Disability Discrimination in Post-16 Education - the 5 Step Test

This test presents 5 steps to help determine whether a disabled person in post-16 education has encountered unjustified discrimination on account of a disability, such that the Disability Discrimination Act (DDA) has been breached.

NB: The 5-step test should be carried out in consultation with the 5-Step Test Guidance Notes produced by Paul Brown for Skill, the National Bureau for Students with Disabilities. We hope to have this document available in other formats very soon.

Downloadable (Word) version of 5-step Test Guidance Notes

Step 1

Does the disabled person meet the DDA’s definition of disability?

Is a physical or mental impairment involved?
Does the impairment have a substantial adverse effect?
Does the impairment have a long-term effect?
Does the impairment affect normal day-to-day activities?

If Yes, go to Step 2

If No, it is unlikely to be unlawful discrimination on the grounds of disability.

Step 2

Is the disabled person a student or potential student or applicant?

If Yes, go to Step 3

If No, it is unlikely to be unlawful discrimination under the Post-16 sections of the DDA.

Step 3

Is the institution and/or service covered by the DDA Part IV?

Is the provider liable under the post-16 provisions of the Act?
Is the service covered?
Is an individual liable?

If Yes, go to Step 4

If No, it is unlikely to be unlawful discrimination under the Post-16 sections of the DDA.

Step 4

Has the disabled person received less favourable treatment for a reason related to his/her disability?

Has the responsible body failed to take all reasonable steps to ensure that disabled persons are not placed at substantial disadvantage (ie failed to make a reasonable adjustment)?

If Yes to any of these, go to Step 5

If No to all of these, it is unlikely to be unlawful discrimination on the grounds of disability.

Step 5

Was it reasonable for the responsible body not to know the person was disabled AND was a failure to make an adjustment related to this lack of knowledge?

Can the responsible body justify less favourable treatment?

Is the failure to make a reasonable adjustment justifiable?

If Yes to all, it is unlikely to be unlawful discrimination on the grounds of disability.

If No to any or all, it may be unlawful discrimination and there may be grounds for legal action.