Disability Discrimination Act (DDA) related query

Dear Mr. Wildman,

Thank you for your email of 23rd November 2009 requesting information about DDA related matters. I am writing to let you know that we have received your request and will process it as soon as possible, and in any case within 20 working days of the day we received the request. You will hear back from us by 21st December 2009 at the latest.

Yours sincerely

Mrs Lesley Jackson
Freedom of Information Co-ordinator
The University of Liverpool
The Foundation Building
765 Brownlow Hill
Liverpool L69 7ZX

Fax: 0151 794 3272

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Mrs Lesley Jackson

Freedom of Information

Co-ordinator

The Foundation Building
765 Brownlow Hill
Liverpool
L69 7ZX

F  0151 794 3272
E  [University of Liverpool request email]

[1]www.liv.ac.uk

                                                                                                                    

                                                                                                                    

                                                                                                                    

FOI/LJ

15^th December 2009

Mr. John Wildman,

Via email to [2][FOI #23621 email]

Dear Mr. Wildman,

Thank you for your email of 23^rd November 2009 requesting information
about Special Education Needs Disability Act and the School of
Psychology.  I am pleased to enclose the requested information that we
have on this matter.  

1. Evidence the instructions given to academic and support staff in the
University's school of Psychology to apply the provisions of the Special
Education Needs Disability Act.

 

The University is fully aware of its obligations under the Special
Educational Needs and Disability Act 2001.  Information and guidance is
provided for all departments on the Disability Support Teams website. 
This includes a Disability guide, Disability Equality Scheme action plan
and Disability awareness training.  Relevant staff within the various
departments and schools also liaise with the Disability Support Team
within the University’s Student Administration & Support department. 
Documentary evidence is kept centrally and not specific to any particular
department or school.

   

2.   Evidence that those provisions were to be applied to all disabled
students in the School.

 

I am satisfied that the provisions of the Special Educational Needs and
Disability Act 2001 were complied with by the University and applied to
all applicable students within the University.  Please see our response
to question 1 regarding documentary evidence not being categorised into
schools or departments.

  

3.   Evidence the date on which those provisions became effective.

 

The University complied with the provisions of the Act from when they
became law in 2001.  Prior to this the University complied with the
provisions of the Disability Discrimination Act.

   

4. Evidence the date from which Final Examination arrangements in the
School of Psychology gave alternative or flexible examination dates to
students suffering from disability related conditions.

 

There is no specific date at which the University (including the School of
Psychology) adopted the policy of providing alternative or flexible
examination dates to students suffering from disability related
conditions.  Rather, the University deals with such matters on a case by
case basis ensuring it complies with its obligations under both the
Disability Discrimination Act and the Special Educational Needs and
Disability Act.  Dates for exams with alternative arrangements would be
the same as exam dates for those with standard exam arrangements.

   

5. Evidence the delegated limit of the Director of Student Services to
authorise legal services expenditure in September 2006 to spend circa
£18,500 defending a Small Claims Court case.

 

The Director of SAS did not have delegated authority to authorise
expenditure in defending the case brought by Mr Wildman in the Small
Claims Court.  The authority to incur the expenditure came from the Chief
Operating Officer who at that time controlled the University's budget for
legal expenses.  There is no written evidence of this since it was done
orally when the Academic Secretary (the Director of SAS's line manager)
discussed it with the Chief Operating Officer.

6. Evidence when the University introduced a Student Complaints system
which was compliant with the 2000 Quality Assurance Authority Code of
Practice especially in terms of:

    

Providing an opportunity for a complaint to be made in person

    

Providing for the Complainant to be accompanied by a representative of
their choice

    

Having complaints dealt with by people who did not have a material
interest in the disputed matter.

The University's Student Complaints Procedure provides for:

1.            Formal complaints submitted to the Registrar
(Chief Operating Officer) to be investigated by a person having no
material interest in the complaint.

2.            The investigator to have discretion to call a
hearing at which the complainant (accompanied by a friend or colleague if
they wish this) may state their case.  It does not provide for
complainants to have a right to a hearing.

The QAA Code of Practice (which provides guidance for institutions but
with which institutions are not required to 'comply') does not require
institutions to provide an opportunity for complainants to state their
case in person at a hearing.  It states 'Institutions may therefore find
it advisable, in the interests of fairness, to make provision for
hearings, in appropriate circumstances, in their complaints and appeals
procedures.'  The University's Student Complaints Procedure has such a
provision (see above).

   

If you are not satisfied with the University’s response to your request,
you may ask the University to review it.  If you wish to do this, please
write to Mr. Kevan Ryan, Director of Legal Services, The University of
Liverpool, The Foundation Building, 765 Brownlow Hill, Liverpool, L69 7ZX,
enclosing a copy of your original request and explaining your complaint. 
Please include an address for correspondence.

Yours sincerely

Lesley Jackson

Mrs. Lesley Jackson

Freedom of Information Co-ordinator

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Mrs Lesley Jackson

Freedom of Information

Co-ordinator

The Foundation Building
765 Brownlow Hill
Liverpool
L69 7ZX

     

F  0151 794 3272
E  [University of Liverpool request email]

[1]www.liv.ac.uk

                                                                                                                    

                                                                                                                    

                                                                                                                    

FOI/IR/LJ

14^th January 2010

Mr. John Wildman,

Via email to [2][FOI #23621 email]

Dear Mr. Wildman,

As requested, the University has conducted an internal investigation into
the handling of your freedom of information request in connection with the
Disability Discrimination Act.

As you are aware, compliance with legislation including the Disability
Discrimination Act is viewed very seriously by the University and guidance
is provided to all Faculties, Schools and Departments from the
University’s Disability Support Team.

I can find no evidence of non-compliance by the School of Psychology in
2002/3.  If, as you state, you have any evidence of non-compliance, I
would be grateful if you could provide me with copies so that I can look
into this matter further.

From the available information, I must conclude that the University
complied with the provisions of the Disability Discrimination Act and
other related legislation including the Special Education Needs Disability
Act from when the legislation came into force.

Yours sincerely,

Lesley Jackson

Mrs. Lesley Jackson

Freedom of Information Co-ordinator

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Dear Mr. Wildman,

As requested, I have carried out an internal review of the University’s handling of your Freedom of Information request in connection with the Disability Discrimination Act (DDA).

Whilst I do not dispute that the Department of Psychology Examination Handbook for 3rd year students in 2002/2003 states that “there are no-resit examinations for year 3 modules”, I do not accept that this demonstrates non-compliance with the provisions of the DDA.

I can assure you that compliance with legislation including the DDA is viewed very seriously by the University and the University is fully aware of its obligation to consider any reasonable adjustments in accordance with the provisions of the DDA.

Finally, I am satisfied that the University complied with the provisions of the DDA and other related legislation including the Special Education Needs Disability Act from when such legislation came into force.

Yours sincerely,

Mr Kevan Ryan
Director of Legal, Risk & Compliance
The University of Liverpool
The Foundation Building
765 Brownlow Hill
Liverpool L69 7ZX

Tel: 0151 794 2110
Fax: 0151 794 3272

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