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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have applied to do a counselling course and my application

Resolved Question:

I have applied to do a counselling course and my application has been denied based on my substance misuse history and criminal history ( last offence 2001 ) and been in recovery now for nearly 5 years - I am writing a complaint about this - Can they just refuse to put my application forward based on my past history ??
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Customer:

hello

Customer:

you there ??

Ben Jones :

Unfortunately it is not unlawful for someone to refuse to offer you a course because of your past criminal or substance misuse history. You may feel it is morally wrong, which I would agree with, but it is certainly not unlawful. The course provider has the right to choose who they provide their courses to and they can make that decision based on a wide range of factors. As long as they are not discriminating in the process, such as denying you the opportunity to take the course due to your race, gender, age, religion, etc then their decision would not be unlawful. Substance misuse and criminal past are not discriminatory reasons and as such can be used to make a decision on whether to offer you the opportunity to take the course or not. Unfortunately moral rights have nothing to do with legal rights and it is the legal rights that would prevail

Customer:

Oh okay .. was hoping that it would be a valid reason and considering they have not even met me I just think its terrible when a counselling course it meant to be all about being honest and transparent - I did not even have to give them the information but thought honesty would be the best policy .. never mind :(

Ben Jones :

No I am afraid there are limited reasons that would make their decision discriminatory, that would usually include the factors I mentioned above - age, gender, race, religion, disability, pregnancy, sexual orientation, marriage. But it does not include the ones they have relied on here unfortunately

Customer:

Okay well thanks for letting me know will still make my feelings known anyway and will move on from there and perhaps keep that information to myself from now on - which is what they are encouraging is dishonesty - does not make sense but thanks anyway

Ben Jones :

You have nothing to lose by trying to appeal their decision and letting them know how you feel about it.

Customer:

Okay I will do and thanks for your help -

Ben Jones :

You are most welcome, all the best

Customer:

Thanks

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