The new law was introduced by the Disability
Discrimination Act of 2005 which amended the 1995 Act of the
same name. It forces bodies to take the needs of disabled people
into account when planning everything from buildings to
websites.
The new Disability Equality Duty (DED) places a legal obligation
on public bodies to consider the needs of the disabled when
planning services. In carrying out their functions, the Act says
public authorities must "have due regard" to needs that include
eliminating discrimination and promoting positive attitudes towards
disabled people.
Around 10 million people in the UK have rights under the
Disability Discrimination Act, according to the Disability Rights
Commission.
“The Disability Equality Duty will have a major impact on the
lives of disabled people and will radically shift the way public
authorities deliver their services," said DRC chairman Bert
Massie.
"Public bodies – from the local library to the NHS – will have
to consider what disabled people need when planning their services.
This is a step-change away from individual disabled people having
to complain about discrimination after an incident has taken
place," said Massie.
Under accompanying Regulations,
all public bodies must publish a Disability Equality Duty scheme by
Monday which outlines how it will fulfil the new equality duty. A
196-page Code of Practice from the DRC gives guidance on what is
expected.
Tech impact
Struan Robertson, editor of OUT-LAW.COM and a technology lawyer
with Pinsent Masons, said IT procurement will be affected by this
change in the law.
"Public sector employers should read and follow the Code of
Practice," he said. "In any court proceedings over disability
discrimination, the DRC's Codes are influential and therefore must
not be ignored."
Robertson pointed to a provision of the Code that addresses IT
systems directly.
The Code states: "A Government department that is planning to
procure a new IT system should ensure that its action plan includes
the work it will do to ensure that the new system is suitable for
use by disabled employees."
Robertson said this complements new procurement rules that were
introduced earlier this year. The Public Contracts Regulations 2006
state: "When laying down technical specifications … a contracting
authority shall, wherever possible, take into account accessibility
criteria for disabled persons or the suitability of the design for
all users."
Media and telecoms regulator Ofcom published its version of the
Disability Equality Duty yesterday, which outlines not only how it
will behave as an employer but also how it will promote equality in
its work as a regulator.
It says it will review communications networks and services to
assess how well they meet disabled users' needs and will ensure
that broadcasters produce enough programming with sign language and
subtitles.
"New communications technologies continue to emerge, providing
more choice and opportunity for consumers to access entertainment
and information and to interact with each other," said David
Currie, Ofcom chairman, in the document. "But full participation
for all is not a given; service providers and manufacturers need to
take into account the needs of disabled people."
"As the UK's communications regulator, Ofcom has a number of
duties designed to ensure disabled people have fair access to
electronic communications," he said. "These include setting and
monitoring targets for television access services (subtitling,
audio description and signing) and encouraging the availability of
easy to use equipment."
The Disability Equality Duty does not just demand that public
bodies act in a non-discriminatory way when it comes to people with
disabilities, but that they actively promote equality. "The
Disability Equality Duty will ensure that public bodies become
‘change agents’, developing policies, procedures and services that
not only combat disability discrimination but actively promote
disability equality," said the DRC.
The DRC will be the enforcement body for the Disability Equality
Duty. "Only the DRC can issue a compliance notice on an authority
which does not comply with the specific duties," it said. "If it is
not complied with then action can be taken by the DRC in the county
or sherrif court. An individual cannot issue a compliance notice,
nor can they bring any legal proceedings because, for example, an
authority has not involved disabled people in its scheme."
