The Disability Discrimination Act 1995

1
The Disability Discrimination Act 1995

• As amended by the Special Needs and Disability
  Act 2001

2
Why do we have the Act?

• The principle behind this legislation is that
  disabled people should have the same
  opportunities as non- disabled people to benefit
  wherever possible from education or other related
  provision available.

3
Definition of Disability

• For the purpose of the Act, the definition of
  Disability is that
• the person has a physical or mental impairment
  which has an effect on his or her ability to
  carry out normal day to day activities.
• An employee who discriminates against a disabled
  person or student will usually be regarded as
  acting in the course of their employment, even if
  the responsible body has issued express
  instructions not to discriminate.

4

• The Act makes it unlawful to discriminate against
  a disabled person
• In admissions
• In the terms in which enrolment offers are made
• By refusing to accept an application for
  admissions or enrolment
• In the provision of services for students
  including leisure, training, recreation and
  catering facilities or accommodation

5
Responsible bodies MUST

• Not treat a disabled person LESS FAVOURABLY
• Make REASONABLE ADJUSTMENTS
• Take ANTICIPATORY ACTION

6
What activities are covered by the duty not to
treat the disabled person less favourably?

• Admissions
• Enrolments
• Exclusions
• Services

• Car parking
• Work placements
• Field trips
• Catering facilities
• Outings trips
• Physical environment

7
Duties

• The duty not to treat people less favourably
  must reflect the fact that the less favourable
  treatment is related to the disability and in
  comparison with how other people are treated
• The term placed at a substantial disadvantage
  compares the way that someone who is not disabled
  is treated
• The responsible body must take into account the
  time, inconvenience, effort or discomfort
  entailed in comparison with other people or
  students
• Reasonable adjustments to be in place by
  September 2005

8
Anticipation

• An important feature is the ANTICIPATORY nature
  of the duty owed to disabled people
• If the institution did not know and could not
  reasonably have known that the student was
  disabled, then failure to make an adjustment for
  a disabled person or person may not be
  discrimination
• The Act does not require a responsible body to do
  anything which might mean that it cannot maintain
  academic or other prescribed standards in a
  particular learning programme

9
Confidentiality

• A disabled person has the right to request
  confidentiality but
• The college is no longer obliged to produce a
  Disability Statement from September 2002 but it
  is produced as an example of good practice
• If a student makes a successful claim against an
  institution they maybe awarded
• Compensation for any financial loss or injury to
  feelings
• An injunction against the responsible body
  repeating the act of discrimination

10
When must we comply?

• Reasonable adjustments must be in place by
  September2005
• Every college needs to produce a Disability
  Equality Scheme by 4thDecember 2006. This has to
  say what they will do and is reviewed every 3
  years. Colleges have to prove that they have done
  what they said they would do