Student Disability and Inclusion Policy

1. Introduction

The University of Southampton is committed to creating and sustaining a positive and supportive working environment for our staff, and an excellent teaching and learning experience for our students. We aspire that staff are equally valued and respected, and students are encouraged to thrive academically. As a provider of employment and education, we value the diversity of our staff and students. We are committed to providing a fair, equitable and mutually supportive learning and working environment for our students and staff. 

This policy sets out our commitment to supporting the needs of individual disabled students through individual reasonable adjustments within the context of the Equality Act 2010. The policy makes clear the framework for our approach and details the supporting policy and guidance documentation which provide the foundation for consistent support.

1.1 Scope

The contents of this policy applies to all Undergraduates, Post Graduate Taught, Post Graduate Research, Home and International students. 

1.2 Related documents

This policy should be read in conjunction with other University of Southampton documents: 

• The University’s broad approach to Diversity, Equality and Inclusion
• The University’s Strategic Plan 2020 – 2025 Equality Diversity and Inclusion
• Equality and Diversity Strategic Plan
• Inclusion and Respectful Behaviour Policy
• Fitness to Practice Policy
• Regulations Governing Wellbeing and Fitness to Study Disability Statement
• Additional Exam Recommendations policy 

2. Legislation

2.1 Equality Act 2010 

The Equality Act 2010 (“the Act”) consolidated and streamlined previous anti-discrimination legislation. 

It introduced measures that have direct implications for colleges and higher education institutions (HEIs).

Section 91 (1 and (2) of the Act prohibits the responsible body of an institution (in the University’s case this is Council) from discriminating against a person in the following ways:

• in the arrangements it makes for deciding who is offered admission as a student
• in the terms on which it offers to admit the person as a student
• by not admitting the person as a student
• in the way it provides education for the student
• in the way it affords the student access to a benefit, facility or service
• by not providing education for the student
• by not affording the student access to a benefit, facility or service
• by excluding the student
• by subjecting the student to any other detriment

The Act also makes it unlawful for institutions to victimise or harass students or prospective students. Although Council is the ultimate responsible body, adherence to the Equality Act lies across all Faculty and Professional Services staff in our implementation of duties, and delivery of services to students. Subsection 91(3), which applies only in regards to disability discrimination, requires that an institution does not discriminate against a disabled person nor victimise a disabled person through either:

• the arrangements it makes for deciding upon whom to confer a qualification
• the terms on which it is prepared to confer a qualification on the person
• by not conferring a qualification on the person
• by withdrawing a qualification from the person or varying the terms on which the person holds it

The University must ensure that it does not harass students, applicants or disabled persons who hold or have applied for a qualification from the University.  

The University must also not victimise a person: in the arrangements it makes for deciding who is offered admission as a student; the terms on which it offers to admit students or by not admitting a student; in the way it provides education for the student; in the way it affords the student access to a benefit, facility or service; by not providing education for the student; by not affording the student access to a benefit, facility or service; by excluding the student or by subjecting the student to any other detriment.

As student associations and unions provide a wide range of services to staff and students they are considered as service providers under the Act.

The University is also under a duty to make reasonable adjustments which means that (a) where a provision, criterion or practice puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, the University must take such steps as it is reasonable to have to take to avoid the disadvantage; (b) where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, the University must take such steps as it is reasonable to have to take to avoid the disadvantage and (c) where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid. These provisions do not apply to the other protected characteristics and are unique to disability. Section 20-22 and the relevant schedule of the Act apply to the duty to make reasonable adjustments.

2.2 Definition of Disability 

Disability is defined in the Act as a physical or mental impairment and that impairment has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. 

Long term means an impairment that has lasted for at least 12 months, or it is likely to last at least 12 months, or it is likely to last for the rest of the person’s life. If an impairment stops having a substantial adverse effect on a person’s ability to carry out normal day -to day activities, it is treated as continuing to have that effect if the effect is likely to recur ; this may be particularly relevant for people with fluctuating and/or recurring impairments. There are many kinds of disability, some more widely understood and visible than others. Many people may have a disability or long-term health condition that is covered by the Act without realising it.

3. University Policy

3.1 Key aims and principles 

In accordance with its Equality and Diversity Strategic Plan, the University is committed to facilitating access to students who have support needs by reasons of disability or any another protected characteristic as defined by the Act. The University is also committed to a positive student experience by creating an inclusive environment for learning. The University complies with its anticipatory duty under the Act by considering via our Student Disability and Inclusion Service , what adjustments we ought to make to matters affecting all students, prior to becoming aware of a specific student’s disability and at all stages of the student life cycle.

3.2 Our commitment to disabled students

Many disabled students will be self-sufficient at managing their own needs and may never seek support from the University and reporting a disability to us is not required before we make reasonable adjustments. We understand that reporting a disability to the University is a personal matter of which it is an individual’s choice if and when they choose to do so. 

What the University knew, or should have known, about a student’s disability, is relevant to what steps we should have taken and how reasonable those steps were. 'Reasonable' means in all the circumstances of the case and can take into account the University’s actual level of knowledge. So, whilst reporting a disability is not mandatory, if a disability is reported to the University’s Disability and Inclusion Service, this would allow the opportunity for us to directly implement appropriate support specific to an individual’s disability. Student-facing staff cannot just pass on the duty to consider reasonable adjustments to the Disability and Inclusion Service but must consider what steps they should take in a timely way, to ensure the student is not disadvantaged because of their disability so these staff should contact Disability and Inclusion Service for advice but should not wait before they consider this for themselves

Generally ‘appropriate support’ could include, as an example and where appropriate: 

• alternative/additional exam arrangements (AERs);
• provision of lecture notes in advance;
• assistive technology;
• accommodation adaptations;
• consideration of alternative forms of assessment;
• assistance with accessing external resources such as the Disabled Students’ Allowance.

View disability support information. 

3.3 Policy with respect to Prospective Students

For the same reasons we have mentioned above, applicants who apply to the University are encouraged to report any disability they may have through the application system related to their course. This is to enable the University to more quickly identify any student whose needs indicate that significant adjustments are required which may require significant additional support, or physical adjustments to the environment. If a student reports a disability on their application, a notification is sent to the University’s Disability and Inclusion team. Once received, a member of the team will reach out to the prospective student with a health questionnaire and offer of support. 

Support offered to speculative enquirers, prospective and applicant students is as follows:

• General enquiries about support available – via phone, web-based information, email enquiry;
• Appointment with a specialist practitioner for students with complex needs; 

3.4 Policy with respect to New and Current Students

To ensure the smooth arrival for new students, the following Transition support is available through the Student Disability and Inclusion team:

• Pre-arrival Student Support Appointments to ensure that support is in place prior to the start of term
• Pre-arrival presentations and demonstrations of support available;
• Enhanced Transition activities, for example bespoke campus tours , early bird ‘quiet’ access to big events, specialist workshops support taster sessions and disabled student networking events.

All current students engaging with the Disability and Inclusion Service are offered the following support:

• An individual Student Support Appointment (SSA) with a specialist practitioner;
• An individual Student Support Recommendations (SSR) document setting out details of the student’s disability and its impact on their studies and daily life, setting out recommended reasonable adjustments relating to their studies, including assessments as set out in the section Additional Exam Recommendations. The SSR is shared with relevant stakeholders on a need to know basis, in order that all areas can implement their responsibilities under the Act.
• Specific support offered through the University as may be recommended in the SSR
• Advice, guidance and support in applying for Disabled Student Allowances (DSA)
• Ongoing access to support offered by the Disability and Inclusion Service
• Review appointments (as appropriate) with a specialist support practitioner

It is the responsibility of all Faculties and Professional Services supporting the student to implement the recommendations from the SSR. If the Faculty considers that an SSR is highly impractical, prohibitively expensive or an adjustment to a competence standard then they must discuss this urgently with the Disability and Inclusion Service in the first instance.

The University may require a satisfactory occupational health assessment for admission to certain programmes, particularly those linked to professional or regulated practice. Outcomes, including any necessary adjustments, are handled confidentially and in line with University procedures. For full details, refer to the University of Southampton Student Recruitment, Selection and Admissions Policy.

3.4.1. Access to External Support

If students require equipment for their own use, those eligible may be able to obtain funding by applying for the Disabled Students’ Allowance (DSA). This allowance, which is not means tested, may also pay for non-medical helpers and any one-to-one study skills and mentoring that may be needed. Students who are not eligible for Disabled Students’ Allowance may still be disabled under the Act and our duty to make reasonable adjustments for example where a student does not have a confirmed diagnosis of a disability continues to apply. Many reasonable adjustments have little or no cost implications.

Students who are eligible for the Disabled Student Allowance are encouraged to apply as early as possible and can be supported in the application process by the Disability and Inclusion service.

International students who are unable/ineligible to obtain DSA funding should seek a Student Support appointment with the Disability Support and Inclusion Service in the usual way. An equivalence of support which is funded by the University of Southampton may be provided to the students in the form of: 

• A funded needs assessment by an approved provider (administered by the Student Disability and Inclusion Team)
• Funded support as recommended through the Needs Assessment Report
• Any student who is ineligible for DSA funding may be provided with equipment from the University on a loan basis. The equipment remains the property of the University and must be returned at the end of the course.

3.4.2 Supporting information

We have explained above how we anticipate what reasonable adjustments to put in place generally for students who have a disability, as defined the Act. This duty does not depend on the University’s actual or constructive knowledge of a particular student’s disability and its effects on that student but what we know or anticipate, or ought to know or anticipate, is relevant in considering whether we have complied with our duty. Students do not need to have a formal diagnosis of a disability for the University to have a duty to make reasonable adjustments and where a student has a severe or urgent condition, reasonable adjustments may be made without a diagnosis or medical or expert evidence. Student-facing staff should speak to the Disability and Inclusion Service. 

The ways in which the University might become aware of a particular student’s disability may include (but are not limited to):

• Students reporting a disability;
• Students providing supporting information such as a medical letter;
• Where it is apparent from the student themselves through their behaviour or knowledge;
• A holistic review by professionals indicates a disability.

The University has a detailed Additional Exam Recommendations (AERs) policy regarding exam arrangements and support. 

3.4.3 Ongoing support

The University understands that students may report a disability or condition but also indicate that they have no requirements specific to them over and above what the University has already anticipated for similar disabilities. The University also understands that situations do change and if this happens, the student should get in touch with the Student Hub as soon as possible for advice and guidance. If a condition is temporary or may be fluctuating, the Disability and Inclusion team may request further information to ensure any reasonable adjustments made continue to be appropriate and sufficient. 

4. Confidentiality

In order to provide effective disability support, sharing of student support arrangements is made to key staff on a need to know basis by way of appropriate reports (e.g. SSRs). A student’s Banner record may have a disability code via their reporting at UCAS application stage, or alternatively held in the DSA section of Banner once their DSA allowance is in place.

All personal information reported by students in their application or registration forms is treated as confidential to the University. Sensitive information disclosed by the student on their application becomes part of the electronic student record and is processed in accordance with our Data Protection Policy.