Vision-impaired woman receives settlement from college after being refused enrolment to a course
A vision-impaired woman has received a settlement from Barking & Dagenham College after a lecturer refused to enrol her on a course, due to her sight loss and having a guide dog.
Posted on 12 November 2024
Bhavini Makwana, of East London, is registered severely sight-impaired and has a guide dog. In June 2024, Bhavini approached Barking & Dagenham College about enrolling on one of their courses.
When Bhavini mentioned her disability, the college expressed scepticism about her ability to complete the course, and she was told she would be better placed at a different college.
When Bhavini explained that the nearby college did not offer the level she wanted to do, she was advised to look for online providers or to contact another local college.
Afterwards, Bhavini had a meeting with a lecturer at Barking & Dagenham College. At the meeting, she described her disability and how she would be able to manage the course.
The lecturer questioned Bhavini’s ability to "blend into the classroom" and further claimed that he thought that having a guide dog in the classroom would be an issue. Furthermore, despite Bhavini explaining on multiple occasions what adjustments would need to be in place in order for her to take part and complete the course, the lecturer kept questioning Bhavini’s ability to read and write. He added that Bhavini should find a course "within her own community". This comment was alleged to have been made in reference to Bhavini’s Indian heritage and disability.
When asked to confirm whether the college would be able to support people with disabilities, the lecturer said that the college would be unable to do so.
Following this conversation, Bhavini raised a complaint with the college. Bhavini works for a sight loss charity in the Public Affairs and Campaigns team, supporting blind or partially sighted people by campaigning and influencing for a more equal, accessible and inclusive society. As a result of her engagement with issues around disability rights, she was able to identify that she was being discriminated against.
She also spoke with the Education team at Thomas Pocklington Trust, who support students from secondary school onwards, ensuring they receive and can access education like everyone else. The next month, the college responded to the complaint with an apology and an admission that their staff needed additional training and information.
In September 2024, Bhavini instructed human rights partner Ryan Bradshaw at Leigh Day to bring forward a discrimination claim. Ryan successfully negotiated a settlement along with an admission of discrimination. She was supported in her claim by the Royal Institute of Blind People.
Bhavini said:
“The way I was treated was absolutely disgusting. Having a stranger, a course lecturer, and a professional simply question my ability and then just completely dismiss my capabilities, was traumatic. Being denied the right to access a basic human right just because I am blind, in this day and age, is barbaric and deeply disconcerting. Part of the reason I had the strength to fight these discriminations is due to the knowledge and constant advocacy I am compelled to do in both my work and personal life. This is the reason why I would like to bring attention to this, with the support from Leigh Day, as others may not be aware or confident in doing so, should another person experience this.”
The Royal National Institute of Blind People (RNIB) said:
“It’s saddening to hear Bhavini’s story and how she was discriminated against but heartening to hear that Leigh Day was able to assist Bhavini to challenge the discrimination that she faced and that a satisfactory settlement was reached, without the need for legal action. No one should have their access to education denied due to their disability.
“In addition, we hear regularly about incidents regarding guide dogs being refused from different situations and it’s important that guide dog users know that support is available to successfully challenge them. We’d encourage any guide dog user who experiences a situation when they are told their guide dog isn’t welcome to contact RNIB and we’ll ensure that they get the support that they need to take their case forward.”
Leigh Day’s Ryan Bradshaw added:
“It is crucial that those with disabilities are given the same opportunities as the rest of us. This incident of discrimination was particularly shocking as it was so blithe. We expect businesses and organisations offering services to the public to regularly make their staff aware of their obligations to disabled people and act accordingly should they fail to meet the required standard”