University admissions disability discrimination appeal for 17 year old F/T college student - is Legal Aid available?
My daughter has recently been rejected from a performing arts university after she applied to a degree course. She has diagnoses of Autism and Dyspraxia and an EHCP which I made the University aware of in various emails about her application over the last 12 months. Her disabilities are also recorded on her UCAS form.
The final stage of the admissions process was an in-person audition and interview which was a disaster as her anxiety levels were off the scale, she made mistakes (despite being a superb musician and singer), the questions asked were not Autism and Dyspraxia friendly (they asked abstract, open questions and she felt that they were trying to catch her out) and she left after having a meltdown. It’s a heart-breaking situation for her.
I believe that the University have broken the Equality Act (2010) by failing in their anticipatory duty to offer reasonable adjustments in the audition, as best practice for interviewing Autistic/Dyspraxic candidates has not been applied in any form to the audition.
I have years of experience fighting battles for diagnoses, EHCP, transport and many other barriers as you might imagine a SEND parent has. I am currently looking at appealing against the University decision and it occurred to me that there might be specialist solicitors out there that could help me.
Before I start this battle on my own, can anyone advise if this is the sort of situation that a specialist solicitor would take on and if so, is it possible to get legal aid, and if so would that be for help with dealing with the university appeals process or only if we were to proceed to County Court?
Thanks!
Jerry & Debs
11 Feb 2026
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 11 Feb 2026
-
Other
|
Other
Can't answer yes or no.:
This is general information only, not legal advice. Time limits can be short in discrimination cases, so obtaining tailored advice promptly is important. It is quite a while since I did any legal aid work, so you should treat the funding points as general guidance and verify them with a legal aid provider or adviser.
In most cases, legal aid is not available for a routine university admissions appeal. Since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), civil legal aid for education matters has been significantly restricted. Internal admissions appeals and complaints are generally outside the scope of ordinary legal aid, so any solicitor support would usually need to be privately funded.
However, what you describe may not simply be an “appeal” issue — it potentially raises disability discrimination under the Equality Act 2010. Universities are covered by the Act and must not discriminate in admissions. They are also subject to the anticipatory duty to make reasonable adjustments, which requires them to take reasonable steps to avoid placing disabled applicants at a substantial disadvantage.
Although your daughter has diagnoses of Autism and Dyspraxia and (has had?) an EHCP, in legal terms she would need to meet the statutory definition of disability in section 6 of the Equality Act 2010. In broad terms, that means a physical or mental impairment with a substantial and long-term adverse effect on normal day-to-day activities. Autism and dyspraxia often meet that test, but it is ultimately fact-specific.
If the university had clear notice of her disabilities (for example through UCAS disclosure, correspondence, and the EHCP), that strengthens the argument that reasonable adjustments should have been considered for the audition and interview. Depending on the circumstances, adjustments might include a clearer structure, avoiding overly open or ambiguous questioning, allowing additional processing time, reducing sensory pressures, or using a more predictable format. Whether the Equality Act has been breached will depend on the evidence and on what was reasonable in the context.
In terms of routes, you would usually start with the university’s internal appeal or complaints procedure. The Office of the Independent Adjudicator (OIA) is unlikely to assist in a first-time admissions rejection, because it generally cannot consider complaints from applicants who have never become students. If the matter cannot be resolved internally and discrimination is alleged, the formal legal route is usually a County Court claim under the Equality Act 2010. The usual limitation period is six months less one day from the relevant act (subject to fact-specific issues about timing).
As for legal aid for a County Court Equality Act claim, it is not ordinarily available. The only potential route is Exceptional Case Funding (ECF). ECF is not usually granted for this type of case and is strictly means-tested and merits-tested; even where granted, it may initially cover early advice rather than full representation.
In practice, you may wish to consider an initial advice appointment with a solicitor who specialises in education law and Equality Act discrimination in higher education, particularly one who also undertakes legal aid work and can advise on whether an Exceptional Case Funding (ECF) application is realistically arguable. Even where legal aid is unlikely, a short initial consultation can help you understand prospects, key evidence, relevant time limits, and the most proportionate next steps (for example, an internal review, pre-action correspondence, or proceedings). You could also consider contacting your local Law Centre (if one operates in your area), as some centres undertake discrimination work and may be able to assist or signpost. It may additionally be worth approaching the Equality and Human Rights Commission (EHRC), which has a strategic enforcement role and may provide general guidance or signposting, although it does not usually provide case-by-case representation.
I hope this is of some help in your search for assistance.
11 Feb 2026
|
1 Comment