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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I need advice on a higher education matter and have no idea

Resolved Question:

I need advice on a higher education matter and have no idea whom to contact ?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
-Could you explain your situation a little more?

Customer: replied 2 years ago.

Hello i am currently preparing a second academic appeal to the Durham University Senate Appeals Committee against a decision of my faculty within the university requiring me to withdraw from the university. The basis of the decision is that i failed to comply with an Academic Progress Notice requiring me to meet coursework deadlines. My initial appeal was rejected on the basis that my medical evidence for not meeting the deadlines was not provided in a 'timely manner' despite being fully aware of the process. I strongly disagree with this, my application for medical evidence was made in time and the failure for it to arrive in time was not my fault.


In addition the university claim that i failed to take full advantage of support available to me by the University students with disabilities by cancelling appointments particularly during the Academic Progress Notice period. I strongly disagree with this my cancelled appointments were a result of illness and attempts to rearrangement appointments were not possible as the service was fully booked. In addition the university claim that agreed the requirements of the APN, which is true but i agreed without the full extent of the knowledge of my medical condition.


I need help to ensure i get the correct legal advice and to ensure that i cover all bases so that all required information is included in my appeal.

Expert:  UKSolicitorJA replied 2 years ago.
Noted, thank you.

If you have a specific legal query, please ask. I am an English Solicitor.

Customer: replied 2 years ago.

I believe the attempt to hold me accountable for the failure for the medical evidence to arrive prior to the end of the Notice period is incorrect as i applied for it before the end of the period and i requested i be supplied as a matter of urgency. Especially in light of the fact i followed university protocol.


secondly, i believe my rights were under the disabilities acts reasonable adjustments protocol were breached as i was denied the opportunity to work with study support tutors when i was unable to attend initial sessions due to illness. Furthermore, i believe my agreement to to the terms of the progress notice terms should not be binding in light of the fact that i had no idea how ill i was at the time and how long the illness would last for.


Do i have a case ? Is there an organisation i should contact to help write my appeals documents

Expert:  UKSolicitorJA replied 2 years ago.
Yes, it appears to me that you have a good case for challenging the decision asking you to withdraw from the University.

You may approach a specialist solicitor familiar with university and higher education issues generally such as Match Solicitors, see here

Obviously there will be a cost to you obtaining legal advice.

Can I help further?
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Just off the top of your head please could you please let me know what information i should collect from the university, services with disability and medical centre to ensure collect everything needed.


Also i plan to visit the citizen advice centre tomorrow. do you think this is a good idea, although i will contact match tomorrow

Expert:  UKSolicitorJA replied 2 years ago.
I doubt citizens advice will be able to assist you but there is no harm in speaking to them.

You need to collect as much evidence as possible to refute the university's grounds for asking you to withdraw e.g. The fact that medical evidence was submitted in time and outside your control that they received it late, evidence of your illness developing after you signed the terms of academic progress and any other evidence supporting your claim that you should be retained on human rights grounds if everything else fails.

This is a very specialist area and you need special legal advisors as not every solicitor practices this area of law.

Hope this helps and please take a second to rate this service.

I wish you all the best

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