Emma Allen Outreach Caseworker

1. What is the DED? Emma AllenOutreach Caseworker 14 March 2008

2. Disability Discrimination Act (DDA) • What does this mean? • Disability Discrimination Act 1995 is a law that was passed by Government to stop discrimination against people with a disability. • What is a disability? • “…a person has a disability for the purpose of this Act if he has a physical or mental impairment which has a substantial and long-term adverse affect on his ability to carry out normal day to day activities. © RNID Casework Service 2008

3. Disability Deafness and hearing loss Cancer HIV/AIDS Dyslexia Mental Health related issues Blind/Partially sighted Deafblind Wheelchair user and other mobility impairment © RNID Casework Service 2008

4. What does the DDA cover? • Employment • Goods, Facilities and Services • Public Functions • Buying/Renting Land or Property • Education • Transport © RNID Casework Service 2008

5. What is the difference between DDA and DED? • The DDA 1995 gives rights and protection to individuals. This means that you have to actually experience specific discrimination before you can take action. • The DED is a way to promote disability equality. It deals with the underlying causes of discrimination – not only the effects of discrimination on specific disabled individuals. • There are two parts: the general duty and the specific duty © RNID Casework Service 2008

6. Aim of the DED • To get public authorities to think and act proactively on disability equality issues from the start – promote disability equality – eliminate discrimination • The DED aims to help public authorities see where unnecessary barriers stop equal participation by disabled people who use their services, as well as current or potential disabled employees • Changing from medical model view of disability to social model – making changes to focus on barriers that disabled people face e.g. inaccessible transport, housing, education provision. © RNID Casework Service 2008

7. Q: What is the DED? • A: This duty says that public sector bodies must give due regard to promoting equality for, and eliminating discrimination against, disabled people, in every part of what they do. © RNID Casework Service 2008

8. Q: Why do we need it? • A:Disabled people often experience discrimination and disadvantage because public authorities do not take account of their needs. • Disabled people do not always have the same opportunities as non-disabled people. This is because society creates barriers. • The DED helps public authorities to break down barriers for disabled people in society. © RNID Casework Service 2008

9. How will the DED tackle discrimination? • A: The DED makes public authorities consider disability equality at all stages. • It means that public authorities have to build equality for disabled people into everything they do. This puts equality at the heart of what an authority does – rather than thinking about equality once the service or policy has been created. • Public authorities should build in equality – not bolt it on later. © RNID Casework Service 2008

10. Who is subject to the DED? • ALL public authorities have a general duty. • Many public authorities also have specific duties. • Specific duties apply to a broad range of authorities who have been listed: local authorities, inspectorates, government departments, educational providers. • The duties help authorities to meet the general duty. © RNID Casework Service 2008

11. How is the General Duty being met? • Promoting equal opportunity • Eliminating unlawful discrimination • Eliminating harassment • Promoting positive attitudes • Encouraging disabled people to participate in public life • Taking steps to take account of a person’s disability – even if it means treating them more favourably. © RNID Casework Service 2008

12. Specific duties (DED) • Authorities have to: • publish Disability Equality Scheme, • involve disabled people in developing and implementing scheme, • take the steps in action plan within 3 years of publication, • publish an annual report. © RNID Casework Service 2008

13. Examples of good practice – eliminating the barriers for deaf and hard of hearing people • Partnership working with other PA’s • Implement staff training – Communication tactics • Clear link between disabled people’s input and action • Diversity amongst disabled people • Introduce different monitoring mechanisms • Covers all roles and functions • Shared responsibility © RNID Casework Service 2008

14. Disability Equality Impact Assessments • Impact assessments will be part of a Disability Equality Duty. • They help an authority identify where the ways it operates may have a negative effect on disabled people. • This helps the authority to identify problems and plan how to change a policy or practice to stop these happening. • Impact assessments can include looking at existing policies. © RNID Casework Service 2008

15. Action Plan • Priorities of disabled people as elicited through involvement • The strategic priorities of the PA • Evidence of where the problems and priorities lie • Specific outcomes which the PA wishes to achieve to promote disability equality set out against a realistic timescale • Measurable indicators of progress towards those outcomes • Lines of accountability © RNID Casework Service 2008

16. Who enforces the DED? • Individuals can enforce the general duty through legal action called judicial review • Only the Equality and Human Rights Commission (EHRC) can enforce the specific duties. © RNID Casework Service 2008

17. Where to get more information on the DED • For information on the DED, go to: • www.dotheduty.org • www.equalityhumanrights.com • www.officefordisability.gov.uk © RNID Casework Service 2008

18. Contact RNID • RNID Information Line • 0808 808 0123 (voice) 0808 808 9000 (text) • Email:informationline@rnid.org.uk • Website: www.rnid.org.uk • Aeroworks, 5 Adair Street, Manchester. M1 2NQ • 0161 276 2322 (voice) • 0161 276 2313 (text) • Emma.allen@rnid.org.uk © RNID Casework Service 2008