Libraries: Making them accessible to disabled people Kirsty Wayland kw226@cam.ac.uk

Aims and Objectives learn about the barriers that disabled library users encounter learn about best practice for communicating with disabled people To update on the Equality Act gain an understanding of support available locally develop a plan for enhancing the service you offer disabled people

EQUALITY ACT 2010

Who has rights under the Act? A ‘disabled’ person is someone who has a physical or mental impairment which has an effect on his or her ability to carry out normal day-to-day activities. That effect must be: • substantial (that is, more than minor or trivial); and • adverse; and • long term (that is, it has lasted or is likely to last for at least a year or for the rest of the life of the person affected). People who have been victimised People percieved as disabled or who associate with disabled people Extended to include perception and association In addition to the basic definition of a ‘disabled person’ there are some special provisions and exceptions. This means that people with severe disfigurements and some progressive conditions are automatically deemed to be disabled persons for the purposes of the Act, others will be subject to the special rules on progressive conditions. Further details are provided in Appendix B. People who have had a disability within the meaning of the Act in the past are protected from discrimination even if they no longer have the disability. Includes overseas students and former students – more info later

Who has obligations under the Act? Providers of; employment access to goods, facilities and services the management, buying or renting of land or property education Includes transport

Who is liable for discrimination? Lies with the governing body Responsible for the acts of; employees agents third parties More than one party can be responsible Training for staff and developing policies on disability Chapter 11 Shared responsibility eg As part of a History course, students at one institution spend a fortnight at another university in Britain which has copies of original historical documents. During that time, the students receive teaching from staff at the second institution and use other facilities there. Both the home institution and the host institution have responsibilities towards disabled students under the Act. Whether either or both are liable for any discrimination will depend on the facts of the case. Claims of disability discrimination under the Post-16 provisions of Part 4 are taken in the county court in England and Wales or the sheriff court in Scotland.

What does the Act say about discrimination in terms of disability? direct discrimination failure to comply with a duty to make reasonable adjustments indirect discrimination discrimination arising from disability victimisation of a person (whether or not s/he is disabled)

What is direct discrimination? If an education provider discriminates against a disabled person, and the treatment is on the grounds of their disability the treatment is less favourable than the way in which a person not having that particular disability is (or would be) treated the relevant circumstances, including the abilities, of the person with whom the comparison is made are the same as, or not materially different from, those of the disabled person. Direct discrimination can NEVER be justified – it will ensue in a claim being brought – NOW IN ALL AREAS; NOT JUST WORK Consider the effects of the disability, not the fact of the disability Need to identify a comparator – with care – non disabled or different disability Specific comparator for direct discrimination If the less favourable treatment occurs because of the education provider’s generalised, or stereotypical, assumptions about the disability or its effects, it is likely to be direct discrimination. Decisions based on the fact that a person has a disability rather than on the effects of the disability are likely to be direct discrimination. which arises out of prejudice about disability (or about a particular type of disability), direct discrimination may also occur even though the education provider is unaware of a person’s disability May not be conscious - A student with a speech impairment is studying for a politics degree. A lecturer does not enter the student as a candidate for a debating session because he assumes that students with speech impairments would have difficulty participating. Although the lecturer had good intentions when making this assumption, the effect was to treat the disabled student less favourably on the grounds of his disability. The act of direct discrimination in this case is the assumption that anyone who has a speech impairment would have difficulty participating in a debating session, effectively rejecting a whole category of people with no consideration for their individual abilities. Effects not facts – eg if CP means dexterity is poor and it’s a car maintenance course it may be reasonable not to accept student?? CHECK JJ CU BEST EG IS Specific Learning Difficulties RELATED IS THAT TACTLESS?

A failure to comply with a duty to make reasonable adjustments The duty arises when; a provision, criterion or practice, other than a competence standard, applied by or on behalf of the education provider; or any physical feature of premises occupied by the education provider, Place the disabled person at substantial disadvantage No longer defn on reasonable – substantial disadvantage When disabled person placed at disadvantage in comparison with non disabled person No defence in law for failing to make a reasonable adjustment A continuing and evolving duty Applies to all disabled students, not just those that have disclosed, hence the need for anticipatory duties It is a continuous process, and not (just) a response to individual needs Not expected to anticipate every barrier – just to establish a base line, and have mechanisms to produce adjustments promptly if required Physical features – identified through audit. Find and familiarise selves with audit The Act says that only substantial disadvantages give rise to the duty. Substantial disadvantages are those which are not minor or trivial. Confidentiality means if appropriate a lesser or alternative adjustment may be used

What is indirect discrimination/discrimination arising from a disability? where the education provider treats the disabled person less favourably, for a reason relating to their disability. Indirect discrimination – discrimination relating to those within a specific group Discrimination arising from a disability – a policy or procedure which discriminates against disabled people unintentionally Indirect – food and drink Arising from – extended loan periods The expression ‘disability-related discrimination’ distinguishes less favourable treatment which is for a reason related to a person’s disability from direct discrimination which is less favourable treatment on the grounds of a person’s disability. Direct discrimination – blanket ban on people with X studying Y Disability related discrimination – discriminatory policy which doesn’t single anyone out, eg no drugs/medication policy Discrimination must be linked to disability Material – strong connection to circumstances and treatment Substantial means to carry weight If there is no reasonable adjustment that could have been made and this has been investigated H and S can be a useful tool – if justification

Victimisation and harassment To protect those who make or support a claim from reprisals Harassment – unwanted conduct which has the purpose or effect of violating the disabled person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Does not just apply to disabled people It is not victimisation if the allegation was deliberately false and made in bad faith It is harassment regardless of how much it affects the disabled person Again, not knowing the student is disabled is no defence

How can discrimination be avoided? Listen to disabled people Seek advice Plan ahead Auditing policy and practice Implementing anti-discriminatory policies and practices Attracting disabled applicants Listen to disabled people – on individual or collective level. Ensure mechanisms are in place for those who have disclosed. Ensure disabled people are encouraged to disclose Seek advice – start with the DRC Planning ahead – all these things are easier in advance, eg door opener, eg fieldwork – not doing so may be breach of duty Implementing anti-discriminatory policies and practices sometimes called EO policies – in the event of a legal case this may be one of your defences – monitor implementation Attracting disabled applicants – and also promoting a positive ‘disability friendly’ image Use your policies – the complaints procedure can help to avoid litigation if used in timely way Chapter 2

Planning ahead For each category given below, consider short and long term actions to relieve discrimination; Policies, procedures and practices Auxiliary aids Physical adjustments