THE DISABILITY DISCRIMINATION ACT 1995 (EXTENDED IN 2005) AN OVER VIEW OF THE MAIN FEATURES UNIT 2 TASK 4

DDA The DDA 1995 promotes the rights of people with disabilities and protects them from discrimination. Different sections of the Act came into effect at different times and in 2005, the DDA was extended and amendments made. More recently the Equality Act strengthens the DDA as it brings together other legislations to protect people from discrimination and promote equality. The DDA is now incorporated into the Equality Act 2010.

DDA The DDA is divided into different sections that each have a different focus. Part One defines disability. The 1995 Act defines a person as disabled if they have a physical or mental impairment that has a substantial, long term adverse effect on their ability to carry out normal activities. The impairment must cause significant and long term effects on the ability to carry out day-to-day activities. Mental impairment includes learning disabilities and mental illness. As a result of the 2005 Act, a mental illness no longer has to be “clinically well recognised”, which means that the Act now protects a wider range of people.

DDA – Part One Impairments include: Sensory e.g..... Fluctuating or recurring conditions, e.g... Progressive conditions, e.g... Cardiovascular diseases, e.g.... Developmental impairments e.g.... Mental impairments, e.g..... Impairments can have a physical and mental impact Some conditions, such as alcoholism, voyeurism and the tendency to set fires are excluded from the Act.

DDA – Part One Since the 2005 Act, people with cancer, HIV infection or multiple sclerosis, plus those certified as blind or partially sighted, are covered by the Act from the point of diagnosis. For all other conditions, the Act applies as soon as any impairment resulting from the condition first has some effect on the person’s ability to carry out normal day-to-day activities. The definition of disabled and disability includes people who have in the past been disabled but who have since recovered.

DDA – Part One The impairment must cause substantial effects, not minor or trivial ones. To be considered substantial, a number of factors must be considered. Time – does the impairment mean that things take longer to do? Cumulative effects – does the impairment effect more than one activity, e.g. Self care, travelling, cooking? Has the person had to change their behaviour to prevent or reduce the effects of the impairment on normal day-to-day activities? Does the environment have an impact on the way the impairment is disabling? Treatment – when assessing the impact of an impairment, any treatment is ignored. What is important is the impact of the impairment on the person’s ability to manage day-to-day activities. This does not, however, apply to sight impairments corrected by glasses or contact lenses. The adverse effects of the impairment must be long term (lasted for at least 12 months) or is likely to last, from the time of first onset, at least 12 months.

DDA – Part One To be considered as having an effect on normal day-to-day activities (these are the things we do regularly on a daily basis), the impairment must effect a person in at least one of the following ways: Mobility Manual dexterity Physical coordination Continence Ability to lift, carry or move everyday objects Speech ,hearing or eye sight Memory or ability to concentrate, learn or understand Perception of the risk of physical danger Note – the Equality Act removes this list, making it easier for a person to show that they are disabled.

DDA – Part two Part two prohibits discrimination in terms of the employment of disabled people. If someone with a disability applies for a job, it is unlawful for that person to be treated unfairly because they have a disability. Employers must make “reasonable adjustments”. This means that changes should be made to enable a person with a disability to be able to carry out their job role. The DDA permits favourable treatment of employees who are disabled.

DDA – Part Three Service providers (goods, facilities, services) must make reasonable adjustments to allow disabled people to use services. The Health and Social care sector provide services for those who need them. Some of these service users will have disabilities. The DDA makes it unlawful for: A service to be refused (not provided) A service to be of a lower standard Terms of the service to be less favourable

DDA – Part Four This part prohibits discrimination in relation to education. Schools cannot discriminate against a disabled student. He/she cannot be excluded, treated unfairly or disadvantaged. Schools must make reasonable adjustments to meet the needs of disabled students. What might these be?

DDA – Part Five This section establishes minimum access criteria for public transport. Taxis must allow disabled people to get in/out and travel in comfort. Those who cannot get out of their wheelchair must not be charged extra. Guide dogs must be accommodated. Trains, trams, tubes and guided buses and public service vehicles must allow access.

References Griffith, R and Tengnah, C. 2010. Law and professional issues in nursing. www.equalityhumanrights.com www.england-legislation.hmso.gov.uk/acts www.freelanceadvisor.co.uk