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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:

Direct discrimination
Failure to make a reasonable adjustment
Disability related discrimination
Victimisation

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.

Timetable for implementation of the The Disability Discrimination Act 1995
Date	Action
December, 1996	DDA 1995 came into effect
December, 1998	Employers with 15 or more employees are now covered by the Act
October, 1999	Duty to make reasonable adjustments came into effect
September, 2002	New duties extend DDA 1995 to cover every aspect of education Maintained schools required to publish information about their accessibility plan in governors annual report to parents. Main requirements to make reasonable adjustments in post 16 education - excluding auxiliary aids & services and physical features
September, 2003	Reasonable adjustments relating to auxiliary aids and services are required in post 16 education.
October, 2004	Duty on services providers to overcome physical features comes into effect All employers regardless of size now covered by the DDA - except Armed Forces. Work experience now covered by the employment parts of DDA New provisions on provisions on discriminatory advertisements Introduction of the concept of 'Direct' discrimination and 'Victimsiation' New provisions on harassment 10yr exemption - Part 3 - extended to Approved Document Part M 2004
September, 2005	Reasonable adjustments to physical features are required in post 16 education.