The special Educational Needs and Higher Education Solicitors within Sinclairslaw are delighted to learn that following an initiative funded by the EU alongside partners in five countries valuable guidance has been issued to Universities in how best to deliver support to a student with autism. The study found that knowledge on how best to support autistic students is inconsistent across Europe. Further support varies even within each country. Although some observe best practice models sadly many others fail. The autism and University project found that University life for many students with autism is particularly challenging. Its aim was to promote the sound practices adopted by the best Universities in order to encourage others to follow suit. Michael Charles Education Solicitor explained that many students with autism face problems associated with inability to pick up social cues as well as other factors. “Many face social isolation and struggle coping with background noise due to a sensory issue. This makes University life very daunting for some.” He said that knowledge indeed varies – “Some Universities provide excellent support mechanisms alongside a robust Equality Act policy. Others fail miserably, with a large number of students feeling disillusioned and many giving up altogether.” Yet Equality legislation was introduced to better protect those under a disability. However the ability to bring legal challenges against University decisions which might be said to have offended the Equality Act 2010, is often out of the reach of many students as the current system requires them to seek redress through a court system which often they can ill afford to use. The OIA and the Autistic Student The OIA is a body set up to resolve student complaints. It has a responsibility to address qualifying complaints by providing what is supposed to be a cost effective and speedy solution, as opposed to expecting students to use the courts. However according to Mr Charles it has it limitations – “Recent case law has established that it is not expected to give the kind of decisions that one can expect from a court of law. Whilst there is a case which might clarify the extent of the OIA duties which is presently before the court of appeal, it is plainly established that a student seeking a declaration that a University offended the Equality Act is a matter not generally treated as within its competence to address. The case of Maxwell, established that cases alleging breach of Equality should be placed before the court. This is despite the fact that many students may not be able to afford to do so and are often left without sufficient relief.” Legal aid and the Autistic Student Legal aid is generally not available to students seeking to use the OIA scheme. Yet, it is possible to seek legal aid to challenge a final decision of the OIA through public law routes. This often means that challenges against OIA decisions can be made in the High Court of Justice. Mr Charles added “All public bodies, Universities as well as the OIA are subject to the judicial review of the courts. This can often be an expensive exercise thus it is always best if you can use a solicitor who can, in the event of a case needing to go to court, offer legal aid to do so. Sinclairslaw are proud to hold a public law legal aid contract to permit this.” When looking to instruct a solicitor it is often important to instruct a firm that can ultimately offer legal aid – the benefit being that your case can remain within a single firm and the same lawyer if the matter needs to progress through the courts. The Special Needs and Higher Education law solicitors team are delighted that at last a guide has been published to provide “takeaways” and “calls to action”, accordingly affording insights and ideas to achieve positive aims. This coupled with the idea of promoting good practice and the sharing of information is according to Mr Charles “a step in the right direction for Universities”. The guidance acknowledges that autistic students who receive appropriate support in a timely manner, often “thrive in higher education” The guidance which is aimed to “help students make the most of their time studying and living at University” guide 2 and 3 "for professionals within HE institutions can be found here and here The special Educational Needs and Higher Education Law Solicitors team can be found at the Sinclairslaw Wales (Penarth and Cardiff), and London (Twickenham) offices. Call us today on 0208 891 4488