in HE.
We are all in this TOGETHER – securing young Deaf peoples’ futures in Universities who could just focus on the curriculum, not getting tangled up by more economic threats by any Government.
Thanks, Zanna and the NDCS.
Glennis Messenger
March 12, 2015
well done Zanna and the NDCS,we need people like you who will fight for your rights
Natalya D
March 12, 2015
This is not a victory…
It is a delay.
All the government have agreed is to defer some more of the changes to 2016-17. They are also being mealy mouthed about their requirement to consult at all.
The NDCS and similar need to be aware this still leaves DSA in limbo, just not as soon and there are still substantial impacts to non medical helper which affect deaf students (notetaking funding)…
Tim
March 12, 2015
At least NDCS try legal action – unlike AOHL.
Well done, Zanna and NDCS!
Ian Noon
March 13, 2015
Hi – you’re right, this is a tactical withdrawal by BIS. BUT it’s still an important victory because it provides protection to students now. It’s also an important delay because government policy on DSA may be very different after the election in May.
Disabled students may want to consider this issue if they have any meeting with people wanting to become MPs in their area.
If the Government presses on without proper consultation, then it would be putting itself at big risk of legal action again. I would hope they would think very carefully about avoiding that.