Disability Equality for the NHS NHS CEHR/DRC - 2006 Disability Rights Commission Comisiwn Hawliau Anabledd Disability Equality for the NHS NHS CEHR/DRC - 2006 Amelia John - Acting Director (Wales)
Disability Equality Duty Disability Discrimination Act 2005 (DDA) – DED into force from 4th December 2006 General duty to promote disability equality Specific duty – main focus of which is Disability Equality Scheme
DED General Duty Public authorities must have due regard to the need to: Promote equality of opportunity Eliminate unlawful discrimination Eliminate disability related harassment Promote positive attitudes Encourage participation in public life Take account of person’s disability/impairment even where more favourable treatment
What will the DED mean for all public authorities? Tackling institutional discrimination Proactive action to combat discrimination and actively promote disability equality Not the same as Race Equality Duty Focus on outcomes for disabled people
Why a Disability Equality Duty? Historic institutional exclusion of disabled people 1 in 5 people in Wales are disabled people 24% of disabled people no qualifications, 13% of non-disabled people Disabled people twice as likely to be unemployed - 40% of those out of work Disabled people die younger – Formal Investigation – www.drc-gb.org/health
How will the Disability Equality Duty help you? The DED will help you to: Improve performance in provision of health services Improve health within your local communities Strengthen community organisations and community cohesion
The Specific Duty – publishing a Disability Equality Scheme DES must include a statement of: Way in which disabled people involved Methods for impact assessment Action Plan of how fulfil DED Arrangements for gathering information How it will use information gathered
Involvement of disabled people Who? Those disabled people who have an interest in the way functions carried out Full diversity of disabled people including ‘seldom heard from’/’hard to reach’ people When? From the outset and at every stage Should be continued beyond publication of DES
Involvement (continued) How? Budget Existing mechanisms e.g. PPI,disabled staff networks,Community Health Councils Local disability organisations New mechanisms/creative thinking Focused and ‘joined up’ – risk of involvement fatigue
What does DED mean for the NHS? Equal health outcomes - Tackling the fact that disabled people are dying earlier and becoming ill more often – i.e. addressing health inequalities will be central to DED Independent living agenda must be embraced – provide disabled people with choice, control, freedom and equality
Overcoming institutional barriers Barriers are numerous e.g. Access to quality healthcare and healthy lifestyles e.g. where disabled people live in residential, nursing homes, supported living, secure settings Access to 5 portions of fruit and vegetables? Ability to take exercise? Access to GP Appropriate use of procurement, commissioning, standard setting and inspection to address this
Embedding DED within health planning Ensure disabled people’s health needs comprehensively addressed in health plans and mainstream public initiatives to achieve equality of outcome, e.g.: Health, Social Care and Wellbeing Strategies Improved access to screening and health checks Disability equality impact assessment of plans and projects
Meeting the requirements of the Disability Discrimination Act Don’t forget the existing Part II and Part III duties! Improve systems for finding out patients’ access requirements and meeting them Staff attitudes, awareness, communication, time, flexibility as important as physical access Inspection and enforcement
DRC guidance on the DED for the Health Sector Disability Rights Commission Comisiwn Hawliau Anabledd Coming soon: DRC guidance on the DED for the Health Sector DRC health inequalities Formal Investigation findings – www.drc.org/health Disability Agenda Helpline for smaller employers DED Code of Practice Employment C of P