1. DDA for an Inclusive Society John Johnston Monday 8 January 2007

2. 2 Introduction The Disability Discrimination Act (DDA) 1995 The Disability Discrimination Act 2005 Part 2 – Employment Part 3 – Service Providers Reasonable Adjustments/Steps Inclusive Society/Environment Models of Disability

3. 3 The Disability Discrimination Act (DDA) 1995 Unlawful to discriminate against disabled persons in connection with: Employment Provision of goods, facilities or services Disposal or management of premises, i.e. buying or renting of land or property Employment of disabled persons Establishment of a National Disability Council (DRC)

4. 4 The DDA 1995 Part 1Disability Part 2Employment Part 3Discrimination in other Areas Part 4Education (SENDA 2001) Part 5Public Transport Part 6National Disability Council Part 7Supplemental Part 8Miscellaneous

5. 5 The Disability Discrimination Act 2005 Disability Equality Duty (DED) – 4 December 2006 – aimed at promoting disability equality across the public sector – production of a Disability Equality Scheme, which they must now implement. Public transport – timeframes set. Discriminatory advertising, i.e. newspapers – liability on publisher and person placing the advert. Part 3 of DDA 1995 – now includes private clubs with 25 or more members. Definition of a disability extended – mental illnesses, HIV infection, multiple sclerosis, or cancer.

6. 6 Part 2 - Employment Made it unlawful to discriminate against disabled people in relation to recruitment and employment. Reactive, not an anticipatory duty.

7. 7 Part 2 – Employers May Consider… When making a reasonable adjustment for an employee or potential recruit: –Will it help? –Is it practicable? –Cost and disruption. –Resources available. –Financial assistance available.

8. 8 Part 3 – Service Providers Duties are anticipatory, evolving and continuous. A service provider has a duty to make reasonable steps to: –Change policies, practices and procedures. –Provide auxiliary aids and services. –Overcome physical features (barriers to access).

9. 9 Overcoming Barriers to Access Remove the feature Alter the feature Avoid the feature Alternative means

10. 10 Reasonable Steps According to the DRC code of practice for service providers, these factors will be taken into account: Effectiveness of measure Practicability Cost Extent of disruption caused Extent of resources available Amount already spent Availability of grants

11. 11 Inclusive Society/Environment Accessibility 4 ALL Breaking down the barriers between ‘regular’ and ‘specialised’ provision. Responding to the greatest diversity of human need possible.

12. 12 Medical Model of Disability Wants to find a cure Can’t use hands Disabled Person ‘Confined’ to a wheelchair Has fits Can’t see or hear Can’t walk Needs carers and help Is sick/ill Can’t understand written information Has a bitter attitude Can’t get up steps Is ‘housebound’ Is too short to reach What is the solution? Change the person to make them fit in?

13. 13 Social Model of Disability Bad design Inaccessible transport The Disabling World segregation No allocated parking spaces Poverty and low income No handrails or colour contrasting Isolation Written information in inaccessible formats Prejudiced attitudes No lift access Poor job prospects Patronising attitudes Stereotyping and assumptions What is the solution? Change the environment to remove the barriers. No sign language interpreters

14. 14 Models of Disability Medical model = the person is the problem. –Determines what a person cannot do due to their medical condition. –An assumption is made that a disabled person functions at a lower level than an able bodied person, that he/she is deficient and will need help to function satisfactorily. Social model = the environment is the problem. –Holds that it is society at large that most disables an individual.

15. 15 Summary DDA 1995/2005 Part 2 – Employment - Reactive Part 3 – Service Providers - Anticipatory Reasonable Adjustments/Steps Inclusive Society/Environment – Accessibility 4 ALL

16. 16 Questions?