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Disability Discrimination Act 2005

The Disability Discrimination Act 2005 received Royal Assent on 7 April 2005.

 

From December 2005 new amendments to the DDA 1995 were introduced, and from December 2006 new laws placed a duty on public bodies to promote disability equality. This affected all public bodies - from local councils to government departments, from universities to hospitals.

The Disability Equality Duty requires the public sector to actively promote disability equality, and is similar to the duty to promote race equality under the Race Relations Amendment Act. This is a positive duty which builds in disability equality at the beginning of the process, rather than makeing adjustments at the end.  It should bring about a shift from a legal framework which relies on individual disabled people complaining about discrimination to one in which the public sector becomes a proactive agent of change.

Key public bodies have been required to produce Disability Equality Schemes and action plans, and to report annually on the outcomes and improvements they have achieved through these actions.

The Act’s main provisions, which amend the Disability Discrimination Act - DDA 1995- are listed below.

DDA 2005 implementation dates

Commencement

Provisions in the Act 
5 December 2005

  • Extend the DDA 1995 to cover, effectively from the point of diagnosis, people with HIV infection, cancer or multiple sclerosis.

  • End the requirement that a mental illness must be “clinically well-recognised” before it can be regarded as an impairment under the DDA 1995.

  • Make third party publishers e.g. newspapers, liable for publishing discriminatory advertisements.

  • Amend the way that the DDA 1995 applies to group insurance to clarify the responsibilities of those concerned with its provisions.

  • Introduce for Part 3 of the DDA 1995 ie. access to goods and services, public authorities, private clubs and premises - a Questions Procedure similar to that which already exists in Part 2 ie. employment and occupation

  • Make it unlawful for private clubs with 25 or more members to treat disabled people less favourably.

  • Make it unlawful for local authorities and the Greater London Authority to treat their disabled members less favourably.

  • Clarify where liability falls if police officers discriminate under Part 3 of the DDA 1995
4 December 2006

  • Duty on public authorities to promote equality of opportunity for disabled people.

  • On or before 4th December 2006 publish a Disability Equality Scheme.

  • Functions of public authorities not already covered by the DDA 1995 to be brought within its scope.

  • Land based public transport vehicles to be brought within scope of Part 3 of the DDA 1995.

  • Provide for all rail vehicles to comply with rail vehicle accessibility regulations by 1 January 2020, apply accessibility regulations to refurbishment of rail vehicles and introduce certification and enforcement provisions.

  • Subject to consultation, formalise recognition of disabled persons’ parking badges issued by other countries.

  • Extend the duty of reasonable adjustment, other than in respect of physical features, to those who let or manage rented premises, and to commonhold premises.

  • Ensure landlords cannot unreasonably withhold consent for a disability-related improvement to certain rented dwelling houses.

  • Extend duties of reasonable adjustment to private clubs with 25 or more members.

  • Extend duties of reasonable adjustment to local authorities and the Greater London Authority in respect of their disabled members.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disability Equality is an ongoing process, and Wokingham Borough Council  currently works closely in association with the Wokingham Ability Partnership and the local Access Group to ensure this actually happens.

If you would like to voice your views on Disability Equality please contact the council Access Officer.