Council services
The Disability Discrimination Act 1995
The Disability Discrimination Act 1995 came into effect in December 1996 and introduced new measures aimed at ending the discrimination which many disabled people face.
The act gives disabled people new rights in the areas of:
- Employment - Section 2
- Access to goods, facilities and services - Section 3
- The management, buying, or renting of land and property - Section 3
- In the provision of education and access to the national curriculum - Section 4
- In the provision of post 16 education and related facilities - Section 4
- Allows the government to set minimum standards to assist disabled people to use public transport - Section 5
In a response to the Act the government established the Disability Rights Commission - DRC - whose function was to promote equal opportunities for disabled people, encourage good practice in the treatment of disabled people, and to advise the Government on the working of the disability legislation. In October 2007 the DRC became part of the Equality and Human Rights Commission which will continue the work of the DRC, and provide up-to-date detailed information on the Act and any legal issues that have arisen since its implementation.
Employment
- 4 types of discrimination:
- From 1st October 2004 all employers, regardless of size, have duties under the Act
- Employers should take steps to ensure disabled people do not receive less favourable treatment without justification
- Any justification for discrimination must be material and substantial
- Justification is not relevant in cases about direct discrimination and failure to make reasonable adjustment
- Practical work experience whether paid or unpaid is covered
- Employers should make reasonable adjustments to physical features or employment arrangements which create a substantial disadvantage for disabled employees
- An Employer cannot justify less favourable treatment of a disabled person for a reason related to the disability where the reason for the treatment can be minimised by a reasonable adjustment
Service Providers
- Applies to any organisation which provides a service, offers facilities, or supplies goods to the public, whether paid for or free
- A service provider may be breaking the law if they treat a disabled person less favourably than somebody else for a reason relating to their disability
A service provider must not:
- Refuse to serve a disabled customer
- Offer a disabled customer a lower standard, or worse manner of service
- Offer a disabled customer a service on less favourable terms
- A service provider Must:
- Make reasonable adjustments to remove barriers that make it impossible or unreasonably difficult for a disabled person to make use of the service
Reasonable adjustments relate to:
- changes to policies, practices and procedures
- provision of auxiliary aids and services
- overcoming a physical feature
- making the service accessible by another means
Education
Under the DDA 1995, Part 4 created new duties - from 2002 - for schools not to discriminate against disabled pupils and prospective pupils in the provision of education and associated services in schools, and in respect of admissions and exclusions.
Schools have duties under disability discrimination and duties under planning.
Disability Discrimination Duties
- Schools should not discriminate against disabled pupils by treating them less favourably for a reason related to their disability.
- Schools have a duty to take reasonable steps to avoid putting disabled pupils at a substantial disadvantage - ie. make reasonable adjustments
Note: Reasonable adjustments do not require the provision of auxiliary aids and services or alterations to the physical features of the school. Both these aspects are covered under the Planning duties - see below.
Planning Duties
- Local Education Authorities have a duty to draw up ‘Accessibility Strategies’ in conjunction with Schools who have a duty to draw up ‘Accessibility Plans’
- Both the Accessibility Strategies and the Accessibility Plans must address planned improvements in the areas of:
- Access to the curriculum
- Physical Improvements to increase access to education and associated services
- Improvements in the provision of information in a range of formats
Education - Post 16
Under the DDA 1995 Part 4 there are new duties, from September 2002, in the provision of post-16 education and related services for disabled people and students. The Post 16 section of the Act makes it unlawful for a responsible body to discriminate against a disabled person:
- In admissions or enrolment of students
- In the terms on which admissions or enrolment offers are made
- By refusing or deliberately omitting to accept an application for admission or enrolment
- In the provision of services provided wholly or mainly for students or those enrolled on courses. This includes provision such as courses of education, training, recreation, leisure and catering facilities or accommodation.
Discrimination occurs when a responsible body treats a disabled person less favourably for a reason relating to the persons disability or when a responsible body fails to make reasonable adjustments when a disabled student is placed at substantial disadvantage.
Date | Action |
December, 1996 |
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December, 1998 |
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October, 1999 |
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September, 2002 |
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September, 2003 |
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October, 2004 |
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September, 2005 |
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