DEMOS Project - Module: SENDA

Other important issues in the Act

The DDA Part 4 offers additional protection which you need to be aware of.

What is Victimisation and can I be victimised?

Victimisation

Victimisation happens whether or not a person is disabled as it occurs when someone is discriminated against (treated less favourably) because they have:

brought proceedings under the Act (even if these are later withdrawn).
given evidence in any proceedings brought under the Act.
alleged someone has contravened the act (even if these allegations are later dropped) unless these allegations were not made in good faith.
done anything else under the Act.
intended to do any of the above.

Example

A non-disabled student acts as a witness in a complaint by a disabled student against a tutor. The tutor then refuses to mark the non-disabled student's work. This is likely to be victimisation.

Am I right in thinking we no longer have to produce disability statements?

Disability statements

The Act has removed the requirement for institutions to produce a disability statement outlining their provisions for disabled students. It may, however, be a reasonable anticipatory duty for an institution to provide information for disabled students about its provision.

Does the Act take precedence over other legislation?

General precedence

Nothing in the Act takes precedence over other legislation or any other statutory duties which responsible bodies may have. This includes the Data Protection Act (1998), Human Rights Act (1998), Race Relations Act (1976) and Amendment (2000), Sex Discrimination Act (1975), Health & Safety at Work Act (1974), The Fire Precautions Act (1971), etc.

Can I ask a student to sign an agreement negating our responsibility for reasonable adjustments?

Any term of agreement which requires a disabled student to do something that would be unlawful under the Act, limit the operation of the Act or prevent someone from making a claim under the Act is not legally binding.

Example

If you ask a disabled student to sign a disclaimer saying that the institution is not responsible for making adjustments to a field trip because of their disability, this disclaimer will not be legally binding.

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