Disability Equality Duty

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• Disability Equality Duty
• Lucy Foley
• Assistant Director, Scottish Disability Team
• sdt.info_at_dundee.ac.uk
• and
• Robyn Challis
• Senior Policy Officer (Disability)
• Equality Challenge Unit
• disability_at_ecu.ac.uk

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Disability Equality Duty

• A duty on all public authorities to promote
  disability equality
• A need to meet
• - the general duty
• - specific duties

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• Mind the gap!

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General Duties

• When carrying out their functions Public
• Authorities must have due regard to
• the need to
• eliminate unlawful discrimination
• eliminate disability-related harassment
• promote equal opportunities

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General Duties (contd)

• take steps to take account of disability even
  when that involves treating disabled people more
  favourably
• encourage participation by disabled people in
  public life
• promote positive attitudes towards disabled
  persons.

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Specific Duties Disability Equality Schemes
(DES)

• By Dec 2006 HEIs will publish their first
  Disability Equality Scheme (DES)
• The DES will demonstrate how the HEI will fulfil
  general and specific public sector duties
• Annually report on progress

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The practical application of the specific duties

• Preparation of action plans
• Involving disabled people
• Gathering evidence
• Analysing evidence
• Assessing the impact of policies/practices and
  proposed policies/ practices

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Challenges of the new duty

• Fundamental shift of focus from negative driver
  of compliance to proactive planning though
  anticipatory duty of DDA Part IV will have
  prepared the way?
• Equality legislation fatigue..

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First steps

• Engaging with disabled people internal and
  external (who/where/how/when/why/about what?)
• Gathering data and information
• Impact assessment priority areas
• Action planning for first Disability Equality
  Scheme

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..and some guiding principles

• Create and communicate a vision
• Ensure leadership from the top and form a
  powerful coalition
• Build on strengths for short-term wins
• Foster a whole-organisational approach
• The DED is a non-linear process

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Gathering evidence what is required

• DES must include a statement of
• Your arrangements for gathering information on
  the effect of your policies and practices on
  disabled persons
• The effect on the recruitment, development and
  retention of your disabled employees

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Gathering evidence what is required (contd)

• The effect on the educational opportunities and
  achievements of your disabled students
• The extent to which the services you provide, and
  functions you perform, take account of the needs
  of disabled persons

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Internal focusEngaging with disabled people

• Who are disabled people?
• The problem of under-disclosure a vicious
  circle?
• Dont be disheartened culture change is a
  long-term project

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Internal focus - Engaging with disabled people
(contd)

• The spectrum of engagement from consultation to
  involvement
• Ideas about involving disabled people who,
  what, when, how?

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Impact assessment making it part of your
everyday work

• Impact can be positive or negative
• What to assess?
• New and old
• The importance of mapping
• The back catalogue - relevance reviews

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Impact assessment making it part of your
everyday work

• How to assess?
• Use your data
• Existing systems of review, evaluation and
  quality assurance
• Who does it? involvement, training, ownership

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Action Plans

• The action plan in a highly effective
• Disability Equality Scheme (DES) would
• reflect
• The priorities of disabled people
• The HEIs strategic priorities

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Action Plans (contd)

• Specific outcomes which you wish to achieve to
  promote disability equality, set out against a
  realistic timetable
• Lines of accountability
• Measurable indicators
• The key milestones or external pressures faced by
  the HEI

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Useful documents

• ECU Briefing Papers 1 and 3 Shaping your DES
• http//www.ecu.ac.uk/publications/guidancepublica
  tions/
• SDT Disability Impact Assessments A Brief Guide
  at
• http//www.sdt.ac.uk/resources/
• ImpactAssessmentGuidanceDec05.doc
• SFC Disability Self-evaluation Tool at
• http//www.sfc.ac.uk/library/06854fc203db2fbd0000
  01082e659bc0/
• DRC publications on the disability equality duty,
  including their new guidance on Evidence
  Gathering
• http//www.drc-gb.org/library/publications.asp

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Procurement

• Scenario 1
• A university is planning to introduce a new IT
• system. Its action plan includes details of
• work it will do to ensure that the new system
• is suitable for use by disabled staff and
• students and the way it will develop the
• specification so that the system delivers the
• right products for disabled people.

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Procurement

• Scenario 2
• A university Law Faculty uses guest lecturers
• to teach on many of its courses. While the
• lecturers are from outwith the University, the
• lectures they deliver are an official part of
• the course.

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Procurement

• Scenario 3
• A university has had complaints from a number of
• disabled students regarding building works on
• campus. Some of the complaints relate to issues
• such as vans being parked on pavements and routes
• being blocked unnecessarily. Some complaints
• however are about the inappropriate behaviour of
• some builders when approached by disabled
  students
• to move materials etc.