How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK-Justice Your Own Question
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
Type Your Law Question Here...
UK-Justice is online now

I failed a course with the Open University because they denied

Customer Question

I failed a course with the Open University because they denied my application to defer my studies. The reason for the deferral was due to my father's heart attack as I needed to care for him whilst he recovered.

I am now having to apply to study again but they are refusing as I have not provided evidence of my father's illness. Is this legal? Can they ask and hold evidence on my father?

Kind regards XXXXX XXXXX of your advice.

Jacqueline Arnold
Submitted: 5 years ago.
Category: Law
Expert:  UK-Justice replied 5 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Was the deferral conditional upon your fathers illness?

Why can you not provide evidence?
Customer: replied 5 years ago.

My Dad has been in and out of hospital 5 times since July 2013 and I am reluctant to advise him that his illness (a serious heart attack in which his heart stopped) has impacted upon my studies. The discharge notice which he would hold somewhere in his documents will hold medical information which is private to him.


I asked the OU for a deferral on my examination which they refused as I could not provide evidence. I therefore failed the course but had demonstrated steady progress throughout the course through my coursework.





Expert:  UK-Justice replied 5 years ago.
So you are reapplying for the same course?
Customer: replied 5 years ago.

I have continued my studies with a private tutor (it is a french course) and due to costs was trying to apply for the higher level course as I have advanced but would be happy to do the same course again if it would make them happy!

Expert:  UK-Justice replied 5 years ago.
I dont understand - are you applying for the same course, and this is what they have refused?
Customer: replied 5 years ago.

I applied for the higher level course and they are refusing to consider my application because I have not provided evidence.

Expert:  UK-Justice replied 5 years ago.
Can't you just provide the evidence.

After all you relied on the illness to defer it?
Customer: replied 5 years ago.

No. I will not ask my Dad for this information. It will distress him and I do not feel that I should have to. After all, I am the student and it is not as if I am saying that I will not pay the course fees again (I will have paid for this course andalso the next course!).

Are they allowed to hold his medical info on file? Am I even legally allowed to give someones medical information out?




Expert:  UK-Justice replied 5 years ago.

If the basis of your deferment was your Dad's illness, which no doubt you said was the case - they are now entitled to see evidence of this.

This is because you use it to gain an advantage in that the course was deferred.

Therefore as you raised it, it is only right and proper that they see it.

Imagine if someone went to Court and asked for an adjournemnt on the basis they were unwell.

If they went to Court next time, they would need to bring the Doctor note to say they were not well - otherwise how do you know that person is telling the truth.

So yes, as you raised it, they are entitled to make sure what you said was true.

I am sorry if this is not the answer you are looking for but based on what you have said, this is the legal position.

Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 5 years ago.
I'm just following up with you to see how everything is going. Did my answer help?