From 4 December 2006 The Disability Discrimination Act (DDA) 1995 places a duty on all public bodies to promote disability equality. This will affect all public bodies from local councils to government departments, to universities and hospitals.
The Disability Equality Duty (DED) will require the public sector to actively promote disability equality and is a positive duty which builds in disability equality at the beginning of the process, rather than make adjustments at the end.
The DED has two components:
- General Duty Component - applies to all bodies carrying out a public function
- Specific Duty Component - is there to help listed public bodies carry out their General Duty.
The new duty requires public authorities to:
- Eliminate unlawful discrimination.
- Promote equal opportunities.
- Eliminate disability related harassment.
- Promote positive attitudes towards disabled persons.
- Encourage participation by disabled persons in public life.
- Take steps to meet disabled peoples needs, even if this requires more favourable treatment.
The Specific Duty sets out what public bodies should do to plan, deliver and evaluate action to eliminate discrimination. They should also promote equality and report on the activity which they undertake which should be set out in a Disability Equality Scheme (DES).
A DES sets out how a public body intends to address the strands contained in the new DED and must be supported by an action plan.
These schemes and action plans should:
- Identify the barriers faced by disabled people.
- Set priorities for action plans.
- Assist planning activity.
- Assess the impact of existing and proposed policies and monitor the success of initiatives undertaken.
- Review and revise the Scheme.
Bert Massie, Disability Rights Commission Chairman commented:
"The Disability Equality Duty is a new way for public authorities to tackle disability discrimination in a practical way by introducing policies that actively promote opportunities and so prevent discrimination taking place. By taking an organisation-wide approach you can achieve tangible outcomes and improvements for disabled people. It will need the personal commitment from the top of your organisation and will make a real, positive change to your employees and service users."
The Disability Rights Commission (DRC) has recently published guidance and information to support public authorities, disabled people and disabled people's organisations when implementing this new duty.
The guidance can be accessed by clicking the following link:
