Disability Equality Schemes

NADP DES Conference16 September 2009

Amy Bryant, Senior Policy Adviser, ECU

Outline of session

ECU: who we are and what we do The Disability Equality Duty (DED): the legal

framework Learning from Wales:  transferable learning

from the HEFCW evaluation of Welsh Schemes Single Equality Schemes A look to the future:  disability equality and the

Equality Bill   Key resources

Equality Challenge Unit (ECU)

Established in 2001 to promote equality for staff in higher education in the UK

Remit extended in 2006 to include students Funded by the 4 UK higher education funding

Councils, Universities UK and GuildHE 15 staff, based in London

ECU Remit

Equality Challenge Unit supports the higher education sector to realise the potential of all staff and students whatever their race, gender, disability, sexual orientation, religion or belief, or age, to the benefit of those individuals, higher education institutions and society.

The Disability Equality Duty: the legal framework The Disability Equality Duty (DED) was introduced in

December 2005 by an amendment to the Disability Discrimination Act 1995 (DDA)

Law requires a cultural change Two statutory components for HEIs:

– A general duty; and– A specific duty to create and publish a Disability

Equality Scheme

General duties

1. Promote equality of opportunity between disabled persons and other persons

2. Eliminate discrimination that is unlawful under the Act

3. Eliminate harassment of disabled persons that is related to their disabilities

General Duties continued:

4. Promote positive attitudes towards disabled people

5. Encourage participation by disabled persons in public life

6. Take steps to take account of disabled persons’ disabilities; even where that involves treating disabled persons more favourably than other persons

Specific Duties

To develop and publish a Disability Equality Scheme (DES) which requires:– Outlining HEI approach to disability equality– Involving disabled people – Impact assessing policies and practices – Information gathering and analysis– Action planning– Annual reporting– 3-yearly revisions of the Scheme

HEI approach to disability equality

Introduction to Scheme (Code 3.26):– Demonstrate HEI commitment to the General Duties – Outline a strategic approach to how duties will be met– Demonstrate how the HEI considers disability equality

in all its policies, practices and decision-making– Demonstrate senior management commitment and

endorsement of Scheme – Determine approach – social model?

Involving disabled people (1)

Provide an involvement statement: (Code 3.27) Description of range of involvement mechanisms

used– How and when disabled people have been able to

contribute directly to the DES– The range of disabled people and their organisations

that have been involved Show commitment to involving disabled people and

an understanding of what this entails

Involving disabled people (2)

– Where involvement has been difficult, plans for improving this in the action plan

– Where contributions from disabled people have been disregarded, this should be explained

– The contribution of senior management have made to the involvement process

Impact assessment(Code 3.28)

Process to ensure disabled people are not disadvantaged by HEI policies and encourage General Duties to be built into policies from the outset

Differential impact and treatment of disabled people How will Scheme itself be impact assessed? Publish assessments in accessble location Involve disabled people Refer to: www.ecu.ac.uk/publications

Information gathering and analysis (Code 3.72)

The Regulations require HEIs to gather information on:– Recruitment, development and retention of disabled

employees– Educational opportunities available to, and the achievements

of, disabled students Use data gathered to inform development of action plan,

annual review and revised Scheme Note: Data gathering on service functions meeting

disabled people’s needs is not legal requirement for HEIs, however, it is difficult to meet General Duty without monitoring this information

Action Planning (1)(Code 3.43)

The Equality and Human Rights Commission (EHRC) 2009 recommends:

“Plans should be linked to the strategic priorities (of the HEI), including business milestones and major projects over the Scheme’s three-year lifespan. Actions need to be based on specific, measurable outcomes and have realistic timescales”

Action planning (2)

Outline the steps proposed to fulfil the General Duty to take into account interests of:– Disabled staff– Disabled students (including distance learners)– All other relevant groups e.g.

• Disabled Visitors (parents etc)• Disabled Local community

Priorities should reflect disabled people’s priorities via involvement exercises

Action planning (3)

Include clear time scales for completion of targets Indicate who has responsibility and accountability What financial resources are required – and where

from (central or departmental budget?) Consider and outline how action plan outcomes will

be monitored and by whom Outline how data collected will be used in ongoing

way to inform action planning

Annual reporting

Important opportunity to review effectiveness of the action plan

Publish annual reports by December each year which show:

• Steps taken to fulfil the General Duty (the action plan)

• Results of information gathering and use made of the data

• Whether action plan is meeting its targets, and if not an explanation of future work and revised targets

Revising the Scheme

Initial Scheme was required by 4 December 2006

Subsequent Schemes to be published at least every three years

Revision requires all components of the original Scheme, including involvement of disabled people

Learning from Wales (1)

HEFCW’s review of 11 Welsh HEIs Stage 1: Desk based assessment of each HEI’s

compliance with the General and Specific Duties (review of the Scheme, action plan and annual reports)

Stage 2: Follow-up institutional visit to interview key staff and disabled students and staff

Findings: DES documentation did not always reflect the full range of practice within each HEI

Learning from Wales (2)

3 main areas of non-compliance:– Collection, analysis and use of information in

development of schemes, plans and annual reports– Involvement of disabled people in all aspects of the

Scheme and demonstration of how involvement informed the Scheme

– Execution and publication of impact assessments

Learning from Wales (3)

Those with comprehensive Schemes:– Identified all relevant stakeholders to the HEI– Contextualised approach using Social Model of

Disability– Aligned action plans to HEI strategic aims and had

endorsement by Vice Chancellor to encourage ownership across the whole HEI

– Made use of creative involvement activities

Learning from Wales (4)

Comprehensive Schemes continued:– Published Scheme and action plan in user-friendly

format, avoided jargon and unnecessary complexity– Creative marketing strategies included dissemination

through a variety of channels including Students’ Union– Summaries provided (e.g. to include with job

applications) to make the Scheme a live document

Single equality schemes

– Combining race, disability and gender duties into one Scheme

– Each duty (although broadly similar in intention) has different requirements

– SES needs to meet both the general and the specific requirements of the Race, Disability and Gender Equality Duties.

– Refer to ECU SES guidance for more information

Single Equality Duty and the Equality Bill

Equality Duty will not come into force until April 2011 (if Bill passed)

No requirement to produce a Single Equality Scheme (SES)

Government proposes equality objectives No current process to implement objectives A need to remain compliant with existing Equality

Duties for Race, Gender and Disability

A look to the future:

Public Sector Duty and the Equality Bill will require:– Elimination of discrimination, harassment, victimisation

and any other conduct that is prohibited by the Equality Bill

– Advancement of equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it

– Fostering good relations between persons who share a relevant protected characteristic and persons who do not share it

Protected Characteristics and the Equality Bill

Equality Bill has 9 protected characteristics:

Age Disability Gender reassignment Marriage and Civil partnership Pregnancy and maternity Race Religion or belief Sex Sexual orientation

Note: Marriage and Civil partnership are protected characteristics in the Equality Bill but are not covered by the Equality Duty

Resources (1)

Legislation:– General Duty: See section 49A(1) Disability Discrimination Act 1995

(as amended)– Specific Duties: The Disability Discrimination (Public Authorities)

(Statutory Duties) Regulations 2005 (Statutory Instrument 2005 No. 2966)

Codes of Practice:– England & Wales:

http://www.equalityhumanrights.com/uploaded_files/the_duty_to_promote_disability_equality_statutory_code_of_practice_england_and_wales.pdf

– Scotland: http://www.equalityhumanrights.com/uploaded_files/the_duty_to_promote_disability_equality_statutory_code_of_practice_scotland.pdf

Resources (2)

ECU Briefing Note:– Reviewing Disability Equality Schemes:

www.ecu.ac.uk/disability

HEFCW evaluation of Welsh HEI Disability Equality Schemes:

– To be available from HEFCW website: www.hefcw.ac.uk

DRC guidance for Vice Chancellors:– http://83.137.212.42/sitearchive/drc/library/publications/

disability_equality_duty/further_and_higher_education.html

Resources (3)

Single Equality Schemes:– www.ecu.ac.uk/publications/legislative-requirements-

checklist-for-single-equality-schemes – http://www.ecu.ac.uk/your-questions/do-the-

governments-proposals-for-the-new-equality-duty-affect-our-plans-to-develop-a-single-equality-scheme

Equality Bill:– http://www.ecu.ac.uk/our-projects/equality-bill

Resources (4)

EHRC (2009) Briefing on DES:– http://www.equalityhumanrights.com/uploaded_files/

PSD/des_general__guidance.doc

Any questions?

7th Floor Queens House 55/56 Lincoln's Inn Fields

London WC2A 3LJ

Tel: 0207 438 1010 Fax: 0207 438 1011

www.ecu.ac.uk Amy.Bryant@ecu.ac.uk