Apply for a reasonable adjustment

What is a reasonable adjustment? 

The Equality Act 2010 requires an awarding body to make reasonable adjustments where a student/apprentice, who is disabled within the meaning of the Equality Act 2010, would be at a substantial disadvantage in comparison to someone who is not disabled undertaking the same course of learning and assessments. 
 
In order to ensure equality of opportunity, we make reasonable adjustments to the process by which competence is assessed. The adjustments made must not provide an unfair advantage over other students taking the same or similar assessments, and must not affect the integrity, reliability or validity of the assessment outcome. 

When should I apply? 

Reasonable adjustments must be applied for at least 5 working days prior to the course commencement date.

To receive a reasonable adjustment, students must submit an application form on the Advantage platform at least 5 working days before their course begins. Exceptions can be made for those applying for a short term/interim adjustment.

For course delivery: 

• Reasonable adjustments must be agreed prior to the course start date, so that the arrangements are in place from the start of the course.
• Where this is not possible, reasonable adjustments can be agreed during the course but will only take effect in the following term.
• In the case of an external training provider delivering your course, reasonable adjustments for course delivery must be applied for directly with your Training Provider. Reasonable adjustments for ICAS assessments must be applied for with ICAS in the usual way.

Please check the attached policy for further details.

What evidence do I need to submit? 

You will need to be in possession of the required medical evidence below prior to submitting your application. This evidence must be from a medical professional such as your GP, a medical specialist or consultant, and must be uploaded along with your application in the form of a scan or photograph (jpg, PDF, etc).

For conditions lasting or likely to last 12 months or more the following must be provided from a medical professional:

1. Diagnosis confirming the disability.
2. Impact of the condition on day to day activities.
3. Specific recommendation on the reasonable adjustment requested.

For temporary impairments, in addition to the above, we will require the following:

1. The date of diagnosis.
2. The prognosis (how long the condition is expected to last, which should cover the date of the planned assessment or examination).
3. Specific recommendation on the reasonable adjustment requested.

ICAS acknowledges that due to appointment waiting lists, confirming a diagnosis can take some time and therefore you may not have the medical evidence to attach to your application. However, if students have evidence of being referred for a specific diagnosis by a medical practitioner/occupational health practitioner, but are still awaiting the formal diagnosis, ICAS will take this evidence into account when reviewing your application.

What else should I know about medical evidence? 

Additional evidence may be submitted to support your application, such as a Statement of Special Educational Need or Education or Health & Care Plan (EHCP). You can upload multiple documents alongside the application form. 

We rely on medical professionals making specific and unambiguous recommendations, however, if further opinion is deemed necessary, we will refer to our independent medical professionals. 

How long will my application take to process? 

We aim to contact you with the outcome of your application within five working days of receipt. 

If you have not received the outcome of your application five working days before your exam, please call us on 0131 347 0100. 

This policy is designed to: 

• provide an assessment and awarding system that supports equality and fairness to our students 

• maintain the integrity and security of the assessment and examination process 

Our definition of ‘student’ includes all individuals accessing our education services including apprentices. 

Legal context 

The Equality Act (2010) replaces the Disability Discrimination Act (DDA) and its associated duties. The Equality Act (2010) gives the definition of a disability as follows: 

‘A person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day to day activities’ (Equality Act, 2010, Section 6). 

Schedule 1 of the Equality Act (2010) provides determination of disability stating the effect of the impairment as long term if: 

• it has lasted for at least 12 months; 

• it is likely to last for at least 12 months; 

• it is likely to last for the rest of the life of the person 

• the needs of the disabled student 

• the effectiveness of the adjustment 

• the cost of the adjustment 

• the likely impact of the adjustment upon the student and other students 

An adjustment will not be approved if it is deemed unreasonable, for example: 

• it involves unreasonable cost 

• involves unreasonable timescales 

• affects the security, validity or integrity of the assessment 

Who is entitled to a reasonable adjustment? 

The Equality Act (2010) defines a disability as a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to perform normal day to day activities. 

Examples of individuals who will be considered for a reasonable adjustment: 

• A permanent physical impairment (e.g. cerebral palsy, multiple sclerosis) 

• A fluctuating or recurring effect (e.g. rheumatoid arthritis) 

• A progression condition (e.g. HIV infection, cancer or multiple sclerosis) 

• Behaviour, emotional or social needs (e.g. chronic depression or autism) 

• A sensory impairment (e.g. visual impairment or hearing impairment) 

• Specific cognitive difficulties (e.g. dyslexia or memory loss) 

• Motor difficulties (e.g. hand or eye co-ordination, difficulty moving hands or arms) 

There are some conditions that are not included in the definition of a disability under the Equality Act (2010). Examples of these include addiction to alcohol or non-prescription drugs. 

What reasonable adjustments are considered acceptable? 

Each application for a reasonable adjustment will be required to be submitted by the prescribed deadline, in order to provide us with reasonable time to assess the application and implement the adjustment in advance of the examination or assessment. 

Each application will be considered based on the facts and evidence provided by the student, including a review of medical evidence. Each application will be individually considered, and the adjustment provided may vary from individual to individual. 

The following adaptations are examples either within examinations, assessments or learning delivery: 

• Stop-the-clock breaks 

• Allocation of additional time 

• A scribe 

• Adapted assessment materials (e.g.  large format, coloured paper) 

• Rest or time breaks 

• Support of a reader 

• Support of a sign language interpreter 

• Location of the assessment (based upon disability access) 

• Personal support worker in attendance 

Fifteen days prior to examination 

For requests based upon temporary disability occurring within the 15 days prior to examination or assessment you should contact us as soon as possible on 0131 347 0100. 

Late applications 

We are not able to put an adjustment in place in time for any examination or assessment if applications are late. Any applications received after the deadlines set out will not be processed and will be declined. 

Application form 

Please remember to submit the necessary medical evidence with specific reasonable adjustment recommendation, as outlined, otherwise the application will not be processed. 

Each application must be: 

• Supported by relevant independent evidence from a medical professional such as a specialist or consultant 

• The medical professional must provide specific recommendations of the adjustments required 

• Submitted to us by the prescribed deadline 

We are not responsible for obtaining medical evidence to support a request for a reasonable adjustment. However, will provide advice on the suitability of the evidence, and where necessary refer to our independent medical professionals for their opinion of the evidence you have provided. 

We will decline the application if suitable medical evidence is not provided by the prescribed deadline and does not accept liability if the application and/or evidence is not provided with reasonable notice to implement the adjustment. 

Any information provided as part of a claim for a reasonable adjustment will be treated as confidential and the nature of your condition will not be disclosed beyond those who require this in order to fulfil their duties. 

If at any time we find that a claim for a reasonable adjustment was fraudulent we will withdraw the award made as a result of the assessment undertaken with reasonable adjustment. 

What medical evidence is required? 

All medical evidence must be submitted at the time of application as per the timescales outlined and in advance of the examination, assessment or learning activity you are seeking the adjustment for. 

Any medical evidence submitted by you must be provided from a suitably qualified general practitioner, medical consultant or specialist. 

The medical evidence provided will depend upon the nature of the condition for which an adjustment is being applied for. 

For conditions lasting or likely to last 12 months or more the following must be provided from a medical professional: 

• Diagnosis confirming the disability 

• Impact of the condition on day to day activities 

• Specific recommendation on the reasonable adjustment requested 

For temporary impairments we will require in addition to the above the following: 

• The date of diagnosis 

• The prognosis (how long the condition is expected to last, which should cover the date of the planned assessment or examination) 

• Specific recommendation on the reasonable adjustment requested 

Additional evidence may be submitted to support your application such as a Statement of Special Educational Need or Education or Health & Care Plan (EHCP). 

Processing of reasonable adjustment requests 

You will be contacted within five working days with the outcome of your application or a request for further information. If we are unable to identify or agree the adjustment we will contact, you in order to resolve the matter. We will keep you informed throughout should this take longer than five working days. 

Approval of reasonable adjustment requests 

We will confirm in writing what the adjustment will be and how long it will last for (i.e. short term or long term). If you do not receive this communication, around five working days prior to your examination or assessment, you must contact us as a matter of urgency on 0131 347 0100. 

Should your circumstances change, or you wish to request a further adjustment you should contact us where you may be required to provide additional medical evidence to support these changes. 

Declining a request for a reasonable adjustment 

If your request has been declined, we will make you aware of the reasons for doing so in writing. 

Right to complain 

Our complaints policy can be found here.