Purpose of the Training
Give an overview of the DDA
Introduce a process for identifying discriminatory practice
Identify process for resolving problems of discrimination
Medical Model
My impairment is the focus, therefore it is my problem. It is about what I cannot do in the same way as another person, what I am unable to access because of my impairment and implies that I am fundamentally different from other people.
Social Model
Disability is not caused by my impairment, but by the way in which society fails to meet my needs.
The Different Perspectives
Disability in the UKDisability in the UK 11 million “disabled” adults = 17% of
the population
1 in 4 will at some stage in their life be disabled
the DDA introduces a new “definition” of disability - much wider in scope
25% of the population could be covered by the DDA
•Physical
wheelchair user
ambulant disabled• Reading Difficulties
Dyslexia
• Visually impaired/poor vision
• Deaf or hard of hearing• Mental illness• Arthritis
600,000
Unknown
2.5 to 6 million
2.5 to 3 million
8.5 million - 1 in 7
(300,000)
15+ million - 1 in 4
over age 55 - 1 in 3
Statistics Permanent Need
Universal Need
One in Seven Adults in the UK Has an Impairment -
Disfigurement MentalHealth
Difficulty
LearningDifficulty
Visual Impairment
Hearing Impairment
Mobility Impairment
and it is not always ‘obvious’...
The Disability The Disability Discrimination Act 1995Discrimination Act 1995
Received Royal Assent on the 8th November 1995
Outlaws discrimination against disabled people in recruitment and employment and in the provision of goods, facilities and services
Disability Discrimination Act 1995
• Part l - definition of disability
• Part ll - employment issues
• Part III - access to goods, facilities and services
• Part lll - selling and letting of premises
• Part lV – education (SENDA)
• Part V - transport vehicles
• Part Vl - National Disability Councils (DRC)
• Schedule Vlll - modifications to cover Northern Ireland
Part III of the DDA - Currently in Force from December 1996
Making it unlawful to: refuse to serve a disabled person provide a service to a disabled
person on less favourable terms provide a service to a disabled
person in a less favourable manner
- unless it can be “justified”
Part III of the DDA - The Later Rights of Access
From October 1999, service providers are required to:From October 1999, service providers are required to:
• take reasonable steps to change any policies, procedures and practices which make it impossible or unreasonably difficult for disabled people to make use of a service
• take reasonable steps to provide auxiliary aids or services which will enable disabled people to make use of a service
• take reasonable steps to provide the service by a reasonable alternative method, where physical barriers make it impossible or unreasonably difficult for disabled people to use a service
Part III of the DDA – Part III of the DDA – Not Yet in Force Not Yet in Force
From 2004 service providers will be required to:
• take reasonable steps to remove, alter, or provide reasonable means of avoiding physical features which make it impossible or unreasonably difficult for disabled people to use a service
Has Discrimination Occurred?Has Discrimination Occurred?
Step 1: Does the service user meet the Act’s definition of disability?
Step 2: Is the service excluded from the Act?
Step 3: Has the disabled person received less favourable
treatment and/or has there been a failure to make a reasonable adjustment?
Step 4: Can the service provider justify the treatment and/or is the failure to make a reasonable adjustment justifiable?
Step 5: Resolving the problem
Does the service user meet the Act’s definition of disability?
“Any physical or mental impairment which has a substantial and long term adverse effect on the ability to carry out normal day-to-day activities.”
Impairment (physical, sensory, learning, mental health)
Substantial (not trivial)
Long term (12 month criteria)
Adversely Affect Normal Daily Activities
Normal Day to Day Activities
mobility manual dexterity physical co-ordination continence ability to lift, carry or otherwise move
everyday objects speech, hearing or eyesight memory or ability to concentrate, learn
or understand perception of the risk of physical
danger
Are the following considered as ‘being Are the following considered as ‘being disabled’ under the DDA?disabled’ under the DDA?
someone who walks with sticks someone who has breast cancer someone who has tattoos someone who is registered blind someone diagnosed as HIV + someone who had kidney failure 1 year ago someone who is addicted to alcohol someone who has arthritis someone with a past history of mental illness someone who is hearing impaired, but who’s
hearing is corrected by a hearing aid someone who has epileptic seizures that recur
from time to time
Discussion PointDiscussion Point
If an older person were to come into your office with a complaint about discrimination, how would you identify whether or not they are disabled?
Is the service provider excluded from the Act?
All providers of goods, facilities and services to the public (within the UK) are covered under
Part III of the Act unless specifically excluded.
EXCLUDED goods, facilities and services:
transport vehicles
education (Covered under SENDA)
private clubs
‘‘Goods, Facilities and Services’ Goods, Facilities and Services’ to the Publicto the Public access to and use of any place the public is allowed
to enter access to and use of means of communication or
information services accommodation in a hotel, boarding house or other
similar establishment facilities by way of banking, insurance, grants, loans,
credit or finance facilities for entertainment, refreshment or recreation services of any profession or trade, or any public
authority facilities of employment agencies services paid for or for free
Are the following services/service providers covered by the DDA?
a railway station ticket office a hospital a cinema a golf club an estate agency a church or other place of worship a university course a taxi a PTA meeting advice centres a bus a leisure centre
Has the disabled person received less favourable treatment and/or has there been a failure to make a reasonable adjustment?
Did the disabled person receive less favourable treatment?
Was it impossible or unreasonably difficult for the disabled person to use the service?
Was a reasonable adjustment made to remedy the situation?
“Less Favourable Treatment”
• a refusal of a service• a service on worse terms• a service in a lower standard or worse
manner
and
was the less favourable treatment related to the person’s impairment?
The Pub
In order to be less favourable, the treatment must be related to the person’s disability. This means that if the person did not have that disability, he would not have behaved in that particular way and would not have been refused service.
This example introduces a critical issue about the connection to the person’s disability and the comparison to other people to whom that reason does not apply.
The Opera House...
The service could not have been provided to anyone
The Nightclub...
The nature of the service would be fundamentally altered
Discussion Point
Making a “reasonable adjustment”
Duncan is deaf. He wishes to travel to Glasgow by train and when he approaches the railway station’s ticket office he is unable to understand the ticket office assistant. He requires a loop system to communicate effectively. Is the station excluded from the Act?
Discussion Point
A Council Tax Office has a public enquiry service that is located on the third floor of the building with no lift access. A woman with a severe mobility disability is unable to negotiate the stairs and complains that she is not able to make use of the service.
The biggest misunderstandingrelated to this part of the
Act is likely to concern the need for physical access.
It is the service that is required to be accessible - not the
premises (yet...)
Justifications for Less Favourable Treatment health or safety risk to anyone, including the
disabled person where the service could not have been provided
at all to other people necessary to provide a service at all to the
disabled person because of the cover the greater cost inability to enter into an enforceable agreement
or give informed consent where a reasonable adjustment would
fundamentally alter the nature of the business or service
when it is a threat to national security
Resolving the Problem
•Who is responsible?•What outcome is wanted?
Alternative DisputeResolution (DRC)
Court Action
Barriers Faced by Disabled People
AttitudinalMaking assumptions about disabled people;
prejudice, ignorance, lack of education, fear, indifference and labeling a disabled person which obscures his/her attributes...
EnvironmentalObstacles which prevent the free movement of disabled people from place to place;
inaccessible transport, lack of appropriate allocated parking, travel announcements made verbally over loudspeakers...
OrganisationalPolicies and procedures which exclude disabled people;
not taking into account individual capabilities, regulations which are inflexible and unthinkingly applied
High-level overview of progress against schedule– On-track in what areas– Behind in what areas– Ahead in what areas
Unexpected delays or issues
Key Points in Working to Remove the Barriers
appreciate the strengths of disabled people as individuals
recognise the importance of disabled people as customers (up to 25% of the market)
understand needs of disabled people as individual customers and service users
communicate and involve disabled people in breaking down barriers
avoid stereotypes, assumptions, myths and misconceptions
LanguageLanguage communicate naturally
try and avoid using labels
if a description is needed, use ‘disabled person’ or ‘person with a disability’ (‘the handicapped’ or ‘crippled’ are inappropriate)
try “non-disabled” instead of “able-bodied”
avoid referring to a person by the condition they have, e.g. don’t say “an epileptic”; say “a person with epilepsy”