Disability Equality Duty for local authorities Corporate Equalities Co-ordinator / Cydlynydd...

Disability Equality Duty for local authorities

Corporate Equalities Co-ordinator / Cydlynydd Cydraddoldebau Corfforaethol

Corporate Services / Cyfarwddwr Gwasanaethau Corfforaethol

Appendix 3

Existing duties on employers under Disability Discrimination Act

Not to treat disabled people less favourably for a reason related to their disability. To make reasonable adjustments to the working environment that place a disabled person at a substantial disadvantage.



Existing duties as a service provider under Disability Discrimination Act To take reasonable steps to change practices, policies and procedures which make it impossible or unreasonably difficult for disabled people to use a service; To provide auxiliary aids or services which would enable disabled people to use a service and overcome physical barriers by providing a service by a reasonable alternative method;To take reasonable steps to remove, alter or provide means of avoiding physical features that make it impossible or unreasonably difficult for disabled people to use a service;



New Public Sector duties under Disability Discrimination Act 2005 Builds on DDA Not about new entitlements Provides a new approach – proactive not reactive; About the council doing what we do better Focus on organisational change not individual adjustments Tool for tackling ‘institutionalised discrimination’ and achieving social justice



Institutionalised discrimination in the UK Up to 11 million disabled adults in UK (1 in 5). 770,000 disabled children in UK 3 million on disability related benefits in UK More likely to live in poverty More likely to die younger Less likely to have educational qualifications More likely to be economically inactive More likely to experience harassment More lively to experience problems accessing services (notably housing & transport)



Disability in Bridgend

2001 Census for Bridgend County Borough Council

Bridgend WalesLimited long-term illness 32164 (25%)(22%) General health ‘not good’ 17516 (14%) (12%)Claiming disability-related benefit 13765 (11%)

People providing unpaid care 16189 (13%) (11%)Providing unpaid care 50 hpw + 4417 (3%) (3%)



New Disability Equality Duty

5 parts to general duty: Promote equality of opportunity Eliminate unlawful discrimination Eliminate disability-related harassment Promote positive attitudes towards disabled people Encourage participation in public life

Also …

All schools in Wales must publish a disability equality scheme by April 2007




Disability Equality Scheme that sets out: Statement of how disabled people have been and will be involved in developing the scheme.Our arrangements for gathering information. How we will use gathered information to measure and improve performance.

Our arrangements for monitoring performance in employment, educational attainment and service. Our arrangements for impact assessment.




We must: Publish Disability Equality Scheme by December 06 Include a timetable for impact assessments. Annual progress report. Review and revise the scheme every 3 years.



Enforcement

Any person including the Disability Rights Commission can apply for judicial review Disability Rights Commission can issues compliance notice and apply to for court order



Overall aim

To actively look for ways of ensuring that disabled people and non-disabled people are treated equally

To involve disabled people in a practical and influential way



Draft Disability Equality Statement for consultation

Bridgend County Borough Council is committed to disability equality and creating a place where everyone feels they can live life to the full. The council recognises the rights of disabled people to participate fully in the democratic, social and economic life of the county. The council is committed to challenging all forms of disability discrimination by adopting the social model of disability and the principle of inclusive design.

The council recognise that disability covers a wide range of physical, sensory and mental impairments and affects people across all ages and from across the whole community and that each person will have differing needs. We also recognise social disadvantage and exclusion is not an inevitable consequence of people’s medical condition or impairment, but rather that people are disabled by society’s negative attitudes and treatment of disabled people. This can limit their opportunities and choices and prevent disabled people from taking part fully in the life of their community. Such discrimination stems from prejudiced attitudes and believes about the abilities, skills or characteristics of disabled people. Further, the council is aware that exclusion and unfamiliarity can make disabled people more vulnerable to discrimination, hostility and inappropriate treatment. The council has an important role to play in challenging and changing the social, attitudinal and environmental barriers that disadvantage disabled people.

We are committed to removing barriers to disabled people, in particular in education, employment, and services. We are committed to involving disabled people on issues that affect them and our aim is to provide accessible services, information and buildings for everyone. We will promote positive attitudes towards disabled people and will work with partner organisations to tackle harassment and violence towards disabled people. We will make sure that we provide supportive and responsive working arrangements that enable disabled employees to achieve their full potential.

Social Model of Disability

The Disability Equality Duty reflects the social model of disability. This takes the approach that what stops or hinders a disabled person doing something are barriers that society has put in place or chosen to ignore. It is society that disables a person not their impairment.

The Disability Equality Duty takes the social model and applies it to the functions of a public authority. It does this by recognising the negative impact on disabled people of a society designed for non-disabled people. It also recognises that active steps are needed to promote equality for disabled people.

(Disability Rights Commission definition)

The principles of Inclusive Design

An inclusive environment does not attempt to meet every single need, but by considering people's diversity, inclusive environments can break down barriers and exclusion and will often achieve superior solutions that benefit everyone.

An inclusive environment will be: Easily used by as many people as possible without undue effort, special treatment or separation Able to offer people the freedom to choose how they access and use it, and allow them to participate equally in all activities it may host Able to embrace diversity and difference Safe Legible and predictable High quality.

(Disability Rights Commission definition)

Disability Equality Duty for local authorities Corporate Equalities Co-ordinator / Cydlynydd...

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