A member of the NDCS Young People’s Advisory Board, Zanna, has initiated legal action against the Government over proposedchanges to Disabled Students Allowance (DSA).
Disabled students who need support at university can apply to DSA to help cover the costs of things like note-takers or flashing fire alarms in halls of residence.
For many deaf students, this kind of support is vital. Last year though, the Department for Business, Innovation and Skills (BIS) announced that it plans to cut back DSA in some areas. Instead, universities would be expected to cover the costs.
NDCS has opposed these changes from the start because it’s not clear that universities can or will pick up the costs.
We feel it was wrong for the Government to push ahead with these changes without being clear how it would make sure that universities have adequate funding and are transparent about what they will or won’t offer.
The changes threaten to leave disabled students at risk of having to go without the support they need, without giving them any real new legal rights to do anything about this.
When the Government makes major changes like this, they are expected to do so fairly and to consult widely and openly on whether their proposals are a good idea at all or if there any ways to manage the risks. The Government hasn’t done this in the relation to the proposed cuts to DSA.
NDCS has produced a witness statement explaining how we feel that BIS has failed to deal with the process properly. Some of our key concerns include:
- There has been no open and public consultation. Whilst various papers have been produced along the way, they haven’t been accessible to disabled young people or publicised widely.
- The decision-making process has been messy and unclear. The Government say that their changes are proposals only – but much of what they say suggests that they have already made their mind up.
This means that for disabled young people like Zanna, it has been extremely hard to get involved and to have their say on something that will affect them in the future.
Irwin Mitchell solicitors and Zanna’s barristers Ian Wise QC and Steve Broach from Monckton Chambers agree and will be supporting Zanna in arguing that the Government has acted unlawfully.
NDCS is really proud of Zanna for standing up for deaf and disabled young people in this way. Whatever happens, Zanna will have sent a signal that the Government cannot ignore the views of disabled young people.
We’ll keep you updated on how the legal action progresses and what final changes are made to DSA.
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Laura
January 21, 2015
This is disgusting I cannot believe the government are proposing changes to the DSA when I went to university it was the first time I ever got any help I had a note taker, flashing fire alarm, was given equipment to help me and without all of that I would not have survived university!! I’m so grateful for the DSA it gives deaf and disabled people the opportunity to learn in the same way as a non disabled person, in theory this proposal is actually discriminating disabled students!
Cathy
January 21, 2015
I remember having support at University: notetaker and Interpreter although no fire alarm, but this support was vital to my participation and being a part of University; without which it would not have been possible to attend.
It is a sad fact of life that there are cuts to everything, but if Universities are taking up the challenge then should Zanna not be challenging them instead of the Government? Politicians have given responsibility to them that is hardly breaking the law!!
In this situation I would have probed the University of my choice and asked them: what funding do you have? Is it possible I can apply for funding to enable me to attend? Do you realise the Government have handed responsibility for such students over to you? This puts the ball firmly in their court and they would have to respond accordingly.
By challenging Universities it would put them on the spot and reveal whether or not they are financially viable for disabled students, whatever their needs. If it transpires that funds are unavailable or they are clueless about the situation then it would be the Universities responsibility to rectify the situation so that they are in a position to offer courses to disabled students.
This makes the battle between the Universities and the Government, instead of between a student and the Government, making the situation more transparent and with pressure from Disabled students means they would have to rectify the matter fast! If other students have gained financial support from Universities then so should deaf people. However, it does not look as though this has been established or not. If not, then it should be.
When the goalposts have moved we should be looking to the new goalie not the old one! To my mind this legal action is a false economy as a result.
The irony is not lost on me either: cuts are due to Government overspending and now we have legal action, which means overspending again!!! Such a dreadful waste of taxpayers money on gleeful lawyers and with no guarantee of either a successful outcome nor a university place to begin ones new life!!
I still wish you the best of luck, either way, Zanna!
Ian Noon
January 21, 2015
Hi Cathy,
You’re right that we shouldn’t forget about the importance of universities being accessible. But the reason that this legal action is directed at the Government rather than universities is because we feel that the Government should not be making these changes until and unless there are key safeguards in place.
These safeguards include:
* Making sure there are proper means of redress. This means giving students proper legal rights if a university doesn’t make reasonable adjustment. Our understanding is that, even if a disabled student were to take a university to court, the courts couldn’t instruct the university to make the necessary reasonable adjustments. So your suggestion that disabled students should take legal action against universities may not make much difference.
* Making sure students have information in advance of application as to what universities will or won’t do. There are currently no legal requirements around transparency, as far as we are aware.
* Making sure that universities have adequate funding. The DSA cuts backs assume that universities can pick up the tab, but we don’t feel that this has been properly tested.
We feel that the Government has failed to properly consult on and consider the impact of these changes. As a result, they risk leaving deaf students in limbo if universities don’t provide the necessary support. We don’t think this is right or fair.
To use your analogy, we want to make sure the goalposts aren’t moved without making sure that deaf people can still play on the field!
Thanks,
Ian
Cathy
January 22, 2015
Hi Ian,
Thanku for your reply. I can understand now why you are targeting the Government instead of University and that a court could lack the means to force a University to provide appropriate assistance.
It is a very sad state of affairs and to be blunt I hope deaf students can afford to pay back student fees. I mention this because £27,000 is an astronomical amount of money to learn something and if that is not paid due to deaf person not gaining a job or high enough wage then this battle with the Government is barely countenanced and will be a mortal waste of money………….!!
pennybsl
January 21, 2015
Great to see the challenge happening. But in response to Cathy, it is not the universities we are expected to blame, it is ultimately the Government, no matter which party is in change.
One aspect of post-school education, Adult Education, a lifeline for ‘second chance’ learners, unemployed people, parents of young children, single people, older people, disabled people, people who use English as their second language etc..is being hammered by council cuts forced upon the council by who….the Government. Universities have struggled with reduced funding from the Givernment too, there it is extremely hard for them to make them turn their eyes away from balancing their finances to deal with Deaf & Disabled students’ support costs.
It is right to aim at Central government because people go to universities outside their home borough due to their chosen degree subject, university’reputation for access and independent experience. Graduating with an university degree expects improved job prospect, despite many new graduates taking lower paid work to survive, in the long run.
My Union, Universities & Colleges Union (UCU) fully supports such proactive action like this one backed by the NDCS. We owe it to our future generations of Deaf undergraduates to be able to apply, enrol and participate without the ongoing fear of losing rightful support in their studies. We owe it to those Deaf students’ families, previous teachers, carers, communities who supported their learning in childhood.
Cathy
January 21, 2015
I don’t quite agree Pennybsl, even though some points are correct. If you blame the Universities, you actually have MORE power because they have to adhere to the Equality Act 2010. So discrimination could be brought under this.
It is also not as clever as we think: going to university, not when the clowns in Parliament have decided that you should pay 9k a year for the privilege!!! So a full course is going to cost 27k!!! An astronomical sum and no guarantee of work at the end of all that!!
The battle with Government should really be over student fees and the support structure with University, even though all this finance comes from the same place: the taxpayer!!
Natalya D
January 21, 2015
Good for Zanna. As someone who works with disabled students at university (including deaf and HOH students) it is SO important that it is not just us who feedback and complain to the government as it could be argued we have a vested interest. I am reading this NDCS witness statement and nodding so much as this reflects views of other interested parties who want deaf and disabled students to have the best opportunities possible.
I don’t object to all the changes, but I think the way they have been implemented is disgusting; full of political infighting between government and universities as a whole and treats disabled students as disposable cannon fodder when they are caught in the crossfire.
Consultation has been a joke, as the NDCS statement shows and the changes will mpact those universities who have the most deaf/disabled students because of inclusive practices already.
amandakent
January 28, 2015
The deadline for comments has now been extended, strangely enough
http://www.practitioners.slc.co.uk/products/disabled-students'-allowances/dsas-updates-for-practitioners.aspx#dsadraft
WOWcampaign (@WOWpetition)
January 22, 2015
Great news and good luck from WOWcampaign and as a disabled student who could not have studied without it very important to me
@mmaher70