Disability Discrimination Act (DDA) and Equality & Human Rights Commission (EHRC)

DDA

The DDA was passed by Parliament in 1995, with the intention of outlawing discrimination on grounds of disability by employers and providers of all types of service in the UK. Disability is defined in the Act as having "a physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal, day-to-day activities".

A deafened person is likely to be considered to have a disability if, for instance, they have difficulty participating in a conversation, or hearing speech clearly on the telephone.

The Act was passed in 1995 but it was brought into effect in stages, the final part being in April 2005. Where it is not practicable for an employer or service provider to provide exactly equal facilities for disabled as non-disabled people, they must make "reasonable adjustments" to their way of working, the training of their staff or the layout of their premises in order to minimise the disadvantage to anybody who is disabled. Updated information will be found in the Factsheets (see Factsheet 2).

The Act applies to all employers and service providers, who may be individuals, companies, public bodies or any other organisation. Their responsibility may be for their employees, colleagues, customers and anybody else who happens to be there.

The DDA 1995 was primarily aimed at private sector employers and service providers, but the Disability Discrimination Act 2005 extends some of its features into the public sector, including the requirement to make “reasonable adjustments”.

Disability Equality Duty

The 2005 Act designates a wide range of organisations as being Public Bodies, and then places on them a new Disability Equality Duty. This requires them to be proactive, not only in making their services more readily accessible to people with disabilities, but also in involving these people in the way the bodies are run. More detailed information can be found through the Equality and Human Rights Commission (EHRC). Various documents can be downloaded through the EHRC website.

The “general” duty applies to all public authorities - apart from a small handful of which have specific exemptions. It includes government departments, executive agencies and ministers, local authorities, governing bodies of colleges and universities, governing bodies of schools, NHS trusts and boards, police and fire authorities, the Crown Prosecution Service and the Crown Office, inspection and audit bodies and certain publicly funded museums. It also includes any organisation which exercises some functions of a public nature. Most public authorities will also have a set of “specific” duties which will help them to meet their overall general duty. A list of these public authorities is contained in a Statutory Code which can be found on the EHRC website.

The new duties under the 2005 Act became effective from 5th December 2006, and all of the major bodies to which the Act applies were required to publish a Disability Equality Scheme by 4th December 2006 showing how they will meet their obligations. These Schemes are public documents and should be available on request to any member of the public. The Schemes published by your local authority [all County Councils, District/Borough Councils, and Unitary Authorities are required to produce these Schemes] and by your local health service Primary Care Trust should contain a wide range of measures showing how these vital services are to be made more accessible to people with all forms of disability.

Equality and Human Rights Commission

The Equality and Human Rights Commission (EHRC), which replaced the Disability Rights Commission in 2007, covers discrimination in terms of sex, race and disability. See the EHRC website: EHRC publishes various helpful documents which may be downloaded (or ordered as a paper copy) from their website.

EHRC’s disability conciliation service offers an effective alternative route to court action, when a breach of the DDA may have occurred. Disability conciliation uses a rights-based approach that ensures settlements are quick and effective. The focus is on changes to practices, policies and procedures. It can lead to lasting change for disabled people and not just compensatory payments. The service is free, confidential and accessible, enabling disabled people to exercise their rights in relation to goods and services and post-16 education.

EHRC has extensive legal powers and a dedicated directorate of expert lawyers who are specialists in equality law. This means that the commission is well equipped to take legal action on behalf of individuals, especially where there are strategic opportunities to push the boundaries of the law. Where there are chances to create legal precedents or to clarify and improve the law, the commission will seek to do so.

Useful disability information can also be found on the Government website at http://www.direct.gov.uk/en/DisabledPeople/index.htm

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