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68 | OPINION: LEGAL ADVICE | F INANCE AND MARKETS


O


n 7 April 2014, just before the Easter break, David Willets, the now former Minister for


Universities and Science announced, what can only be described as controversial measures to 'modernise' the Disabled Students' Allowances (DSAs), which are available to higher education students from England. DSAs are non-means tested, non-


repayable grants that assist with the additional costs that a disabled student incurs in relation to their study in higher education. This currently includes the purchase of laptops and specialist equipment, provision of support workers and assistance with additional travel costs. In making the announcement the


government claims that it is expected that as the current DSA scheme has been in place since 1990 without review, and the expenditure on full-time undergraduates has increased from £88m in 2009/10 to £125m in 2011/12, the level of growth is unsustainable and that it is time to rebalance the support between DSAs and the Equality Act 2010 duty placed on higher education institutions (HEIs) to make 'reasonable adjustments' for their disabled students. However, by seeking to adopt the Equality Act 2010 definition of disability found in S.6(1) of the Act there is concern that many students, particularly those with specific learning difficulties and dyslexia, will be excluded from a 'modernised' system which will target DSAs at those with the greatest needs. The Minister has stated that the


government is looking to HEIs to play their role in supporting students with mild difficulties as part of the anticipatory reasonable adjustments duty, and expect HEIs to introduce changes which will reduce further reliance on DSAs and help mainstream support. It is anticipated that in order to make


the proposed changes for the academic year 2015/16 there will need to be both new guidance and regulations, together with the undertaking of an Equality Impact Assessment (EIA) which pays due regard to the provisions of S.149 of the Equality Act 2010, the public sector equality duty, particularly the maters set out in subsection (3) of the section namely the need to:- (a) remove or minimise disadvantages


suffered by persons who share a relevant protected characteristic that are connected to that characteristic; (b) take steps to meet the needs of persons who share a relevant protected


Modernisation of Disabled Student Allowance?


characteristic that are different from the needs of persons who do not share it; (c) encourage persons who share a


relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low. It is acknowledged by David Willets


that there is ongoing consultation – "it is a genuine consultation". On 2 July he also said "we will fund non-medical help that would not be a reasonable adjustment for higher education institutions to make". Contributions will be made to the cost


of higher-cost, higher-specification computers in circumstances if they are required purely because of the student's disability. The government appears to take the view


that as everyone has ready access to what it terms as 'standard computers' which are now able to use the more complex assistive technology, continuing to fund 'standard computers' would therefore no longer represent value for money.


Should HEIs be concerned? In making 'reasonable adjustments'


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