Equalities and Diversity

Disability Discrimination Act 2005: Brief Outline

Definition of disability

The definition of disabled now includes individuals with HIV, multiple sclerosis and cancer.

The definition of disability has been amended in section 18 to reduce the reliance upon the 'medical model' for people with a mental health problem which no longer has to be 'clinically well-recognised'.

A disabled person must continue to demonstrate a long-term and substantial adverse effect on their ability to carry out everyday activities.

People with HIV, cancer (not all forms of cancer) and multiple sclerosis are deemed disabled before they experience the long-term and substantial adverse effect on their activities.

'Common cancers' such as Bowens Disease are excluded from the definition.

School's general duties

It is now unlawful for public authorities, including schools, to discriminate against a disabled person when exercising their functions.

Schools and local authorities must have due regard to the need to:

Eliminate unlawful discrimination and harassment against disabled people
Promote equality of opportunity for disabled people
Promote positive attitudes towards disabled people
Encourage disabled people to participate fully in public life

Particular implications for school governors and local authorities

Governors must ensure that their schools do not treat disabled students less favourably, without justification, for a reason that relates to their disability, and must make reasonable adjustments to ensure that disabled students are not put at a substantial disadvantage.

Schools have to produce an accessibility plan which will complement their local authority's accessibility strategy to increase access by disabled students over time - the first 3 year plans and strategies ran from April 2003 to March 2006.

The election of parent governors is covered by the Disability Discrimination Act, and governors will need to make sure, for example, that the procedures for candidates to stand for election and for parents to vote for candidates are accessible to disabled people.

However the result of the election is not covered and disabled candidates will not be able to claim that they were not elected simply because they were disabled. Once a disabled parent governor is elected, the school governing body functions in relation to that parent are covered and the school must ensure that they can participate fully in school life.

The existing requirement to provide accessible vehicles is extended to include the transport services provided. Bus companies will not be able to refuse a job because, for example, it may take longer to pick up disabled students.

What this means for schools

Duties under the Disability Discrimination Act must be applied to providers of transport vehicles on behalf of the local authority. Local authority and school staff need to be aware of the new legal position when hiring transport.

Future duties

The government has said that schools are likely to be included among public authorities that will have specific duties in relation to the general duty.

Contact

James Oaten

Group Manager - Equalities and Diversity

Civic Centre

Rainham Road North

Dagenham

RM10 7BN

Tel: 020 8227 2105

Fax: 020 8227 2206

Textphone: 020 8227 2685

Email: james.oaten@lbbd.gov.uk|