Changing disability reasonable adjustments without consultation

Short answer

A university generally cannot lawfully remove, reduce or materially change your existing reasonable adjustments without a proper, evidence-based reason and, in almost all cases, without consulting you first. While the Equality Act 2010 does not contain a strict standalone rule that says “the student must always be consulted before any change,” the duty to make reasonable adjustments, the way that duty has to be discharged, and the university’s own published policies mean that removing or cutting adjustments unilaterally and without discussion will usually be legally vulnerable and often unlawful.

The legal framework

Under sections 91 and 20 and Schedule 13 of the Equality Act 2010, a university (the “responsible body” of a higher education institution in England and Wales) owes disabled students a duty to make reasonable adjustments. This duty is anticipatory and ongoing. It requires the university to take reasonable steps to avoid a disabled student being placed at a substantial disadvantage compared with non-disabled students because of a provision, criterion or practice, a physical feature, or the absence of an auxiliary aid.

Two features of this duty matter for your question. First, it is a continuing duty, not a one-off decision. The university must keep adjustments under review as your needs, the course requirements or the circumstances change. Second, the duty is owed to you personally as a disabled student, so the reasonableness of any change is judged by reference to your actual needs.

The Equality and Human Rights Commission technical guidance and the Office of the Independent Adjudicator (OIA) Good Practice Framework on supporting disabled students both make clear that adjustments should be decided on a case-by-case basis, that the provider should discuss possible adjustments with the individual student, keep an open mind, and keep a record of the decisions made and the reasons for them. Removing or reducing adjustments without any discussion runs directly against this expected good practice.

Can adjustments ever be changed?

Yes. Reasonable adjustments are not automatically fixed forever. A university may legitimately review and change them, for example where:

Your needs have changed, or updated medical or specialist evidence suggests a different level of support is appropriate.

The nature of the module, assessment or placement changes, so a previous adjustment no longer fits or a different adjustment is needed.

A particular adjustment turns out not to be workable in a specific context, provided a suitable alternative that removes the substantial disadvantage is put in place.

The adjustment relates to a genuine competence standard. The Equality Act does not require a university to lower or alter a genuine academic competence standard, although it must still consider whether the way that standard is assessed can be adjusted.

The key point is that a legitimate reason to review is different from a lawful process for making the change. Even where the university has a good reason to reconsider an adjustment, it should normally involve you, explain the reasoning, consider your evidence, and ensure that any replacement still removes the substantial disadvantage.

Why consultation matters

There is no absolute statutory sentence saying “consultation is mandatory,” but consultation is effectively built into how the duty operates and how a decision will be judged if challenged. If the university removes or reduces support without speaking to you, it will struggle to show that it properly assessed whether you would be placed at a substantial disadvantage, that it considered less disadvantageous alternatives, and that its decision was reasonable. A failure to consult also tends to breach the university’s own disability support and student support policies, which are contractually relevant to your relationship with the university.

There is an important distinction to draw before concluding the university has acted unlawfully. Not every change is a breach. If the university has simply substituted an equally effective adjustment, corrected an error, or responded to a genuine change in course structure, and it has a rational, evidenced basis for doing so, that may be lawful even if the communication was poor. The problem arises where the change leaves you at a substantial disadvantage, is not evidence-based, or was imposed with no opportunity for you to respond. It is worth identifying which of these actually happened in your case, because it changes both the legal analysis and the best remedy.

What facts would change the answer

To assess your situation properly, the following would matter:

What the adjustment was, how it was originally agreed (for example through a Student Support Plan, Disability Adviser assessment, or Disabled Students’ Allowance recommendation), and whether it is recorded in writing.

Exactly what has changed, when, and the reason the university has given.

Whether any replacement or alternative support has been offered.

Whether the affected element is teaching, assessment, or a genuine competence standard.

Whether there is current medical or specialist evidence, and whether the university relied on any new evidence to justify the change.

Whether the university followed its own published disability support and complaints policies.

Practical next steps

1. Gather your documents. Collect your Student Support Plan or equivalent, any DSA Needs Assessment report, emails agreeing the adjustments, and the communication announcing the change. Note dates.

2. Ask for reasons in writing. Politely ask the disability support service or your department to confirm in writing exactly what has changed, why, what evidence they relied on, and what alternative support they propose to ensure you are not placed at a substantial disadvantage. Reference your Student Support Plan and the reasonable adjustments duty.

3. Request a review meeting. Ask to be consulted before any change takes effect, and ask that existing adjustments remain in place pending the review, especially if assessments or deadlines are imminent.

4. Provide up-to-date evidence. If you have current medical or specialist evidence supporting the original adjustments, submit it and ask that it be taken into account.

5. Use the internal complaints procedure. If the matter is not resolved informally, submit a formal complaint through the university’s student complaints procedure, setting out the facts, the disadvantage caused, the failure to consult, and the outcome you want. Keep it factual and chronological.

6. Escalate to the OIA. Once you have a Completion of Procedures letter, you can bring a complaint to the Office of the Independent Adjudicator for Higher Education, which reviews whether the university acted fairly and in line with its own policies and good practice on supporting disabled students. This is free and far less stressful than court.

7. Court as a last resort. A disability discrimination claim under the Equality Act relating to higher education is brought in the County Court, generally within six months of the act complained of. This is more costly and stressful, so the internal route and the OIA are usually the sensible first options, but be conscious of that time limit running in the background if you might ever litigate.

Bottom line

The university can review adjustments over time and can change them where there is a genuine, evidenced reason, but it should not remove or reduce your existing adjustments unilaterally, without consulting you, without a proper reason, or in a way that leaves you at a substantial disadvantage. If it has done so, ask for written reasons, invoke your Student Support Plan and the reasonable adjustments duty, use the internal complaints process, and escalate to the OIA if needed.

If you tell me what the adjustment was, how it was originally agreed, and the reason the university has given for changing it, I can give you a more specific view on whether this looks like a lawful review or an unlawful reduction, and how to frame your challenge.