persons who will require that information to organise accommodations, lectures, field trips etc. in such a way so as to prevent harm or distress to any student. If the Disability As the Disability Service is part of the College I can advise that Service is in possession there would be a sufficiently close relationship between the of relevant College and other staff and students and therefore a duty of information, does it care would arise. owe a duty of care to other staff and students of the University? Once the In such an instant once the information has been received by Disability Service has the Disability Service it is presumed to have also been received received this by the College and in such a case the College would owe a duty information is it then of care to staff and other students. considered that the College has received the information and, thus does the College owe a duty of care to staff and other students? If a student Yes, the College could be held responsible for any damage with a disability caused or injury sustained if they were negligent in not (known to the providing safe guards to ensure that any reasonably Disability Service) foreseeable damage or injury was averted in any given chooses not to disclose circumstance. their disability to their school or course, could the Disability Service be held responsible for any damage caused? Would it be Again the Equal Status Acts 2000 – 2008 are silent on the acceptable to require obligation of persons to disclose their disability. However students to disclose taking the duty of care owed by the College to staff members their disability if, in and other students I believe it is reasonable to require all specific circumstances, students on professional courses where there are clinical or it is reasonably other placements to disclose the existence of any disability expected that they that may pose a risk to the student in question or any other could cause harm to person. themselves or others? Is different Section 14 of the Equal Status Act 2000 provides that it is
persons who will require that information to organise accommodations, lectures, field trips etc. in such a way so as to prevent harm or distress to any student. If the Disability Service is in possession of relevant information, does it owe a duty of care to other staff and students of the University? As the Disability Service is part of the College I can advise that there would be a sufficiently close relationship between the College and other staff and students and therefore a duty of care would arise. Once the Disability Service has received this information is it then considered that the College has received the information and, thus does the College owe a duty of care to staff and other students? In such an instant once the information has been received by the Disability Service it is presumed to have also been received by the College and in such a case the College would owe a duty of care to staff and other students. If a student with a disability (known to the Disability Service) chooses not to disclose their disability to their school or course, could the Disability Service be held responsible for any damage caused? Yes, the College could be held responsible for any damage caused or injury sustained if they were negligent in not providing safe guards to ensure that any reasonably foreseeable damage or injury was averted in any given circumstance. Would it be acceptable to require students to disclose their disability if, in specific circumstances, it is reasonably expected that they could cause harm to themselves or others? Again the Equal Status Acts 2000 – 2008 are silent on the obligation of persons to disclose their disability. However taking the duty of care owed by the College to staff members and other students I believe it is reasonable to require all students on professional courses where there are clinical or other placements to disclose the existence of any disability that may pose a risk to the student in question or any other person. Is different Section 14 of the Equal Status Act 2000 provides that it is
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