Stamp Out Disability Discrimination at UK Universities

by David Gale

Stamp Out Disability Discrimination at UK Universities

by David Gale
David Gale
Case Owner
I've been studying law to help Kids for Cash UK, a voluntary organisation that I founded in 2012, which has a successful track record of investigating organised child abuse and miscarriages of justice
Closed
on 24th May 2019
£60
pledged of £5,000 target from 5 pledges
David Gale
Case Owner
I've been studying law to help Kids for Cash UK, a voluntary organisation that I founded in 2012, which has a successful track record of investigating organised child abuse and miscarriages of justice

Latest: May 24, 2019

Campaign filtered and blocked on social media

Thank you to the small number of you who had visibility of my campaign through social media and were able to make a pledge. Having missed the target, your pledges will not be collected.

An investigati…

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Disability Discrimination

  • The University of Derby stated that it could not and would not make reasonable adjustments for a disabled law student.

  • Despite finding significant flaws in the University of Derby's complaints procedures, the UK universities' complaints regulator has stated that it cannot make a ruling on disability discrimination cases.

The University of Derby has said that it could not make reasonable adjustments for my dyslexia-related memory recall disability, despite my having been one of the top performing students in all practical assessments on my law degree course. In essence, it has said, "You're too disabled to study law at the University of Derby and you complained, so we don't want you back".

Previous discussions were based on claims by the University of Derby that the Solicitors Regulation Authority mandated closed-book exams for a qualifying law degree. That statement has since been evidenced as entirely false but the University will still not allow me to complete my degree.

I also suffered verbal abuse related to my disability from a lecturer in front of a full lecture theatre. The lecturer has refused to apologise. A senior academic within the University has denounced dyslexia as a disability, claiming that it is used by students to obtain favourable treatment in exams.

"The aim is not just to resolve my own case but to send a clear message to universities that the Equality Act applies to everyone."

The universities' complaints regulator, the OIA, has stated that the University of Derby's complaints process was severely flawed but that the OIA cannot rule on disability discrimination cases. Because I'm not an employee, I cannot take the case to Tribunal. I know of many other students who have suffered similar discrimination. The Guardian newspaper has recently reported a culture of bullying and intimidation of students and staff at UK universities. A judge has stated that university student discrimination cases appear to be falling into a legal black hole.

As things stand, universities are only too aware that, if they abuse their own complaints procedures, they are unlikely to be held to account for disability discrimination unless a student can finance an expensive civil court case.

The aim is not just to resolve my own case but to send a clear message to universities that the Equality Act applies to everyone. To that end, I am in communication with the Solicitors Regulation Authority (the SRA regulates qualifying law degrees), the Equality & Human Rights Commission, the Office for Students, Universities UK, and the Minister of State. So far, it appears that 'maintaining public confidence in UK universities' is driving an agenda that seeks to bury the truth of a glaring regulatory chasm in the protection of students from disability discrimination by their universities by having these cases struck-out before they get to trial.

Since my complaint and following its discussions with the SRA, the University of Derby's Law School has changed its assessment methodologies in a way that completely mitigates any problems caused by my disability. However, the University is unrepentant and has recently stated that, because of the potential negative publicity from a CrowdJustice campaign, I must agree a lifetime ban from study at the University of Derby.

"This is an important 'public interest' test case which could set a legal precedent on important points of law about disability discrimination and the duties owed to students by universities."

Everything that I’ve worked for in my professional and voluntary activity is at stake in this case, including my home, but I refuse to bow down to unlawful conduct by a university. My initial funding request is to secure a case review by specialist law firm Leigh Day, as well as funding for further testing being insisted upon by the University that now appears to be disputing a previously confirmed diagnosis of dyslexia by its own qualified psychologist. The Court has stated that if I cannot pay half of the new, very expensive testing fees, my case will be struck-out.

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Update 2

David Gale

May 24, 2019

Campaign filtered and blocked on social media

Thank you to the small number of you who had visibility of my campaign through social media and were able to make a pledge. Having missed the target, your pledges will not be collected.

An investigation of web stats has shown that both Twitter and Facebook were involved in heavily filtering posts, comments, and sharing of my campaign.

I have a long-established social media presence and was therefore able to make direct comparisons with other previous and current comparable posts. Facebook, in particular, was very active in filtering (99%) my campaign posts, whilst simultaneously trying to force me down the route of its own donations app... that can't handle court cases.

I've not given up. This week's news includes my now having evidenced that the DfE have incorrectly advised the Minister of State for Universities (etc) in stating that the university complaints regulator (OIA) can make recommendations on disability discrimination complaints to universities. The OIA told me in writing in July 2018 that it cannot. That leaves a gaping chasm in regulatory provision that allows universities to discriminate against students without fear of redress by any means other than an expensive civil court claim.

The Equality & Human Rights Commission has stated that it has no means of measuring the volume of disability discrimination complaints by students against universities. Recent reports in the mainstream media suggest that it's in the thousands per year...

You can contact me via Twitter @DavidGaleUK

Update 1

David Gale

May 17, 2019

New evidence on the scale of discrimination by UK universities

I knew that there was volume to the discrimination and gagging orders by UK universities but never in my wildest nightmares did I believe that it could be on this scale:

 The Guardian newspaper (April 2019): "4,000 settlements to a value of £90 million being made by universities with non-disclosure agreements (NDAs) attached since 2017, that include allegations of bullying, discrimination and sexual misconduct."

The Equality and Human Rights Commission claim not to have any means of monitoring universities. If a newspaper can use FOI requests, why won't the EHRC use its statutory authority? Someone is trying very hard to keep this scandal under wraps.

The new evidence makes it all the more important that my case has its day in court.

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