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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My daughter has Type 1 diabetes and is studying law conversion

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My daughter has Type 1 diabetes and is studying law conversion course at BPP. She submitted a research essay 4 days late and made an application for mitigating circumstances as her blood glucose levels often fluctuate wildly during stress of studying and working late. She does not need to see a doctor on these occasions as it is part and parcel of her condition. High blood glucose causes headaches, blurred vision, irritability and lack of concentration. Low blood glucose causes dizziness, blurred vision, slurring of words and if not corrected quickly can cause collapse or incoherence. The time taken to recover in periods like this causes major problems with getting work done. She does not have to see a doctor as she is not ill but just has to deal with this by either taking insulin to lower bloods or eat glucose or carbs to increase bloods. She has a learning support agreement for extra time in exams and symptoms are detailed. However she has been told her claim for mitigating circumstances is not valid as she failed to provide medical evidence of symptoms. She provided evidence that she has Type 1 Diabetes with the form. She is going to challenge this. Is it reasonable that this can be rejected as she would need to see a doctor every day to medically prove her symptoms which are a daily occurrence for this condition?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
She took advise from disability support team and in an email they simply said 'provide evidence of her condition', which she read as provide evidence of her Type 1 diabetes. She provided a copy of a hospital appointment letter for Type 1 diabetes clinic and a copy of a letter giving results of a diabetic retinopathy test. She has since emailed her GP to see if he can write a letter explaining how diabetes works on a daily basis but we are not sure if a GP will provide such a service and as yet we have had no reply from GP.
Customer: replied 1 year ago.
'advice' oops!
Customer: replied 1 year ago.
Here is copy of rejection email. Should my daughter have been au fait with the Manual of Policies and procedures mentioned?After reviewing your Mitigating Circumstances application for IRE CW (30/03/16) I am rejecting your application at the preliminary stage. Your application failed to present a prima facie case that satisfies the threshold conditions required to be considered a valid mitigating circumstances application because it did not include evidence which is reasonably arguable.I am sorry to read that you were unable to submit the assessment named above on time, due to a flare up of an on-going health condition. However, the regulations state that all applications must be accompanied by objective and authoritative evidence showing the time and character of the circumstances. (Manual of Policies and Procedures/ Part H /Section 6/ Paragraph 9). I note that you have enclosed a copy of an appointment letter and a previous medical report of an eye screening test dated 5th May 2015. However, you have not enclosed any up to date medical evidence i.e. a letter from your GP, which can confirm that your condition had affected your performance during this assessment period, and that your symptoms had caused the delay in submitting your assessment on time. Evidence submitted must provide details of the circumstances, its duration and the impact this has had on you. Unfortunately, no such evidence accompanied your application. Therefore, your application does not meet the threshold conditions of a valid mitigating circumstances application.I am sorry I do not have better news. You are entitled to challenge the decision to reject your application. If you wish to do so, please email the Office of Regulation and Compliance at***@******.*** within 5 working days of this email and mark your email for the attention of the Dean of Academic Affairs who will conduct a review of my reasoning and decision on the documentation you have provided, and inform you of the outcome.Please note that the Dean of Academic Affairs, or his nominee, will only conduct a review of my reasoning and decision based on the documentation you have provided. Such a review will only be undertaken where the reason why the decision of the Office of Regulation and Compliance is unsound is clearly stated. New evidence is not normally considered.The Office of Regulation and Compliance shall keep a record of all applications received per student, and report repeated applications to the Mitigating Circumstances Panel.Kind regards,
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to know about this today please?Alex
Customer: replied 1 year ago.
My question was in the first section. Is it reasonable that her claim can be rejected for not providing 'medical evidence' of the effects of Type1 diabetes on her assessment given that this is part and parcel of the condition and she does not see a doctor every time she has volatile bloods. This looks like unintentional discrimination as normally one only sees a doctor when sick and she is not sick - she has a long term and substantial disability which has unpredictable affects. Their letter uses the term 'reasonably argued' which seems to imply that one could not reasonably argue that having Type 1 diabetes could cause unpredictable blood glucose levels and the associated affects on study? She explained the effects in her application.
Expert:  Ash replied 1 year ago.
You need to ask for their policy on such matters, they will have a document which they abide by. So at this stage I can not say whether it is reasonable or not as I have nothing to judge it against.However you have a number of options available. The first is to consider complaining to the ombudsman.They can consider your complaint and offer a free service. Their website is http://www.oiahe.org.ukThe second is a judicial review as the university is a public body. This is where the matter goes before a high court judge and decides whether their decision is legal and reasonable.The judge can either agree with the decision or remit it back for consideration.There is a cost to this and you may not be entitled to legal aid. The court service also provide a useful guide to judicial review at https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdfCan I clarify anything for you about this today please?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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