Disability Equality Duty more than getting through the door… Kathleen Jameson Disability Rights Commission

New Disability Discrimination Act 2005 Duty on public sector to promote disability equality Comes into force – December 2006 DRC Statutory Code of Practice on our website

Duty to promote Disability Equality When carrying out their functions public authorities must have due regard to the need to: Eliminate unlawful discrimination; Promote equal opportunities; Eliminate disability related harassment; Promote positive attitudes towards disabled persons; Encourage participation by disabled persons in public life; Take steps to take account of disabled peoples’ disabilities even where that involves treating disabled people more favourably.

General duty applies to… “Any person certain of whose functions are functions of a public nature”.

Duty to promote Disability Equality Builds on DDA but is not about new entitlements.. Is not necessarily about changes to your building or adjustments for individuals It’s about weaving equality into your culture in practical and demonstrated ways Takes an organisational and upfront approach Tool for tackling ‘institutionalised discrimination’.

Institutionalised Discrimination In 2003, 24% of disabled people aged had no qualifications at all, compared to 13% of non-disabled people of the same age. Disabled people die younger than non-disabled people, partly because of unequal access to health screening, assessment and treatment. One study found people with learning disabilities were 58 times more likely to die before 50 than other citizens.

Institutionalised Discrimination Research carried out by the Greater London Authority in 2003 found that 50% of disabled respondents had experienced abuse or bullying because of their disability. NACRO research showed that disabled people were four times as likely to have property stolen from them with the threat or use of violence and almost twice as likely to be burgled as non-disabled people.

The Specific Duties The majority of public bodies have both the General Duty and Specific Duties which are a clear framework for meeting the General Duty and includes the requirement to produce a Disability Equality Scheme. Listed bodies with the Specific Duty include central government, educational organisations, local government, health and inspection bodies.

Disability Equality Scheme Those bodies who are listed and therefore have the specific duty must: Publish a Disability Equality Scheme (including within it an action plan). Involve disabled people in producing the scheme and action plan. Demonstrate they have taken actions in the scheme and achieved appropriate outcomes. Report on progress. Review and revise scheme

What should the scheme include? Gathering information Impact assessment The Action Plan Annual reporting Involving disabled people

Involvement requires a more active engagement of disabled stakeholders than consultation It must be focused and joined up to avoid involvement fatigue on all sides. Public authorities with the specific duty need to involve disabled people in the development of their scheme.

Gathering information Information should only be gathered when it is going to be used. Authorities must set out their arrangements for gathering information on the effect of their policies and practices on disabled people. Look at the current mechanisms for gathering information to see whether they can be disaggregated as well as setting up new mechanisms.

Impact assessment This is to identify where they might better promote equality and to consider what can be done to deal with this missed opportunity. Impact assessments are a positive process that should lead to real improvements. The scheme must include a statement of the methods for assessing the impact of policies and practices on equality for disabled people.

The Test… If after…involving disabled people, gathering information, producing action plans and undertaking impact assessments you cannot identify any clear outcomes and practical improvements for disabled people you are not doing it right.

Enforcement General duty: Any person, including the DRC, could apply to the High Court for judicial review of a public body that they felt was failing to comply Specific duty: DRC issues compliance notice; if not satisfied apply to county/sheriff court for order to comply. DRC: have just started developing our enforcement strategy.

What will the DRC be doing? Producing detailed guidance and information. Promoting the duty and highlighting best practice. Working with inspection bodies to build the duty into their regimes. Working with the public sector and disabled people to make the duty effective.

…and finally (almost) This is a pro-active, problem-solving approach which seeks to tackle institutional discrimination and to mainstream disability equality into the core business of the public sector. We must not waste this opportunity which will help us deliver better public services overall as well as addressing the discrimination faced by disabled people.

Which is the odd one out? Hook Parish Council Northwest Regional Development Agency Channel 4Tate Modern