Reasonable adjustments in university proceedings

The legal basis for reasonable adjustments

Universities in England and Wales are bound by the Equality Act 2010. Section 91 places a duty on the responsible body of a higher education institution not to discriminate against disabled students and to make reasonable adjustments. This duty is anticipatory and continuing, so it applies not only to teaching and assessment but also to the university’s internal processes, including complaints, academic appeals and disciplinary or academic misconduct proceedings.

The core of the duty is that where a provision, criterion or practice, or a physical feature, or the absence of an auxiliary aid, puts a disabled student at a substantial disadvantage compared with students who are not disabled, the university must take reasonable steps to avoid that disadvantage. In the context of a hearing or written procedure, the “practice” is the way the process is normally run, so the university should be prepared to adjust that process for you.

You are disabled for these purposes if you have a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. This includes many conditions that are not immediately obvious, such as anxiety, depression, autism, ADHD, dyslexia and other specific learning differences, chronic pain and fatigue conditions, and fluctuating conditions.

The Office of the Independent Adjudicator for Higher Education (OIA), which reviews unresolved student complaints, expects providers to explore proactively with a student what adjustments they may need, and not to keep demanding fresh evidence of a disability the university already knows about. That expectation is a useful lever when you ask for adjustments.

What counts as a reasonable adjustment

There is no fixed statutory list, because what is reasonable depends on your particular disability and the particular process. The point is to remove or reduce the disadvantage you would otherwise face. The kinds of adjustment students commonly request, and that universities frequently grant, include the following.

Adjustments to time and deadlines. Extra time to submit a complaint, appeal or written response; acceptance of a submission outside the normal time limit where your disability affected your ability to meet it; and postponement or rescheduling of a hearing if you are unwell or if your condition flares up.

Adjustments to the format of communication and evidence. Documents provided in an accessible format such as large print, coloured paper, plain English or an electronic format compatible with screen readers; permission to give your account in writing rather than orally, or to supplement oral answers in writing afterwards; and questions provided in advance so you can prepare and process them.

Adjustments to how a hearing is conducted. Regular breaks; a shorter hearing or one split across sessions; a quieter room or reduced number of people present; the option to attend remotely by video; having the panel ask one question at a time in clear, literal language, which is often important for autistic students or those with processing difficulties; and allowing you to have notes or prompts.

Support people. The right to be accompanied by a supporter, advocate, students’ union adviser or, where the university’s regulations allow, another representative; and, where relevant, a communication support worker, British Sign Language interpreter, or a support worker to help you manage the process.

Adjustments to evidence requirements. Not being required to re-prove a disability the university already has on record; and a sensible approach to the evidence you can realistically obtain, for example accepting existing medical or disability service records rather than insisting on a fresh assessment.

Wellbeing and welfare adjustments. Signposting to counselling or disability advisers, and, where your condition means you cannot engage safely, considering whether the process should pause temporarily.

The important limit: competence standards

There is a significant carve-out you should understand. The duty to make reasonable adjustments applies to any provision, criterion or practice other than a competence standard. A competence standard is an academic, medical or other standard applied to determine whether a person has a particular level of competence or ability. Universities cannot be required to lower a genuine academic standard.

In practice this matters for academic appeals. Adjustments to the appeal process itself, such as time, format and support, are covered by the duty. But you cannot use reasonable adjustments to demand a change to the marking standard or the classification threshold. The distinction is between adjusting the process and lowering the standard. If you believe your disability affected your performance in an assessment, the correct route is usually the university’s mitigating circumstances or extenuating circumstances procedure rather than an argument that the mark itself is a failure to adjust.

How to make the request effectively

1. Identify the disadvantage, not just the diagnosis. When you write to the university, explain in practical terms how your condition affects your ability to take part in the specific process, for example that anxiety means you cannot answer detailed questions orally under pressure, or that a fatigue condition means you cannot sustain a long single hearing. Linking the adjustment to a concrete disadvantage makes it much harder to refuse.

2. Make the request in writing and early. Ask before the deadline or hearing wherever possible. Set out the specific adjustments you want and why. Keep a copy of everything.

3. Point to the university’s own policies. Most institutions have a disability support service, a reasonable adjustments policy, and provisions within their complaints, appeals and disciplinary regulations dealing with support and adjustments. Refer to these and to the university’s duty under the Equality Act 2010. Your students’ union advice service can often help draft the request and attend with you.

4. Provide proportionate evidence. If the university does not already hold evidence of your disability, a letter from your GP, specialist, the disability service or a support plan is usually enough. You should not be asked to obtain excessive or repeated evidence for a disability already recorded.

5. Ask for a written decision. If an adjustment is refused, ask the university to explain in writing why it considers the adjustment is not reasonable. This creates a record and forces the university to justify its position, which is useful if you later escalate.

If adjustments are refused or not made

If the university refuses reasonable adjustments or fails to make them, and this affects the fairness of the outcome, you have several routes.

Internal escalation. Raise it through the complaint or appeal stages within the university, making clear that a failure to make reasonable adjustments is itself part of your complaint and may have caused procedural unfairness.

Office of the Independent Adjudicator. Once you have exhausted the internal process and received a Completion of Procedures letter, you can ask the OIA to review the complaint. The OIA looks at whether the university acted reasonably, followed its own procedures, and complied with its obligations towards disabled students, including exploring and making appropriate adjustments. The OIA is free to students and is the normal external route before considering court action. There is normally a twelve-month time limit to bring a complaint to the OIA after the Completion of Procedures letter.

County Court claim. A failure to make reasonable adjustments, or disability discrimination, in a higher education setting can also be pursued as a discrimination claim in the County Court under the Equality Act 2010, generally within six months of the act complained of. This is a more formal, costly and stressful route, and it is usually sensible to use the internal process and the OIA first, both because they are quicker and cheaper and because the OIA can recommend practical remedies. Court action and the OIA are not strictly alternatives, but you should think carefully about strategy and timing, and be aware of the separate and much shorter court time limit.

Points that depend on your circumstances

The strongest requests are tied tightly to how your particular disability disadvantages you in the particular process, so the answer will vary with your condition and with which process you are in. The disciplinary or academic misconduct context deserves particular care, because a fair hearing and reasonable adjustments interact: if your ability to explain yourself or to understand allegations is impaired, adjustments go directly to procedural fairness and any resulting sanction. If your case concerns an allegation of academic misconduct such as contract cheating or plagiarism, the disadvantage your disability causes to your ability to respond, and any link between your condition and the conduct alleged, may both be relevant and should be raised explicitly.

If you tell me which process you are facing, what your condition is and how it affects you, and what the university has said so far, I can help you frame a specific, well-evidenced request and anticipate the likely objections.