Educational authorities are not able to pre-empt the decisions of the qualifying body. There are some areas when and where it may be acceptable to discriminate against a person on the grounds of the person's disability in the provision of education. This section does not render it unlawful to discriminate against a person on the ground of the person's disability in respect of admission to an educational institution established wholly or primarily for students who have a particular disability where the person does not have that particular disability. What would be unjustifiable hardship is, however, difficult to say. One consideration is the benefit gained by those,other than students with disabilities.
Direct discrimination is understood by most people.
Basically this is when a person with a disability is treated less favourably because of their disability. This discrimination, under the DDA, applies to carers and others associated with the person with the disability. Indirect discrimination is much more common and not so easy to identify. Although some indirect discrimination is not intentional, this is unfortunately not always the case. Indirect discrimination occurs when a term or condition is imposed and where a person with a disability cannot comply.