Aidan O’Brien successfully represented a disabled medical student during a university appeal hearing, following her withdrawal from her programme of study. The student had been removed from her course following her second failed attempt at a practical ‘OSCE’ assessment. Aidan successfully argued that the university had failed to ensure that reasonable adjustments were in place, such that the student could be assessed fairly. Independent evidence established that the student’s performance during examinations was impaired as a consequence of her disability, notwithstanding that she had otherwise demonstrated her fitness to practise.
The university acceded to Aidan’s submission that the student should be given a further opportunity to demonstrate that she had met the necessary learning outcomes, following the implementation of reasonable adjustments. The student was therefore re-instated onto her course.