The Act also allows
the government to set minimum standards so that disabled people can use public
transport easily.
The
Disability Discrimination Act (DDA) 1995 aims to end the discrimination that many
disabled people face. This Act gives disabled people rights in the areas of:
Definition
of 'disability' under the Disability Discrimination Act (DDA)
The
Disability Discrimination Act (DDA) defines a disabled person as someone who has
a physical or mental impairment that has a substantial and long-term adverse effect
on his or her ability to carry out normal day-to-day activities
The
definition
For
the purposes of the Act:
Substantial
means neither minor nor trivial
Long
term means that the effect of the impairment has lasted or is likely to last for
at least 12 months (there are special rules covering recurring or fluctuating
conditions)
normal
day-to-day activities include everyday things like eating, washing, walking and
going shopping
a
normal day-to-day activity must affect one of the 'capacities' listed in the Act
which include mobility, manual dexterity, speech, hearing, seeing and memory
Some
conditions such as a tendency to set fires and hay fever, are specifically excluded.
Provisions
allow for people with a past disability to be covered by the scope of the Act.
There are also additional provisions relating to people with progressive conditions.
The
DDA 2005 amends the definiton of disability, removing the requirement that a mental
illness should be 'clinically well-recognised'.
People with HIV, cancer and multiple sclerosis will be deemed to be covered by
the DDA effectively from the point of diagnosis, rather than from the point when
the condition has some adverse effect on their ability to carry out normal day-to-day
activities.
Getting
hold of a copy of the Disability Discrimination Act 2005 The Act can be viewed
from the website below:
Disability
Discrimination Act 2005 (opens new window)
©
Crown Copyright 1995 - jml
Property Services hold a Core Licence C02W00008738**
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Rental
Properties in the private sector - Disability Discrimination Act 2005
- Legislation will come into force on the 6th December 2006 aimed specifically
at the services connected to the provision of housing in the private rented sector
as well as issues relating to the property itself. The relevent clauses of the
Act are in Chapter 13, section 13, clauses 24(a) to 24(k).
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New
Code of Practice on Disability Discrimination - A new code of practise from
the Disability Rights Commission has been put before Parliament
for consideration. The Code will give practical guidance on the application of
the provisions of the Disability Discrimination act that comes into force in December
2006. The Disability Rights Commission has revised the existing guidance on the
Disability Discrimination Act for providers of goods, services and facilities
to include the new duties on public authorities, landlords and private members
clubs.
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Fact
Files
PainSmith
Solicitors Legal Update - 07
October 2005
The
Disability Discrimination Act 2005
The
Disability Discrimination Act 2005 (DDA 2005) changes the way that landlords
and their agents will be required to react to disabled tenants. While much of
these changes do little to alter the fundamental requirement for the landlord
to respond positively to “reasonable” requests they do shift the burden somewhat
in both evidence and monetary terms. For full article
Click Here. This article appears as a PDF - The
free Adobe Acrobat Reader is available to download direct from Adobe by following
the link.
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Implementation of The Disability Discrimination Act 2005
The Statutory Instruments implementing the Disability Discrimination Act 2005(DDA)
in respect of rented accommodation have now been laid before Parliament.The Disability
Discrimination (Premises) Regulations 2006 confirm that these provisions will
come into force as from 4 December 2006 and provide further clarification of how
the Act will be implemented in respect of residential premises. For full article
Click
Here
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Provisions
of The Disability Discrimination Act 2005 The Disability Act 2005 builds on
and extends earlier disability discrimination legislation, principally the Disability
Discrimination Act 1995. The Acts aim to end discrimination against disabled people
in a range of circumstances, including in employment, education and the provision
of goods and services. For instance if a student with a personality disorder was
refused entry to college on the grounds that her disability may make her disruptive,
then this may amount to unlawful disability discrimination, unless it can be justified.
For full article Click
Here
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Disability
Discrimination Act and Stairs - 23 May 2007 A
recent case before the court of Appeal has clarified the position regarding the
Disability Discrimination Act (DDA) and it application to residential premises.For
full article Click
Here
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Implementation
of the Regulatory Reform (Fire Safety) (England & wales) Order 2005 The
Regulatory Reform (Fire Safety) (England & Wales) Order 2005 came into force
on the 1st October 2006. This order brings together a large amount of legislation
relating to obligations to make premises fire safe For full article Click
Here
Dr
David Smith is a trainee solicitor with PainSmith Solicitors, a niche practice
specialising in residential landlord and tenant law. He can be contacted on 01420
565310 or by email at david@painsmith.co.uk. If you
wish to subscribe to the free legal updates service then you should email update@painsmith.co.uk
with the phrase "subscribe updates" in the subject of the email.
PainSmith
Solicitors Legal Updates are provided for information only and are
not legal advice. If you do have a legal problem, you should talk to a lawyer
or adviser before making a decision about what to do. You may wish to use the
CLS/CDS Directory (www.justask.org.uk/public/en/directory)
to locate an adviser. The information provided here is written for people resident
in, or affected by, the laws of England and Wales only. You should note that date
given in the update and be aware that the information given may become inaccurate
due to changes in the law or its implementation.
©PainSmith
Solicitors
Information
supplied by PainSmith Solicitors who are a niche practice
specialising in Landlord and Tenant Law. Based in Medstead in Hampshire, they
are ideally situated to provide an efficient service to clients nationwide as
well as those based in Central London and the Home Counties.
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New
legislation to transform public services for disabled people - December 2006 News
Release from Alyson Rose in the DRC Press Office
Approximately
45,000 public bodies will be affected by new legislation introduced on 4 December
that is set to transform the lives of one in five Britons.
The
new Disability Equality Duty (the DED) will affect the way public authorities
run and plan their services for the 10 million people who have rights under the
Disability Discrimination Act. The DED is similar to the race equality duty introduced
by the Race Relations (Amendment) Act.
The
Disability Rights Commission (DRC) had been urging the government to introduce
the new duty since 2000. The DRC’s Chairman Bert Massie said today: “The Disability
Equality Duty will have a major impact on the lives of disabled people and will
radically shift the way public authorities deliver their services.
“Public bodies – from the local library to the NHS – will have to consider what
disabled people need when planning their services. This is a step-change away
from individual disabled people having to complain about discrimination after
an incident has taken place.”
The
new duty has been introduced to tackle the endemic discrimination faced by disabled
people and those with long-term health conditions. For example, disabled people
are less likely to receive a full education, less likely to get a job, more likely
to be discriminated against in the health service and to be a victim of crime
than non-disabled people.
DRC
Chairman Bert Massie continued: “The DED will help public bodies become more efficient
and save money because it involves providing services that disabled people need.
Those who fail to meet their new legal duties risk facing us in court.
“Ensuring that disabled people’s needs are thought of at the beginning of policy
and service development will help enhance the service that many disabled people
receive. Next February, the DRC is unveiling a new agenda aimed at breaking the
cycle of persistent exclusion and discrimination that still blights many disabled
people’s lives.”
Publicly
funded organisations with specific duties under the DED need to publish a Disability
Equality Scheme that shows how they intend to fulfil the new duty. The scheme
– which has to be published by 4 December – needs to show how a public body intends
to eliminate unlawful discrimination and promote equality of opportunity. The
DRC will be scrutinising these schemes from 5 December 2006.
The
Disability Equality Duty is contained in the Disability Discrimination Act 1995,
as amended by the Disability Discrimination Act 2005. Alyson Rose in the DRC Press
Office
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Public
sector professions fall foul of anti-discrimination laws says DRC - 18-12-06 News
Release from Will Dingli in the DRC Press Office
Current
guidelines used to determine whether people can train and practise as teachers,
nurses and social workers are likely to fall foul of anti-discrimination laws,
an independent legal review reveals today.
The
review forms part of the Disability Rights Commission’s (DRC’s) investigation
into the legal framework governing entry and progress in nursing, teaching and
social work. The review also found significant variations in the criteria used
for entry in the three professions in Scotland, England and Wales.
In the first assessment of its kind to examine the criteria used to determine
entry to the professions against the requirements of the Disability Discrimination
Act (DDA), the review found that there was no recognition of the DDA in some sectors’
statutory documents. This is despite the fact that the regulations governing training
and entry were compiled after 1995 – the year the DDA was passed by Parliament.
The
review also found that ‘health’ and ‘fitness’ are defined in a confusing variety
of ways across countries and sectors. In some cases, such as the teaching profession
in Scotland, the focus is on competence and conduct and not on attempting to define
and assess health.
Bert
Massie, Chairman of the DRC, said: “Our investigation has uncovered over 70 separate
regulations and pieces of guidance across these three sectors, yet the overwhelming
majority of them take no account of the DDA. This means that despite the minefield
of regulations governing teaching, nursing and social work, disabled people are
in severe danger of experiencing discrimination, both at the point of entry when
they undertake training and also later on, once they start working.”
Direct
discrimination under the DDA occurs when a disabled person is discriminated against
purely on the grounds of their disability. As much of the regulations and guidance
is very general (e.g. the Nursing and Midwifery Council rules call for someone
to merely be in ‘good health’) stereotypical assumptions can be made about a persons’
fitness to perform a role and this can result in direct discrimination.
As
part of its investigation, the DRC has uncovered case studies that highlight problems
of discrimination against disabled people. For example:
Philip
Stott, aged 40, from Warrington, Cheshire, said he experienced considerable discrimination
when he attempted to change profession and re-train as a teacher. This was despite
a positive occupational health assessment that said he was perfectly safe to teach.
Stott was injured in a motorbike accident when he was aged 18 which left his shoulder
at risk of dislocation.
Philip
said: “I told the college about my condition from the beginning, yet after the
first time my shoulder dislocated and I had to go to hospital to get it fixed,
they started saying ‘you can’t do this’ and ‘you can’t do that’. In the end they
prevented me from continuing on the course.”
Joanne
Harrison, aged 25, from Colchester, Essex, had always dreamed of becoming a social
worker, but was told she must drop her degree after being diagnosed with ME. Joanne
said she was devastated at the news: “They told me I was off the course just like
that. There was no warning, nothing. I tried to stand up for myself, my health
has greatly improved, but they disregarded all of that. The senior occupational
therapist wrote a really good letter saying how capable I was but they just disregarded
it completely.”
Stuart
Nixon, aged 42 and an NHS manager from Newport, Gwent, was diagnosed with MS aged
14 and went on to train as a nurse. Stuart was offered no support to manage his
condition while training and no support once he started work. Instead he was encouraged
to look at other areas of NHS employment. Stuart eventually decided to give up
nursing and re-train in general management. Stuart said: “I was asked to consider
whether nursing was an appropriate career for someone with MS simply because people
couldn’t see beyond my diagnosis. On the ward they only looked at five per cent
of my role which I couldn’t do, they didn’t see the 95 per cent that I could do.”
Bert
Massie concluded: "Disabled people want to make a contribution to Britain’s public
services, which employ millions of people and have an impact on all our lives.
These vital services benefit from diverse experiences and perspectives. We would
not accept any of these professions being all white, all male or all female. They
should not be no-go areas for disabled people either. Yet people who are disabled
or have long-term health conditions, as the cases we have come across illustrate,
are being denied opportunities to progress and these professions are all the poorer
for it.”
The
DRC’s year-long investigation is the most wide-ranging analysis of disability-related
fitness standards in the public sector that has been undertaken. The investigation
will conduct a legal review, two research projects, a call for evidence and run
an Inquiry Panel which will take oral evidence from organisations. The final report
is due in the summer of 2007.
1.
The definition of disability in the DDA covers people with physical, sensory and
mental impairments. It includes people with a range of health conditions such
as diabetes, epilepsy and long-term depression. Since December 2005, it has included
people with cancer, HIV and multiple sclerosis from the point of diagnosis. The
DDA calls for employers and training providers to make reasonable adjustments
for disabled people such as wheelchair access, grab rails, induction loops and
sign language interpreters.
2. The legal review, commissioned by the DRC and conducted by the legal firm Levenes,
is entitled ‘An analysis of the statutory and regulatory frameworks and cases
relating to fitness standards in nursing, teaching and social work’. It can downloaded
from the DRC’s website (see link below).
3.
‘Fitness Standards’ is the umbrella term used in the investigation to cover the
wide range of formal regulations along with the operation of policies, practices
and procedures that affect a persons’ ability to qualify, register and work in
a number of public sector professional occupations.
4.
A DRC study (Michael Hirst et al 2004) ‘The Employment of Disabled People in the
Public Sector: A Review of Data and Literature’ found that only 11% of working
age disabled people had public sector jobs compared with 18% of non-disabled people.
It also showed that in the public sector, disabled employees are less likely than
non-disabled employees to occupy higher-skilled professions such as nursing, teaching
and social work.
5.
Further details on the Fitness Standards Formal Investigation can be found at
www.drc-gb.org/fitness
6.
The DRC is an independent statutory body responsible for tackling disability discrimination.
We aim to bring about equality of opportunity and increased participation for
the 10 million people in Britain who have rights under the Disability Discrimination
Act.
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DRC
launches the Disability Agenda
- 14th February 2007
The
Disability Rights Commission launched the Disability Agenda on the 14th February
2007, which sets out the major challenges for public policy in respect of disabled
people and their families and recommendations for how to meet them.
Speaking
at the launch of the Agenda, Sir Bert Massie, DRC's Chairman said: "The positive
developments of the last decade have undoubtedly helped to create a more open
road for disabled people to be and do the things they want to in life.
But at the same time the public services, resources and support many require to
take up these new opportunities have either not materialised, remain at odds with
these goals or have gone into decline.
Many
disabled people have been invited to look up to the stars, only to find the ground
opening up beneath them. And this is why, just as the DRC has offered leadership
during the last decade, so with the launch of today's Disability Agenda we are
seeking to offer leadership for the next.
It
proposes reform and investment in our public services founded upon the principles
of dignity and respect and delivering the means for people to participate and
achieve their potential and to secure a healthy and prosperous life.
And
importantly it is also about refreshing our approach to disability equality fit
for a new era of leadership from the Commission for Equality and Human Rights".
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Please
see also
Courses
Fact
Files
Equality
Act 2010
Equality
Act - October 2010 Useful information for Employers
Disability
Rights Commission and Commission for Equality and Human Rights
What
is Workplace Bullying?
Commission
for Racial Equality new Statutory Code of Practice on Racial Equality in Housing
Equal
pay victory for women - October 2009 - jml Training Blog
Framework
for a Fairer Future – The Equality Bill Press Releases June 2008
Provisions
of The Disability Discrimination Act 2005
The
Racial and Religious Diversity that is Defining a Nation
The
Equal Opportunities Commission - Press Release
March 2007
Useful
Websites
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