1. Libraries: Making them accessible to disabled people
Kirsty Wayland

2. 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

3. EQUALITY ACT
2010

4. 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

5. 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

6. 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course, students at one institution spend a fortnight at another university in Britain which has copies of original historical documents.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.

7. 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)

8. 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?

9. 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

10. 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

11. 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

12. 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

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