Equality and Diversity graphic Disability

Overview

The Disability Discrimination Act 2005 received Royal Assent on 7 April 2005 and amends the existing Disability Discrimination Act to:

  1. create a new duty to promote disability equality for the public sector. This includes duties to promote positive attitudes towards disabled people, tackle all forms of harassment and bullying and promote participation in public life
  2. extend protection to cover people who have HIV infection, cancer and multiple sclerosis from the moment they are diagnosed
  3. remove the requirement that a 'mental illness' be 'clinically well-recognised'
  4. make it unlawful for operators of transport vehicles to discriminate against disabled people
  5. make it easier for disabled people to rent property and for tenants to make disability-related adaptations
  6. ensure that discrimination law covers all the activities of public authorities
  7. cover larger private members' clubs (i.e. those with 25 or more members)
  8. cover bodies that award general qualifications (like GCSEs and A Levels)
  9. protect disabled councillors against discrimination.

The government has produced an explanatory note on the Disability Discrimination Act 2005.

The duty to promote disability equality

The Disability Discrimination Act 1995 has been amended by the Disability Discrimination Act 2005, which places a general duty on the University to:

  1. Promote equality of opportunity between disabled people and other people;
  2. Eliminate discrimination that is unlawful under the Act;
  3. Eliminate harassment of disabled people that is related to their disability;
  4. Promote positive attitudes towards disabled people;
  5. Encourage participation by disabled people in public life; and
  6. Take steps to meet disabled people's needs, even if this requires more favourable treatment.

If a public authority does not comply with the general duty, its actions, or failure to act, can be challenged by means of a claim to the High Court for judicial review.

Further specific duties have been placed on the University to support us in meeting the general duty:

  1. To publish a Disability Equality Scheme, demonstrating how we intend to fulfil the general and specific duties;
  2. To involve disabled people in the development of the Scheme;
  3. To include in the Scheme a statement of:
  4. The way in which disabled people have been involved in the development of the Scheme;
  5. Our methods for impact assessment;
  6. Steps we will take towards fulfilling the general duty (the 'action plan');
  7. Our arrangements for gathering information relating to our functions as an employer and a place of education and research
  8. Our arrangements for putting the information gathered to use, in particular reviewing the effectiveness of our action plan and in preparing subsequent Disability Equality Schemes.
  9. Within three years of the Scheme being published, to take the steps set out in our action plan and put into effect our arrangements for gathering and making use of information; and
  10. To publish a report summarising the steps taken under the action plan, the results of our information gathering and the use to which we have put the information.
The Commission for Equality and Human Rights (CEHR) can serve a compliance notice on any public authority that does not comply with the specific duties. If, after three months, the Commission for Equality and Human Rights is still dissatisfied with the level of compliance, it may apply to the county court.  (Please note, as of 1 October 2007, the Commission for Equality and Human Rights became the new body incorporating the old Disability Rights Commission, as well as other Commissions.  See our Latest News section for more information.)

New code of practice for post-16 education regulations

New regulations under the Disability Discrimination Act (1996) (DDA) for post-16 education came into force on 1 September 2006. The Commission for Equality and Human Rights has produced a revised Code of Practice for Providers of Post-16 Education, which provides guidance on the interpretation of the new duties.