Reasonable Adjustments and Special Considerations Policy

Estimated reading time: 56 minutes

Aims and Objectives of the Policy

Forest Skills Ltd t/a Chris Garland Training (hereinafter known as “the Company”), has a duty under the Equality Act 2010 to make reasonable adjustments for disabled learners & their associates, to ensure they are not discriminated against.

The Company aim to facilitate open and fair access to our training for learners who are eligible for reasonable adjustments and/or special considerations, without compromising the assessment of skills, knowledge, understanding, or competence being measured. The way that the Company achieve this is described in this policy document.

Definitions

Disabled

“You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.”

[See: https://www.gov.uk/definition-of-disability-under-equality-act-2010]

The Equality Act 2010 uses three terms that the Company policy may reference. These are;

• “Substantial”: This is defined as being “more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed”
• “Long-term”: This is defined as meaning “12 months or more, eg a breathing condition that develops as a result of a lung infection”
• “Progressive conditions”: These are defined as “one that gets worse over time.”

[See: https://www.gov.uk/definition-of-disability-under-equality-act-2010]

Special Education Needs

“A candidate has ‘special educational needs’ as defined in the SEND code of practice: 0 to 25 years.

Children have special educational needs if they have a learning difficulty or disability which calls for special educational provision to be made for them.

The Equality Act 2010 definition of disability includes substantial and long-term sensory impairments such as those affecting sight or hearing, mental health difficulties and long-term health conditions such as asthma, diabetes, epilepsy and cancer. Children and young people with such conditions do not necessarily have SEN, but there is a significant overlap between disabled children and young people and those with SEN.”

[See: Section 1.4 https://www.jcq.org.uk/wp-content/uploads/2023/09/AA_regs_Revision_One_Sep23_FINAL.pdf]

Reasonable Adjustments

As per the Joint Council for Qualifications website statement;

“A reasonable adjustment for a particular person may be unique to that individual and may not be included in the list of available Access Arrangements.

How reasonable the adjustment is will depend on a number of factors including the needs of the disabled candidate/learner. An adjustment may not be considered reasonable if it involves unreasonable costs, time frames or affects the security or integrity of the assessment.

There is no duty […] to make any adjustment to the assessment objectives being tested in an assessment.”

[See: https://www.jcq.org.uk/exams-office/access-arrangements-and-special-consideration]

Reasonable adjustments help to reduce the effect of an impairment/disability that places the learner at a substantial disadvantage. Any reasonable adjustments must not affect the quality and reliability of the learning outcomes, but may include;

• Ensuring any online learning is more accessible (such as ability to adjust display settings and providing advice/guidance on speech technology).
• Providing assistance during an assessment of learning.
• Adapting materials or providing it on coloured paper.
• Re-organising the physical assessment/learning environment.
• Use of mechanical and electronic aids.
• Use of assistive software.
• Use of video sub-titles & live transcription.
• Use of low vision aids.
• British Sign Language.

Timescales – Reasonable Adjustments

The Company will consider requests for reasonable adjustments, however;

1. The request for any reasonable adjustments that may be needed to reduce the effect of an impairment/disability which places the learner at a substantial disadvantage must be made before or at time of booking.
2. Any requests for reasonable adjustments must not:
   • Give the learner an advantage over other learners undertaking the same or similar training.
   • Affect the quality or reliability of the learning.
   • Influence or compromise the final outcome of the assessment of learning.
3. Reasonable adjustments may not be applied to training:
   • That will provide a “licence to practice”.
   • Where the learner needs to demonstrate a practical competence.
4. Any assessment of work following the application of a reasonable adjustment will be carried out in the same way as work from other learners.

Will they be granted?

It is important to note that not all requests for reasonable adjustments may be granted if they are not deemed reasonable, permissible, or practical in certain situations. An adjustment may not be considered reasonable if it involves unreasonable costs, time frames or affects the security or integrity of the assessment. The learner may not need, nor be allowed, the same adjustments for all learning.

Special Considerations

“Special consideration is given to a candidate who has temporarily experienced illness, injury or some other event outside of their control at the time of the assessment. It is applied when the issue or event has had, or is reasonably likely to have had, a material effect on a candidate’s ability to take an assessment or demonstrate his or her normal level of attainment in an assessment.”

[See: https://www.jcq.org.uk/wp-content/uploads/2023/08/Guide_to_spec_con_process_2023_24_FINAL.pdf]

Examples of circumstances where special consideration may be given are;

• Terminal illness of the learner.
• Recent bereavement of a member of the immediate family.
• Serious of disruptive domestic crises leading to acute anxiety about the family.
• Incapacitating illness or injury of the learner.
• Severe car accident.
• Outbreak of infection where learners are in isolation.
• Lost or damaged work beyond the control of the learner.

Timescales – Special Considerations

Requests for special consideration must;

• Be made during or within 24 hours of the training/assessment by email to [email protected].
• Be made on case-by-case basis with separate applications being made for each learner.

Will they be granted?

Requests for special considerations will only be approved if they do not;

• Affect the quality and reliability of the learning.
• Provide an unfair advantage to other learners.
• Influence or compromise the outcome of the assessment of learning.

Special consideration will not be granted:

• Where training/assessment provides a “licence to practice”.
• Where the learner needs to demonstrate a practical competence.
• Where the learner was not affected by a particular condition at the time of assessment.
• Where part or all of the training/assessment is missed due to personal arrangements, including holidays or unauthorised absence.
• For minor illness (e.g. common cold).
• For difficulties such as disturbances through building work, lack of proper facilities, changes in or shortages of staff or industrial disputes.
• Where learner achievement has been acknowledged and certified.

Making a request for Reasonable Adjustment or Special Consideration

Before making your booking, you can contact us to discuss making a request for reasonable adjustment. Please do so by emailing us at [email protected]. Not requesting a reasonable adjustment prior to making your booking will invalidate any subsequent requests for reasonable adjustments to be made in your learning and assessment.

Requests for special considerations must be made during or within 24 hours of the training/assessment by email to [email protected].

Determination

The Company’s decision on requests for special considerations will vary from learner to learner and one subject to another. The factors may include the severity of the consideration, date of assessment and the nature of the assessment such as practical or oral presentation. The Company’s decision in this is final.