A guide to completing the ECP Pro Forma
The wording of the declarations set out in the ECP Pro Forma has been discussed extensively and agreedwith Higher Education (HE) representatives and Student Loans Company (SLC). The Department for Education will be monitoring the ECP closely to ensure that it remains timely and fit for purpose, and will issue further guidance or clarification should this be needed.
Note: the process of repayments may be subject to change.
Section to be completed by the student:
The declaration that you are signing acknowledges that:
1) You have a barrier to your learning, and that the support you have requested is not deemed a Reasonable Adjustment by your HE Provider (HEP) under their current policy. Your HEP may have suggested an alternative form of support or adjustment, which you do not believe is sufficient to meet your needs.
2) You have raised a formal dispute with your university/college over the provision of your requested support.
3) You are applying for the Exceptional Case Process (ECP) in order to receive DSA funding for the 45 calendar day period the dispute is with your Institution. There is potential for cover for a further 90 calendar days if you disagree with the outcome of the appeals process at your institution and then raise the matter to the Office for the Independent Adjudicator of Higher Education (OIA).
4) That if your appeal is successful and it is determined that your support should be covered by the institution under reasonable adjustments within the meaning of the Equality Act 2010,you give permission for the Student Loans Companyto recover the costs of your support under the ECP on your behalf .
5) That you will ensure that either yourself or your HE provider declaresthe decision of your institution to the Student Loans Company, within 5 working days of that decision.
6) That, if you decide to raise your complaint with the OIA you notify the Student Loans Company, in order to access a further 90 days of ECP funding.
7) That you will ensure that either yourself or your HE provider declares the decision of the OIA to the Student Loans Company, within 5 working days of that decision.
NOTE: If you are eligible for support under the ECP, you must go back to your Needs Assessor who will recommend what support you need.
Section to be completed by a HEP representative:
You are signing on behalf of the HEP you represent, to acknowledge that:
1)You (the HEP) do not deem the support requested as a reasonable adjustment under your current adjustment policy. You may have suggested a different form of support, which the student does not believe sufficiently meets their needs.
2)Your institution and the student are now in a formal dispute over the provision of their requested form of support.
3) You request thatthe student receives support under the ECP, whilst the university/college seeks to assess the request under the HEPs’ appropriate appeals process and come to a conclusion within the time frame of 45 calendar days.
4) That you will ensure the conclusion that you (the HEP) comes to is declared to the Student Loans Company within 5 working days of the decision being reached, by either the student or you (the HEP).
5) That if the students’ appeal is successful and the HEPs appeals process or the OIA determine the support the student has requested should be covered as a Reasonable Adjustment within terms of the Equality Act 2010, you (the institution) agree to reimburse the Student Loans Company for the amount they have paid to support the student throughout the ECP.
NOTE: The level of support the student receives in the interim period will be recommended by the Needs Assessor. This recommendation will be made in accordance with the SLC’s DSAs guidance (including agreed rates for support) and the DSA Quality Assurance Group Non-Medical Help Quality Assurance Framework (NMH QAF). The link to SLC’s DSAs guidance is:
Section to be completed by SLC:
You are signing to confirm;
1) Receipt of the ECP Pro Forma Declaration, that this has been completed adequately and that this student’scase makes them eligible for the interim ECP support.
2) That the support will be provided on an interim basis pending the outcome of the appeals process and, if appropriate, the OIA’s decision.
3) That you will fund a maximum of 45 calendar days, and potentially a further 90 calendar days if the student raises the appeal to the OIA.
4) That you acknowledge the students’ permission for SLC to seek reimbursement on their behalf of any payments made for the interim support from the HEP. This will occur should the HEP or the OIA decide that the students’ requested support is deemed a Reasonable Adjustment, and as such should not have been funded by SLC.