University in breach of disability law and ordered to pay £4,000 damages over symbolic handshake

March 22nd 2007

A disabled student, denied disabled access to the stage to receive a symbolic handshake in his graduation ceremony, has been awarded £4,000 for injury to feelings against Canterbury Christ Church University.

In one of the first higher education cases under the education provisions of the Disability Discrimination Act (DDA) to be decided in court,* the landmark ruling was supported by the Disability Rights Commission (DRC).

Craig Potter, 28, from Kent, and a wheelchair user, graduated in 2004 at a ceremony at Canterbury Cathedral. While other students were able to receive a handshake on the dais from the Chairman of Governors, Craig had to be content with a mere greeting at the bottom of the steps instead because no ramp was provided to allow disabled access to the stage.

Sir Bert Massie, Chairman of the Disability Rights Commission commented:

“What should have been a day to remember instead became a moment of acute embarrassment and public exclusion. Craig had worked, studied and played with the class of 2004 but when it came to his graduation he was treated as a class apart.

“Craig was denied recognition for his achievement in front of his peers and instead was ceremonially humiliated. This was a clear breach of the DDA and the court was right to award a substantial sum for injury to Craig's feelings.

“All universities need to plan well in advance the adjustments that need to be made for disabled students at degree ceremonies. This should not come as a surprise because these very same adjustments would need to have been made for disabled students throughout their time at university.”

Craig Potter said:

“I was not treated on equal terms with my peers. I wanted to go up on that stage at Canterbury Cathedral like everyone else during my graduation and get my symbolic handshake from the Chair of Governors. The judge agreed that this would have been possible and the University's failure to provide temporary ramps meant they discriminated against me as a disabled person. I am very pleased and feel vindicated by this result.

“Only the birth of my second child, due in two weeks, will top this news.”

Notes

* Under part 4 of the DDA 1995 (Chapter 2) as amended a post-16 educational institution is under a duty to take reasonable steps to ensure that disabled students are not placed at a substantial disadvantage in comparison with students who are not disabled in relation to provision of student services.

The fact that Mr. Potter was not greeted by the Chairman of Governors on the day is because he is a wheelchair user and there was no disabled access placed him at such substantial disadvantage. He was not able to participate fully and with dignity in the degree ceremony.

All educational institutions have a duty to anticipate the requirements of disabled people and the adjustments they could be making for them. In Mr. Potter's case, the University's failure to anticipate the need for an adjustment (an accessibility ramp to provide disabled access to the platform) meant that it was too late to comply with the duty to make the adjustment when it was required.

Source: DRC Website

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