Reasonable adjustments for students in further education colleges
What reasonable adjustments are, who must make them in FE colleges and training providers, and how to agree, deliver, record and review them with learners.
Glossary
A reasonable adjustment is a change a provider must make so a disabled person is not at a substantial disadvantage. How the duty works in FE and apprenticeships.
Reasonable adjustment
Glossary term · 2 sources
A reasonable adjustment is a change to a provision, criterion or practice, a physical feature or the provision of an auxiliary aid that an organisation must make under the Equality Act 2010 so that a disabled person is not put at a substantial disadvantage compared with people who are not disabled.
A reasonable adjustment is one of the most important ideas in disability law. It means the provider changes something, rather than expecting the disabled person to fit in.
Section 20 of the Equality Act 2010 sets out three requirements. The first applies where a provision, criterion or practice puts a disabled person at a substantial disadvantage: the provider must take reasonable steps to avoid it. The second applies to physical features. The third applies where a disabled person would be at a substantial disadvantage without an auxiliary aid or service: the provider must take reasonable steps to supply it. “Substantial” means more than minor or trivial. The duty to take reasonable steps is not capped by a fixed cost; what is reasonable depends on the circumstances, including effectiveness, practicality, cost and resources.
Schedule 13 adapts the duty for education providers. It also provides that competence standards, which are the academic, medical or other standards used to determine a level of competence, are treated differently, though adjustments should still be made to how a standard is assessed.
Colleges owe the duty to learners. Examples include providing materials in an accessible format, allowing a quiet room for assessments, flexible deadlines for a learner whose condition fluctuates, or a note-taker. Apprentices have two sources of duty: the employer for the workplace, and the provider for training and assessment. Awarding bodies and end-point assessment organisations have their own duties as qualification bodies.
For good practice, agree adjustments with the learner, write them down, tell the relevant staff, record whether they were delivered, and review whether they worked. Our guide to reasonable adjustments in further education and the reasonable adjustments for apprentices guide cover this in practice. You can also use the reasonable adjustments agreement template.
Many staff think they only need to act when a learner asks, or when they have seen a diagnosis. In education the duty is also anticipatory: providers must think ahead about barriers disabled learners may face. A second misconception is that “reasonable” means cheap. It means proportionate, and a large provider is expected to do more than a small one. A third is that an adjustment must remove all difficulty. The test is avoiding substantial disadvantage, not guaranteeing outcomes.
Read section 20 and Schedule 13 of the Equality Act 2010 on legislation.gov.uk, and the Equality and Human Rights Commission’s technical guidance for further and higher education. This page explains the duty in general terms and is not legal advice. Take professional advice on a particular case.
No. The Equality Act 2010 says a disabled person cannot be required to pay any of the costs of complying with the duty.
No. The duty depends on whether the person meets the Equality Act definition of disability and whether they face substantial disadvantage. A formal diagnosis is not a legal requirement, although evidence may help decide what works.
Yes. Both employers and awarding or assessment bodies have duties. Providers should plan adjustments for end-point assessment early.
Official guidance changes. Check the source before relying on any detail, and take professional advice for individual cases.
We are working with a small number of England FE colleges and apprenticeship providers first. Tell us about your learner support and we will be in touch.