With nearly one in five undergraduates now reporting a disability and persistent gaps in student satisfaction scores, universities face mounting pressure to provide effective reasonable adjustments.
But navigating the boundary between reasonable and unreasonable adjustments remains a significant challenge in higher education law.
The legal framework
The Equality Act 2010 requires universities to make reasonable adjustments that remove substantial disadvantages for disabled students.
However, adjustments that are highly impractical, prohibitively expensive or compromise essential competence standards are not considered reasonable. The difficulty lies in applying these principles consistently whilst responding to individual circumstances.
What recent data reveals
Recent Office for Students research paints a concerning picture. Only 38% of disabled students who declared their disability reported having the support and adjustments needed to access their studies on equal terms with peers.
More troubling still, 43% of adjustment applications were fully or partially rejected, yet 78 per cent of those students were given no explanation for the decision.
This data gap matters: disabled students are significantly overrepresented in Office of the Independent Adjudicator complaints - over 40% in 2024 - with higher uphold rates than non-disabled students. Poor adjustment decisions carry real consequences.
Where to draw the line
Competence standards
These remain sacrosanct. Universities must ensure teaching and assessments remain accessible whilst maintaining rigour and credibility. A robust identification of competence standards – particularly for professionally accredited programmes – provides clear justification for refusing adjustments that would compromise essential learning outcomes.
For example, a medical degree cannot waive clinical examination skills and a music performance degree cannot remove performance requirements.
Proportionality
Consider the burden versus the benefit. One-to-one support sessions may be reasonable; hiring permanent additional staff for a single student typically is not. However, cost alone rarely justifies refusal – universities must demonstrate genuine disproportionality.
Whole-institution approach
Moving away from one-size-fits-all policies towards personalised discussions about barriers to learning is essential. This requires accountability set at senior level and staff training across all departments, not just disability services.
Evidence requirements
Consider tiered approaches: standard adjustments (extensions, alternative formats) requiring no medical evidence, with documentation requested only where implementing adjustments involves significant cost or operational complexity.
Practical steps for managing boundaries
- Document everything: Record why adjustments were refused, what alternatives were considered, and the evidence underpinning decisions.
- Explain decisions clearly: Never leave students without explanation for rejections.
- Engage early: Late requests limit what is achievable, but timing shouldn't automatically justify refusal.
- Train decision-makers: Ensure staff understand both obligations and permissible boundaries.
- Review regularly: Policies should evolve with case law and sector guidance.
The bottom line
Getting adjustment decisions wrong risks discrimination claims, regulatory criticism, and reputational damage. But making genuinely unreasonable adjustments can compromise academic integrity and create unsustainable precedents.
Transparent, well-documented decision-making that balances legal obligations with operational realities. For expert advice on navigating complex adjustment decisions and student disputes, or to discuss disability support training workshops for your staff, please get in touch with our student matters in higher education team.
Contact
You may be interested in...
High Court ruling on weekend courses and student loans: Legal comment
OfS launches free speech complaints scheme ahead of 1 September opening: Legal comment
New report on international students economic value to UK economy: Higher education legal comment
Student and staff board members: Parity of duty, not representation
The new EHRC Code of Practice: What universities should do now
Pause to go faster: What a vice-chancellor learned about leading when you can't fix it
High Court overturns Office for Students’ £585,000 fine against University of Sussex: Legal comment
The next UCL student claims: COVID-19 litigation for universities
Academic freedom of speech in universities: New complaints process
The OIA’s 2026 operating plan: What universities need to know
Kent meningitis outbreak: Comment from higher education lawyer
Student Group Claim legal action against universities during COVID-19 lockdowns: Legal comment
University of Sussex judicial review into OfS freedom of speech decision: Legal comment
OIA consultation: Harassment and sexual misconduct university guide
Reasonable adjustments for disabled students: Universities guide
Key lessons for higher education from local authority mergers
New higher education harassment and sexual misconduct condition
Be Connected, higher education: Spring 2025
Browne Jacobson bolsters education team with hires across key specialisms
Charities and freedom of expression
Legal representation in student procedures: A contractual right?
Browne Jacobson comments on the government's announcement of tuition fee rises
Working together to support student wellbeing
The future of university regulation
Improving support for disabled higher education students
Students claim contract breach for university disruption
Student suicide and universities’ duty of care
Freedom of Speech – how to prepare for the new statutory duties
Regulating harassment and sexual misconduct in higher education
be connected newsletter for higher education - May 2022
In this edition we provide you with the latest in legal updates, news and insight from the higher education sector.
Harassment and sexual misconduct in Higher Education
Cases involving the handling allegations of harassment and sexual misconduct by Universities continues to hit the news. They are clearly difficult issues for Universities given the competing duties owed to both the reporting individual and the alleged perpetrator and the inevitable sensitivities around the nature of these matters.
be connected newsletter for higher education - February 2022
In this edition we provide you with the latest in legal updates, news and insight from the higher education sector.